Year: 1872

DEMANDED on THE GROUND THAT CONNOLLY


CANNOT BE PRODUCED AS WITNESS.


The suit of The People against Thomas G.
Fields came up in the Court of Oyer and Termner yes
terday morning. before Judge Brady and an application
was made by Mr.. Beach for more time.


Mr. Beach, who represented Mr.. Fields said that there
were two indictments for bribery against the defendant
On the last hearing Of this matter he had objected to
fixing day for trial. and now he was prepared to argue


motion which he should make to postpone the cases
beyond the present term. He should base his applca
ton on bis own affidavit, showing the absence Of
teria and necessary witness-Rchard b. Connolly. The
two indictments found in the General Sessions in
February 1s72 and on the 9Th of that month were Or
dered into the oyer and Termner. They both for
brberyOne under the Act Of 1869 and the other under


the Act of ls5charglng that the crime was committed
by Mr. Fields while member of the Legislature of 1870
The indictments are TO all ntents and purposes to the
same effect though different person is named in EACH
as the one from whom the bribe was received


In 1867 Mr.. Field was retained as attorney and
selor to prosecute the claims popularity known as the
Suburban Fremens Claims In the last organization OF
the Fire Department portion OF the territory under the
Jurisdiction Of the Fire Commissioners covered by
the services Of five companies in the outskirts OF the
city, and remen, by provision Of the law
tom, were only entitled to a certain amount to be sub
scribed from the companies funds for the services;
but they claimed the full amount paid TO
the city proper and presented their claims, amounting





Fields to prosecute these claims in 1867 and in 1868
was made that he would receive t per cent
on the recovered. In the Winter OF that year.
when he not member OF the Legislature, petition
was presented to the Legislature, which approved
by the Fire Commissioners and the effort to
unsuccessful 1869 it renewed, and the result
was the passage Of an act providing that the Con-
troller be authorized and directed to audit and
adjust and pay the claims not exceeding
S522, 600 to members Of said Engine Company" and
he twas authorized issue bonds to raise the amount
and It substantially paid In 1870 bill was intro
duced or rather section into the Tax Levy whereby
"the Controller authorized and directed to pay the
claims which have been found due to members OF engine
companies under the act OF 1862" Mr. Fields then
q member OF the Legislature. The indictments charged
that he received percentage on the claims, upon
slderaton OF which he gave one vote to support that
measure and that in doing he contravened the pro
visions of the acts Of 1853 aud 1862 and liable to
arrangement and trial.


Mr. Beach said that this had no connection with what
were called the city frauds and read his own affidavit.
which states that Richard b. Connolly Controller in
1se9 aud that the $4,000 paid to Mr. Fields per
cent on the claims. The Controller made provision In
the Act Of 1870 without consulting him, and without his
knowledge; and finally the present whereabouts Of Mr..
Connolly unknown to him.


District-Attorney Garvin said that the charge was
that Mr.. Fields had, while in the Legislature, partici-



nothing In the indictment which could not be shown
from the records OF the Controllers Office. The ques-
ton Did the accused so participate as member OF
the Legislature and receive portion Of the proceeds
There proof allegation that the Controller
would ever appear. He himself had caused the neigh
boring States to be searched for three months to
his attendance In another case but he could not find
him. and the case was still untried.


Mr. Beach replied that they could prove by Mr.. Con-
that 1t contained the clause inserted by Mr. Connolly
He knew of no principle on which a man should be
duce witness on whom he relied


not recorded Mr. Beach replied that there no
audit OF the $50O0 and record OF tue auditing OF the
S45O.OOo contested in the civil suit


Judge Brady said IL right and proper that the
eused should have abundant opportunity to prepare for
@ e eaane nS for the witness ne hao


Mr.. Beach said that he would show that Mr.. Connolly
was limited by the act Of that pay the balance Of
the claims he inserted clause In the b and that Mr.
question was. whether he received IL brbe for his
legislative action professional compensation There
ha spas S sadden sT
OF an important election. The usual principle was
Jail first. The District Attorney admits, said
6e, that this case has not been pressed
ments found, until within these few days, It has
been understood that the ordinary practice OF his Office
inquents charged with highest crmes-I think
rs for murdershoud be first attended TO- The District
ney-enera for some purpose other than the duo and
merorous administration OF justice. and he dsregards
trial to Offenders in JAIL to press the ia Of Mr.. Fields
who upon adequate ball and ready at any


Mr Peciham-I am here by the direction OF the Attor-
ney who informed ne that the delay took place
willing 10 try the case.


Mr Beaoi-It is q very pleasant avowal, indeed for
His Honor to hear, and very complimentary, OF course
say that the Attorney General has let these Ddict
ments slumber long time, and only Just found IN