The New York Herald Newspaper, February 20, 1872, Page 5

———$____—__-— YOR HALL. fm Eventful Day in the General Ses- siens—-The Chief Magistrate of the City Demands a Trial. Intense but Suppressed Excite- ment in Court. ‘Mayor Hall Dignified, Earnest and. Impressive. Attornéy General Barlow on Postponement. THE CORRESPONDENCE IN THE CASE, Fhe Trial Adjourned Till Next Monday. Yesterday was a very eventful day in the Court of @eneral Sessions. As will be remembered, after geveral extensions of time granted to enable them te complete their business, Judge Bedford’s Grand ary came into court on Saturday, the 10th instant, md presented as their final action several indict- mente agains: prominent ex-officials of the city gov- ernment, Indictments were alsv presented by that body against the Ulief Magistrate of the city, Mayor BaP. On that occasion Mayor Hall rose, and, in a brief and well-tempered address to the Court and in the presence of a crowaed court room, demanded a prompt née specdy trial, to which all men under the con- stitution of the United States are entitled. He then wtated that as Judge Beaford was about leaving the eity for much needed relaxation from his oficial @aties, and as Recorder Hackett was a personal friend of his, he would prefer to have the case against him tried by one of the Judges of the Com- men Pleas, who are ex oficio Judges of the Generai Seasons, This suggestion met with prompt com- Piiance on the part of Assistant Dis- trict Attorney Sullivan, and upon ‘his sugges- tion the Chief Justice of the Common Pleas, Mr. Charles P. Daly. was selectea as the Judge to try the case. Judge Bedford, in ac- Cepting the suggestion, remarked that whether the ase was to be tried by Judge Daly or any of the ether Judges of the Common Pieas, or by theim- mediate Judges of the Court (Judge Bedfora himself er Recorder Hackett), the accused, from his high Position and in view of the pubiic interests in- volved, was entitled to as speedy a trial as could be procured. Judge Bedford then set down tho Case peremptorily for yesterday morning. INTERESTING PROCBEDINGS YESTERDAY. ‘The public mind was naturally excited in the case, ‘and yesterday morning the court room was crowded mm every part by respectable citizens anxious to be resent at proceedings of such general interest to tae whole community and 1n which the principal Mgure was the Chief Magistrate of the city himself, ‘Thai the proceedings, though entirely preliminary to an actual trial of the case, were of the deepest ‘interest, the subjotned full report hereof will fully Actest, Judge Bedford presided, and ruled upon tne peints presented to him in his usual self-possessea and impartial manner, At five minutes to eleven @ clock MAYOR HALL entered the court room tnrough the Judge’s door, and after receiving the salutations of professional gentlemen and others accommodatea with seats imside the bar, he proceeded outside the bar and took his seat at the table allotted to counsel. He ‘Was accompsnted by his law partner, Mr. Vander- poel, wiio occupied a seat beside him. The latter gentleman took no part inthe subsequent proceed- ‘mgs. It was a general remark that the Mayor ever looked more unaffected or at his ease, and Bis conduct throughout showed that this was the re- suit of no mental effort on his part. He looked every inch the man prepared to put himself on trial befere God and bis peers, assured of a speedy and safe deliverance, ATTORNEY GENERAL BARLOW seon after entered the Cour: aud took the seat usu- ally occupied by District Attorney Garvin. It 1s a very rare occurrence when an Attorney General of the State appears as a public prosecutor in the Court of General Sessions, The opportunity in this ease, however, was too tempting for the new Attor- fey General not to profit by it, and he devoted him- self to the case yesterday with great earnestness and an evident spice of projessional pride that he bad to try forensic swords with such an able adver- sary. ASSISTANT DISTRICT ATTORNEY SULLIVAN fepresented Judge Garvin for the prosecution. He, ‘mdeed, seconded the application for a postpone. ment of the case till Monday next, but did so within she bounds of professional etiquette and with all Seference to the right claimed by the atcused of a speedy trial, At eleven o’clock precisely JUDGE BEDFORD took his seaton the bench. At that moment the Seepest silence prevailed, amid which the accused slowly rose, and in slow but ready words proceeded €0 address the Court. MAYOR HALL’S FIRST ADDRESS. Ifthe Court please, agreeably to an order of the of Seasions, which set peremptorily down for to-day my case or cases (if they be pl or if they be singuiar), 1 am ready for trial, and shall, if the Court please, insist upon one, ATTORNEY GENERAL BARLOW’S REPLY, Attorney General sariow, rising, said:—If Your Honor piease, 1 will recall the facts of this case to the Court, as reported in the newspapers and as I understand them. I was not informed, sir, that the arraigninent of this delendant was ® take place, or that tne case would not take the ordinary course of cases in which the defendant ‘would come forward voluntarily, or on a bench war- rant at some future day. I was not, therefore, in Court, although 1t was understood that the Attorney General was to take charge of the prosecution of this Case. I was not informed that it was to come ap on that day, by some inadvertence, for which the District Attorney was not to biame, Of course i was not consulted as to the day when it would be convenient 0 enter upon the of this I accepted, however, i as representing the prosecuting o: 1 saw Mr. Chief Justice Daly, who te yt to try the Case, wno stated that he woula not FY 1b to-day, but would try it a week from to-day. ‘hen it Was suggested by the ‘District af last Saturday that unis case be set Gown before a Juage of the Common Pleas, and be- Siar hs vor, properly al, Mane nauion of the day of trial must be made subject to the con- venience of the Ju who was to try it. ‘These are the wi of the District. At torney, a8 # find them reported. There ts one aspect the therefore, in observe upon. If I talk about setting down a case for trial peremptorily for Monday wees, and if that other proposition is to be carried out, that tne Court shall presided over by His Honor ie Daly, Justice of the Common Pleas, who is by @ Judge of this Court, his convenience ‘Will bave to be consulted, so that any arrangement we now make with reference to the day of trial ‘would not be taken into consideration in view of some contingencies that might prevent the Justice of the Common Pleas from being here on that day. Bat there is another reason that 1am aware of. Now, sir, having seen His Honor Judge Daly, he bay agreed to try this case, having understood he ‘woul ic On the 26th, i rested with agree- ment, The Judge of this Court and the defendant ‘were nol . On coming down {rom Albany on Friday night [found at my private office a note the defendant saying that he shouid insist on Case to-day. Aslam not aware that a ‘ho hus been indicted for crime and 1s before of this Court for trial is to be permitted to upon and override agreements made by es of this Court and by the prosecuting Ihave treated shat commanication in just ‘way it deserves, and taken no nolice whatever and made no preparations ‘or the trial. Since ‘agreement was made, and since Your Honor Hy eat has turned this case over to Judge waly and he ac- ba the conduct of it, 1 haye not heard from either of the Judges of this Court that that agreement would be departed Seetney, Road 18 the Fesson the Prosecntion to-day. Now, I say, so far as the disposition of this case ‘1s concerned, 1 suould not have considered 1t necessary to have come here at all, I should safely nave ‘ert it_ to Your Honor thai you will not take this case from the judge who agreed to try it; that you will not be guilty of tho discourteay, to say nothing of the demand defendant, to take this case from the Bere by tae amdge Who has agreed to trv it Ao far ae that is Hin i (sensation and jent prevences. ahve. wale this detendant has —s arges agains rom the very begina: e comes here to get the cheap credit, or Gppeartag to be anxious to go on with this trial and of putting the prosecuting officer as appearing not ready to go On With this triaL Now, air, the Cay 18 not ready to go on with the trial for the reasons 1 have have come here solely that it may be understood that we are not reaay, and that the mo- tives and purposes of tnis delendant coming here may be understood, There is one more thing I would like to ask Your Honor. What 1s the doctrine regard the tial of este z1e' 5 i and theory of this Court in to era indicted for ern your lonor is reported in the HERALD, whicn I have here, in the other papers, as hav! said, “As to the locas at tl trial, that & matter, think, resting entirely with the Distriet Aorney and the accused.” 1 do not know whether Your Honor 18 uke to correctly reported; bat I would know whether that 18 the doctr: this Court, that men who are brought tothe bar of the Court under indictment by a Grand Jury are to be per- mitted to select a judge before whom they are to be tried? 1 would to be informed on that point. As 1 understand the mater, the selection of the judge wao is to try this defendant resis with the Vourt. It tne Court feel for any reason that they cannot or do not wisn to try it, and there are many Yeasons I expect which might induce the Judge of the Court to ieel in that way, I assume tat the question is with him wheter any other Judge will try this case. That ne may determine it himself or on consultation with the Dis- trict Attorney, that aman under indictment can come here and select his judge, whether he be Mayor of this city or any other man, is a new doc- triue tome, lcame here—and this is the only rea- son why I came here—to protest entirely against the tone in which this matter is treated here. I have no desire to have any argument or tergiversation in this matter, 1 want @ calm and fair trial; but when I see & Mao who 1s indicted fora criminal offence come here in this Court in deflance of an agreement of @ judge and in defance of the agreement of the prosecuting officer, to talk about his ngnts and wt ress this case on, I come here what there i in this and asi case which takes it out of the ordinary run of crimi- Toue of apology wach as pervaded the proceedings tone of a) whic! Dl here, irom Which ‘we might think that tne people of this clty were the guilty persons, and we must apologize to tnis defendant for havi him brought here to the bar of criminal justice. 1 come here to express tne indignation which, I think, the community at the whole tone whicn has per- vaded this pl ing @nd ask, in conclu- sion—I don’t know, str, that it 1s necessary for me to ask anytoing Your Honor knows—that this mat- ter has been assigned to another Judge, and he is not here; and I leave is to Your Honor to try this case like any other criminai case, and let the matter stand over until the day agreed upon by the Judge Who 1s to try it. MAYOR HALL'S RESPONSE—THE RETORT COURTEOUS, If the Court please, I, at least, shall remember the dignity of the position waich I hold ia the com- munity, and 20 confine my observations to the law = the en ante, learned AGornay. Some ere, pro , Lo represent the people, an ue time no doubt he will file among the recoras of the Court his Tegal authority for appeanng here—to wit, the flat of the Governor of the State; but whether he pe here in the pursuit of his higo office, remembering, of course, that he is the successor of Van Buren, Ogden Hoffman, Tre- main, Cochrane and ovners who have dignifiediy filled his distinguisned position, or whether he is here as a volunteer, makes no difference tome If there is any answer needed to be made TO HIS PERSONALITIES they will be made hereafter. Tue learned Attorney General has read to the Court only a portion of Your Honor’s speech. I will supply the deficienoy. It 18 not to me a matter of a judge. It is @ mutter to me of time (pointing in the direction of the clock on the court room wall), aye, of minutes. Your Honor said (reading irom the HERALD), as regards the judges who may preside at the trial, that is @& matter resting with the District Attorney and with Mr, Hall; and whether the conclusions be that the trial takes Place before a judge of the Common Pleas, or an ex-officio juage in this Court, or before one of the Immediate judges of this Court, my associate and myself will abide by the arrangement.” in the earlier portion of the arraignment proceedings I said (and this was ona Saturday), “If Mond: will be designated I would like it; for it 1s, sir, due to the public that an early day should be named, and it 18 additionally due to the accused, who has at all times courted an opportuniy for vindication from @ great deal of malice and it be unprecedented fora in this Court and ask a spee was) trial. The the divine law waich says, ‘Agree with thine adversary quickly, while thou art inthe way with him.’ ‘Your Honor has been detained trom accompanying your compagnons du voyage by @ subpcena as one of the Grand Jury Commissioners to testify in a case now pending in the Court of Oyer Terminer. Te was a peremptory order for this case, and it was set down for to-day. The suggestion Uhat it be an earty trial, for the reasons given, was accompanted by another suggestion, that, a judge of the Common Pleas preside, and he has’ not come. Toe reason for any such suggestion has ceased. Your Honor has not lett the city; if the Attorney General has any objection to Your Honor I have failed vo hear it, I certginly have none. If it be said that you are my friend then there ts not one of the city or county judges who would not be amena- bie to thegame criticism. But the attorney General cannot, ken by surprise. I will read the letter which ressed to im, dated on the 161 inst. MAYOR HALL’S LETTER. have received from the District Attorney's office a mes- sage from you that, although my misdemeanor case was per. Srey, set down for trial next Monday, you do not expect to be ready, because Mr. Chief Justice Daly cannot attend until Monday the 26th inst. I must, however, insist upon the prosecution being ready on the 19th inst., and on that day I shall press for trial. This note is written that you may be early apprised of my intentions, and not be taken by sur- Prise, Days of delay are as harassing tome and my public functions as weeks would prove to other de dant s1m—Your tial was set down for February im—Your trial was set down for Febi subject to the conventence of Judge Daly, vatore whom ub to be wad, ‘The Judge informed me last Monday that he would not hold the Court until February 26, and that is the end of the mat- ter, #0 far as the trial on Monday is concerned. It seems un- usual for the defendant in a criminal prosecution to insist upon a trial on 8 day certain when the Judge declines to try the case at that and sush applicat can be made ‘with no expectation of success. FRANCIS C. BARLOW, Attorney General, The reading of these two letters caused a deep but silent impression in Court, the Mayor empha- sizing the points in Barlow's letter, which probably appeared to him .as discourteous and unteeling un- der ail the circumstances of the case. it was very evident on which side of the case popular sentiment, accepted as right always was ted thus far in the proceedin; ‘This 18, I think, sald Mayor Hallin conclusion, @ dignitied statement of my right to insist on going on with the case to-day. ASSISTANT DISTRIOT ATTORNEY SULLIVAN here rose and addressed the Court. He said that he never shrank from the performance of public duty, and stated frankly that the District Attorney had given the conducé of the trial of this case into the hands of the Attorney General, and, as Assist- ant District Attorney, he would not be guilty of the impropriety of objecting to or differing trom an off- cial decision of Judge Garvin’s. He also felt that in the hands of the Attorney General the interests of the people were in safe and competent control, and he would not be guilty of the discourtesy toward him to seem even at this stage to acauiesce in the suggestion, He desired that the case should not be allowed to take asbape which, in his humble jadgment, would be unfortunate for the interests Of the officers of the law, and also, if he might be permitted to make the suggestion, un- fortunate for the detendant. Under the circum- stances in which the case ms Ww nord. he hoped it would not proceed, as it Thvolve an appa- Tent conflict and unpleasant collision between the District Attorney and the Attorney General. He would deprecate any decision or any motion that Would involve the District Attorney in that dilem- ma. Mayor HALL—I am not aware, sir, that there has been any personality op my part. If there hasI most respectfully apologize to the Attorney General, the District Attorney and the Court, 1 shall make an additional 8' tion, which 18 this:—That up to this hour I nave and am unable to know of any accuser or complainant against me, and 1 don’t, of course, Know the embarrassments of the prosecution in regard to either the evidence or the parties; but ‘we can at least to-day, There must be some delay in obtaining @ jury, and I propose that we consume the day, or as much as may pe necessary, in selecting 2 jury and then, as my learned frien the Assistant District Attorney has said, we cancon- tinue the case to-morrow. The learned District At- torney seems to forget that all the remarks about the Associate Justices of the Common Pleas were en- rely predicated upon the sup; tact that Your Honor would not be in town this week to try whe case; and I beg to say simply, tn conclusion, 1! Justice Daly had been on the bench to-day, or Mr. Robinson or Mr. Van Brunt, or any one ‘of tne Judges of the Common Pleas, or if it had been legitimate or constitutional to have that Judge of the Superior Court who is opposed to me in poll tics I should have :aade the same motion and been ou had same Constitutional trick of demanding sper . JUDGE BEDFORD ON THE SITUATION. Judge BEDFORD, Who had listened with tention to the addresses of the Mayor and Attor! General, here said :—Mr, Attorney General, I think that the accused is very properiy here in Court to- day. if Lrecollect correctiy, on Saturday a week ago, when the indictments were brought in, the ac- cused in propria persona appearing im his own behalf, and his counsel asked the District Attorney for a hai 4 and speedy trial, I believe I replied substantially that, owing to the fact of the high and disunguished position Which he held in this city, it ‘was not only an act of justice to him, but also an act of justice to the people, that the trial should goon speedily, tn order that It mignt be definitely settled, and in order to give the avcused every opportunity and facility co vindicate his official tutegrity. The District Attorney was represented by Mr. Sullivan, Judge Garvin, if 1 remember correctly, was tnen in the Stokes trial. ‘Tne District Attorney then agree Qt the suggestion of the accused, that the 1: ‘should be put down for to-day, and suggestea that an order be entered putting it down peremptorily reat at- Sse hte I tage aes hae ve Mr, van of © 1 then took occasion to jl 3 know! What questions he may have to me. I did not expect to be re bub = and I find that I ve g & 5 me J 5 F night and proper, though there may be great difficnity and some time consumed in getting a jury, that an effort should be made to em- pauel a jury to-day, and then let the case go over Until to-morrow, for, as the accused says, it 18 @ time of minutes. No one can appreciate his posi- ct under certain indict- seems to be and demands a constitutional right, a speedy trial; and I think unless the people can show conclusively that they are not ready and cannot go on that the case should go on, atleast the empanelling of the Jury: and I thimk the Attorney General, whois and ‘always has been considered a very fair and honor able oficial, will certamly concur with me and pro- ceed with the empanelling of a jury. Mr. BarLow—I wholly misunderstand Your Honor, for, with ail respect to you I cannot accede to the suggestion, because, not having given the matter a thought since last Saturday, supposin; this week would be devoted to the preparation 0: the case, I have no witnesses, no sort of readiness for the trial, and shalt not be in readiness belore next Monday, and 1 protest against the case being tried before, Mayor HaLL—The Attorney General once more rotests. I never knew since the reign of James I, of the protest of an Attorney General stopping any rights which an accused possessed at common Jaw or under the constitution, Change the state of a appa that the Attorney General was Present at this case to-day, because it had been Peremptorily set down, and had relied upon the order of the Court and 1 rose in iny place and saia I ‘Was not ready, without giving any reason why, Pa my personal convenience, and without stat- ing phe Court that A pee na rand en oe nog upon an unders » Would case, a puto? Tue Attorney ‘General has not in any wise been taken vy surprise. He said in his opening remarks that the sole ana only reason tor the Laval ad not being ready was the absence of Judge Daly. Now, that reason Cannot exise to-day, for the City Judge is present. IM it was not the Attorney General in person It Was some other lawyer who was ready enough to go bere the Grand Jury uninvited and make an _ opening speech and @ summing up oration, which were accepted as testimony, and indictments thereon procured in the avsence of any testimony. If testimony existed valid for the Grand Jury let us have it broughttorward under the beautiful sun- light that nature has given us to-day, and examine ‘What it is before a peut jury. To the Atvorney General—One case, in which the people of the State of New York are represented, should prove as ready a8 anotner. I don’t understand mm to say that thing else 18 going to suifer by his attend- ce heré to-day or to-morrow. The Legislature has adjourned, and without intending discourtesy (if I have any rights in the presence of the Attorney General to courtesy), and without intending to in- fringe mn the rights of the Attoroey General or District Attorney, | still insist that we shall proceed to-day. If the Attorney General protests against going on, the protest of the accused under tne con- stitution ' ought to have tne greater weight against any delay. Look at it as he may, or as any portion of the puplic may, arr ment of any official, whether he bea con- stable under trial for neglect, or a Mayor of a city, or President of the United States before a Senate, it is @ scandal that any officer should practise his duties as he 1s compelled to do, with a sword of Damocles hanging over him, in the shape of a charge of official neglect, which they decline to let him speedily meet, Ana I am as anxious in the name of the people as in the name of the accused to demonstrate that there was no official neglect, or if there was, to submit myseif tothe sword. J] again demand that tms trial pro- ceed to-day and that the Jury now be empanelied. I understand from the Clerk of the Court that two orthree hundred jurors are in attendance. The expense to the county is tour or five nunared Goliars @ day in keeping them in attendance. If leit until next Monday an expenditure of $2,600 will be incurred, which 18 considerable in these days of proper economy. Here 18 @ servant of tho people charged with oficial neglect, yet exercising the office under the charge, but now in the court room clamoring for trial. therefore ask Your Honor that you adhere to your Intimations that you have already given to the At- \orney General that the case proceed to-day. Attorney General BaRLOW again insisted on post- ponement, urging that the counsel he expected to uy the case was not ready and would not be ready ‘until Monday next, Mayor HaLL—If the Court please, then, I must Insist that tue regular ofticer of this Court shall take charge of this case. 1 regret very much to be guilty of any discourtesy, but i call the atvention of tne learned Attorney General to the lact that he has technically no right to be here to-day. It is only sufferance of the Court. He is not here in ficial relations of the Attorney General of e State, unless the Governor shoald give him the right. The statute giving the Governor Such right does not relate to tne Sessions, but only to the Oyer and Terminer. Therefore it is no ane swer that the Attorney General as Attorney General 18 not ready. There is another statute that when the istrict Attorney cannot attend aad try cases it shall be the duty of the Judwes to assign counsel for the people. 1 don’t understand the Assistant District Attorney to suy he cannot be ready to-morrow. He can be, most assuredly, and ‘We can go on and empanei a jury. Assistant District Avworney SULLIVAN followed in @ brief speech, stating that if the Court directed tne case should proceed. He would not shrink from hts duty. He would proceed if the Court directed. He believed the defendant was entitled to a speedy trial, but the District Avorney had given the matter entirely into the charge of the Atworney General, ‘We have relied upon the Attorney General to bring the case to trial. Mayor HaLi—It the Court please, that is spoken a8 should 8) & gentleman who bears the name honored in history of Algernon Sidney, & iriend of liberty and of the persecuted. There 1s no collision here uniess the Attorney General nas made one wholly against himself, Tnere cannot be complica- tions either, Your Honor! This is a simple case of misdemeanor. I would have the right to stand here and ask that it go to the motes Sessions, and the demand would address itself to Your Honor’s ais- cretion whether it should or snould not be granted. T have read some criminal law aud forgotten much, butI can remember only one case wherein an Attorney General appeared in a case OF SIMPLE MISDEMEANOR, and that was where Attorney General Jordan had been livelied and his representative appeared tor aan This is simply a case ing that the acc wilfully neglected to accredit one certain bill. No charge in the indictment that there was any fraud. No charge that the city lost any money by the negiect. No Cari 4 tnat I benefited by the neglect. I accept this charge of misdemeanor, in the name of my constituents, as a vindication of my personal integrity. Had there been a chai of fraud capable of proof the Grand Jury would have made one, A case so simple ought to pe tried in an hour or two on the part of the peopie. Nevertheless, for reasons best known to himself, the Attorney General has thrown the weight of his great office into this case. I should esteem it a privilege to meet the Attorney General at this bar, professionally or otherwise, I court the opportu- nity of crossit forensic swords with him, nen the Attorney General gives the weight of his office to my misdemeanor case he eres the opportunity to me and my constituents and friends of meeting my accusers face to face, put in my defence or sub- mit to the law if I am guilty—though I Jee! certain f a Wise an, {horougn vindication upon even ¢ testimohy of the prosécution, dudge BEDrorD—For the first time I learn from. Assistant District Attorney Sullivan that Juage Garvin, the District Attorney, gave to the Atcorney General the conduct and control of this case as far a8 representing the peopie. if I understand Assist- ant District Attorney Sullivan correctly, he further- more gays that Judge Garvin 1s not prepared to go on in the case, having relied upon the Attorney Gen- erai to conduct it. The Attorney General assures me that there are witnesses absent, and that none of his witnesses are in Court, and I do not see tow, under the circumstances, the case can proceed to day. The pest ey Meee also says there are witnesses who cannot be had until next gfe and that asso- ciate counsel cannot be here until next Monday. So under the circumstances, and after hearing Mr. Sullivan’s explanation, I do not see how I can do otherwise than let the case go over to the 26tn inst., next Monday; and then, Mr. Attorney General, if you please, I suppose it will be beyond all perad- Venture tried on that day. Attorney General BARLOW—I will try the case then. Iwould have tried it to-day if it had not been for the arrangement with Judge Daly, whose engagements prevented him trying it this week, It goes over, then, by order df the Court. aon BepFoRD—It goes over upon your applica- on. General BARLOw—Your Honor— Mayor Hail had risen, and Judge BEpFoRD, interrupting, said:— “I shall hear both siaes,”” pnd Hati—Let us have no misugderstanding about this, Mr. Attorney General, and I preface it hypothetically with an if, if this case is to go over until next Monday there is to be NO QUESTION OF A JUDGE THEN, 1 am informed, since t have been in this court room, that @ case of very it mi ude has been set down before Mr, Uhief Justice Daly, in which distinguished counsel are engaged for next Mon- gay. Therefore, next Monday, uo matter who can be had (and every one Of the six Judges of the Com- mon Pl agreeabl ie), or if Your Honor re! in town, if such & thing were possible as that Geadilest personal enemy were to be put upon the bench, then 1 would come before nim, 80 anxious am | toend this persecution. (Applause, wee suppressed, followed the remarks of the rr. Judge Beprorp—Mr. Sparks, enter an order in the book that the trial is peremptorily set down for next Monday. The jurors are now discharged irom further attendance unul next Monday. ‘The Conrt then adjourned in this particular case THE CITY GOVERNMENT. Meeting of the Common Council and the Board of Supervisors. Proposed Action as to La- fayette Place. The Pay Roll of the Board of Su- pervisors To Be Looked Into, THE DEPARTMENT OF FINANCE. What the Comptroller Has to Say About the Financial Situation. Comptroller Green’s Exhibit of Payments. Large Payments to the Departments of Police, Fire, Parks, and Board of Instruction. THE DEPARTMENT OF FINANCE. jer Has to Say as to tho Clty Creditors and the Working of His De- partment—More Than Five Millien Dollars Paid Since He Took Office. Unusual activity was manifested yesterday in the City Department of Finance. The corridors of the Court House were crowded with anxious applicants for money, all of whom had been newly aroused into activity, consequent on the report of the proceed- ings of the Board of Audit, and its méeting on Saturday. The clerks from the Department of Pub- lic Works were bustiy engaged fvestigating tne pay rolls, and up to a late hour last night the cier- cal force of the Finance Department were busy at their desks, Yesterday there was @ large amount of money paid by the Comptroller, which witl afford relief to @large apd deserving class of city creditors. The following 1s a list of the payments made:— Police salaries, for Jani <s Department of Public Instruct Di Department of Public Parke—pay of ar dee Department—payme! In an interview that a HERALD reporter had with the Comptroller he stated that he thought that the public did not take into consideration several facts in connection with the department which he pre- sided over that it was needful for the people to con- sider if they would arrive ata correct jucégment as to the difMiculties that beset the department. When he entered upon the office of Comptroller he had to deal not only with the regular routine daily busi- ness, which was very heavy, but also with large arrears of business. These arrears haa required almost herculean labor to reduce to anything like system. Pay rolls, each of which bore upon its face from five to two thousand names, and of which each individual name had to be examined; the aead men, the “frauds” who naa rendered no service to the city-and the dishonest laborer had to be eliminated from the roll. inquiry Nad to be instituted as to the appointment of these men at election times for the urpose of manipulating the political designs of lessrs, Tweed and Sweeny, ana action taken thereon. It was found needful to obtain the action of the Legisiature in order that certain gegen) might be legalized, and on the first day of the session the Comptroller said that he presented a memorial at Albany. He acted with as much promputude ag Possivie, and that action was greatly complicated and retarded by enactments that had ultimately to be repealed. Now tnat the work of audit has com- menced under legal sanctiop, ne understands that audit to be a@ bona side work, and per- sonal claims for services rendered to be as strictly investigated as tnough they were charges for merchandise, This requires time and great labor. Inthe midst of all these dimiculties he Comptroller saia he wished to direct the atten- tion of the people to the following exhibit, A very large part of the money to pay the undermentioned cla:ms had peen raised u) 18 OWN individual re- sponsibility, and had been reiunded under the powors of ‘recent legislation. ‘The exhibit would show, he thought, that tne Department of Finance had done real good work for the relief of city cred- ators, Much had been said in reference to the pay- ment of Mr. Brown, the street cleaning contractor, but it must not be forgotten that Mr. Brown em- Ployed a thousand men, and in paying him the city ‘Was in fact paying laborers, Paid by the Comptroller from Sepvember 16, 1871, to February 19, 1872, as follows:— For wages of laborers ana employes—Depart- ment of Public Work: Fire Department... Department Public Parks For pay of teachers and of Public Instruction... For patrolmen, Departme eae For pay of employes—Department Public Hes and Correction... Department of THE CHAMBERLAIN’S OFFICE, Expenditure of the City Daring the Past Week—How the Balance Stands. Mr. F, A. Palmer, City Chamberlain and County Treasurer, issues the following statement of ro- celpts, payments and balances for the week ending February 7, 1872 :— Balances on February 10, 1872 City Trea sevens ++ 04 877,089 68 Sinking fund redemption 994 Sinking fand interest 188.773 37 Interest on city stock: oa.148 98 Board of Apport: Connty Treasury. BOARD OF SUPERVISORS. ' Kesolution as to the Employes of the Benrd. The Board of Aldermen yesterday resolved them- selves into a Board of Supervisors, the Mayor taking the chair, The minutes of the previous mecting were read by the Clerk and adopted. THE EMPLOYES OF THE BOARD. Ia reply to an inquiry submitted by Supervisor Van Schaick at the last meeting of the Board, and adopted, as to the names and compensation of per- sons employed by the Board of Supervisors, the Clerk submitted the following report: h, J. Fullerion .... James McGowan, Sergei J. William MeGowan, acti james C, King, watchman imothy G. Sullivan, watchmaa. 1,200 James Haskell, assistant janitor of new 1,500 Thomas Dempsey, keeper of brown stone buildin, 1,000 Timothy Dorsey, assistant Keeper... 1,000 Jam tchman Hall ot Record: . HS Sarah Heron, cleaning room of Superyi per dlem 4 per diem Johanna Gord, i a The other cleaners (about forty), although ap- pointed at various times by the Board of Supervi- sora, perform duties in the different court rooms and offices, and at the same rate of compensation, On the motion of Supervisor VAN SCHAIOK the Teport was referred to the Committee on Salaries, with the recommendation that the matter be looked into. Alter the transaction of some formal business the bn a until the 4th of March at five o'clock. BOARD OF ALDERMEN, Meeting of the Bonrd—Important Action as to the Open! of Lafayeite Pince, Street Cleaning and the Contractors Bill, ‘The usual weekly meeting of the Board of Alder- poets held yesterday, President Cochrane in the The minutes of the previous meeting were read by the newly appointed reader and were ap- proved, ‘THE STREET CLEANING. Alderman Rapps moved a resolution, which was adopted, calling upon tie Department of Public Works to turnish the Board with particulars of con- tracts for cleansing tue sewers; also that the Heaith Department furnish the Board particulars of con- tracts for cleaniog the streets. Alderman Conover in supporting! tne resolution said that he was surprised in reading a report of the proceedings on Saturday of the Board of Audit to find that several thousand dollars were paid to the conwacior for cleaning the streets, whereas it was evident to anybody that the contract nad not been fulilied, At the same time men who nad hon- estly labored for the city had not recetved a cent for four months, and were greatly inconvenienced thereby. EXTENSION OF LAFAYETTE PLACE. Alderman Rappg presented a remonstrance against the extension of Great Jones street througn Lafayette place southerly to Bleecker street. This was referred to the Committee on Streets, wuo have already this question under consideration. Alderman VAN ScualcK subsequently moved to take the consideration of ths matter trom the com- mittee, and that they be discharged, and that the following resolution be adopted:— That the resolution approved by the Mayor, October 11, 1869, authorizing and directing the Uounsel to the Corporation to take the necessary legal measurea to extend Lafayette place southerly from its present termination at Great Jones Street to the northerly line or alde of Bleecker street, be and it is hereby annulled, rescinded and repealed. After a long discussion it was decided that the matter should lie over until Wednesday next, when @ special meeting of the Board will be held to con- sider the question and act thereon. HE CONTRACTORS’ BILL. Alderman Joyck moved the following resolu- uon:— That the Common Counell does respectfully, yet earnestly, ask the Legisiature to pass the bill entitied * An act for the retlef of contractors in the city of New York” at asearly a day as possible, and also earnestly request the representa- tives of the city in the Legislature of this Rtate, now in session, to use every honorable means in their power to effect the passage of suid act at the earliest possible period, Alderman Conover sald that ne was in the Senate at Albany When this matter was under considera tion, and none of the Senators from New York could Pad any iniormation as to the purpose of the Dill. ‘nere Was a general impression that there was a ‘nigger’ in it, Alderman JOYCE was quite unaware of the “nig- ger.” Theonly “nigger” he knew of was a techni- cal odjection by the Comptroller that these contracts had not been properly advertised. He did not know much about it, however, On Alderman Joyce's suggestion the resolution ‘Was ordered to lie over until the next meeting. CITY PRINTERS, A resolution appointing Mr. Jonn T. O'Brien & Co. printers to the Corporation was referred to the Committee on Printing. CITY LEASES. Alderman VAN ScHAIcK, as Chairman of the Law Commitvee, moved the following resolucion, pro- Posed at a previous meeting by Alderman Conover: — ‘That the Counsel to the Corporation be and he is hereby directed to commence such proceedings as he may de-m Proper to recover from the grantees or lessees all property granted or leased by the city of New York without good, legal and adequate considerations or mere nominal rentals, The resotution was unanimously adopted, COMMISSIONERS OF DEEDS. Alderman VAN ScHAICK moved the following res- oluuon, which was auopted:—“Tnat tae County Clerk be mnstructed to report the number of Com. missioners of Deeds, giving tne numvoer of those qualified and those wno have failed to qualily up to this date or who have not been appointed irom any other cause,”? Alderman MARTIN sald a list had been furnished to members of the Board, and it was shown that there were 120 vacancies. ‘There was a kind of understanding that the Assistant Aldermen were entitled to sixty and the Aldermen to sixty. These gave four to each member. He had elected his four. (Laughter.) Several Aldermen disclaimed any knowledge of any such arrangement. Alderman Conover said he thought the Board Should understand that to a large extent the great anxiety of Mauy persons to become commissioners of deeds was for the purpose of selling their ap- pPointments and getling persons appointed in their Place who would give trom twenty-five to one hun- dred dollars for the appointment. The resolution was adopted. The Board adjourned to meet again at three o’clock on Wednesday, BOARD OF ASSISTANT ALDERMEN. How the Honorable Ke:ormers Do ‘Their Work—Two Hours Frittered Away and Nothing Done—‘“‘Yenny Wise and Pound Foolish” Economy. ‘The “Reform” Board of Assistant City Fathers met yesterday afternoon at the usual hour, at the Chamber of the Board, in the City Hall. At the hour for calling the meeting to order the lobby of the Chamber was filled with a crowd of as miid- looking men as ever “cut a throat or scuttled ship” or did the dirty work at a knock-down primary, The Reform Assistants, with one exception, were in their places. Mr. Nick Connors had ois hair most excruciatingly oiled and parted in the midale, and looked as much a reformer as could be wished for, As soon as the roil was called Mr. Manning, the sole relict of the late Transcript- New York-Printing-Company-Manulacturing-Sta- Uoners-Corson-Wilbur & Co.’s association, was called to read the minutes. As a true reformer he read such parts of the minutes as sutced.bim, and in such @ tone that not five members of the Board could have heard him. Mr. President Hall, who looks more consumytive since the Legisiature de- clined making him one of the Board of Audit, stood up, and, not knowing what todo with his hands, hid them behind his pack and then drawlingly said, “You have heard the minutes read, what 1s yobr pleasure?” ‘The greatest part of the minutes ‘that could have been heard was “and so forth,” “and so forth,” after intermediate mumbiings, The “re- formers,” however, ali voted to adopt the minutes “as read,” The minutes will, if so recorded, be @ fit instalment tor ‘‘Curiosistes of Literature.’ The order of presentation of petitions was called, and as district after district was mentioned the non- orable ‘reformers’? would Texpond “T PASS.) They all seemed to understand it, although it 18 @ new term in legisiation, bul may be natural under the circumsiances, as each one seems to be ‘‘piay- ing his cards” for something. Among the resoiu- tions offered, and on which a lively discussion sprung up, was one authorizing the appointinent of @ commissioner of deeds. Assistant Alderman PINCKNEY moved to refer to the Commitetee on Salaries and Offices, as 1t would Cost fully $25u to advertise the resulution if pressed o @ vole, He did not consider tnat it would be printed as offered, then printed as reported {from Lhe committee and the final action of tne Board on the report prigted, and thus cause much more expense, Mr. CONNORS, Who 1s yet, ag the bootblacks would Say, exceedingly “resi,” called for the yeas and roy) and moved to refer to a committee.” He, and and in tact several Of the others, seemed so enurely ignorant of the laws of decorum, as well as pariia- mentary usage, as to remain seated while making a Motion, and omitting first to address the presiding officer. The presiding officer, however, showed him- self wo be entirely uniitted for the position in every Way. He1$ by no means commanding in preseace, 4g slow in speech and action and indecisive iu every way—bis indecision, no doubt, arising Irom the morance Of the duties Of the position. ‘Tne pupil nd survivor of Corson and the Zranscript runs the Board, and ‘has done ail the work in tue Clerk’s office’ since the Board was organized. Mr. Co: Nors said 80, and he ought to know as he has e dently studied the question. ‘the commissioners of deeds’ appointments, of which several were mad were referred to the Comwittee on Salaries and Ofices. It was amusing to see how conscientiously the retormers do work. Jue Assistant Aidermen generally were so engaged in conversing on some Important business event When a vote was being taken as to not hear their names called. Mr. Schwartz seemed at umes 80 aeeply imbued with thoughts of the “bone” pusiness as to forget for a moment or two that his name had been called. As- sistant Alderman Costello, whose coat was “ALL VELVET,” would bristle up and “cole fur th’ aise en noos,” and snake his head at some of the others, as much as W saVi—“EUS & an oul mon, add mek et worrum fore ye.” Mr. CONNORS raised a little breeze on a resolution in relation to the Mutual Gaslignt Company. He got off quite a speech avout the laie Ring, and suc- ceeded in relieving his mind, and reddening his face. Mr. Stacom then stood wp and aaid very quietly :—"Now the gentieman has gained his point and made his speech, I move we proceed to busi- ness.” Oh, cruel Stacom! ‘Then Mr. Connors got up another breeze avout THE KMPLOYES AND THEIR SALARIES, and offered a resolution whicu prescribed that there should bea clerk at $3,600 per annum, deputy cierk at $3,000, assistant clerk at $1,500, engrossing and ‘index clerk, E reporter, $3,000; reader, $300; $1,200; ‘doorkeeper, sergeant-at-arms, to from nine A M. to 4 Py M. Mr. Connors was much astonished to find that twenty-one employés had been connected ‘With the orice, and declared that three or four could do ail the work—that in fact the entire work haa been done by the official reporter. Mr. Strack said that five men could do ail the work, and he Would be willing to contract for it at $10,000 per annum. Mr. Vinckney made a sensible speech avout ue impropriety of Keeping. gentlemen on the rolis when, by the action of the Board of Apportion- ment, 1t Was immpossible that they could be paid, and they should be notified of tne actual coadiuon of affairs. Mr. Costelio stoou up and asked Mr, Connors “Af he's @ raypooblican aur % dimicrat?” ‘The question declared out of order. Then Mr. Gal- vin got up, and, pointing his finger at Mr, Connors, aeeeonty ak Seaueen aad dunt he waut two ap- one rt . "7 be twenty-one attacnés, ‘Connors danced pomtments out of the twenty-one 7” ‘ \t cried Out, “That 15 176 30, that ts ne eos Mire Hart then o! an amend. after uite a speech, which provided that “there mououid’ be not more than $8,000 per annum expended in clerk hire as follows:—A clerk at $3,000, deputy $2,500, assistant clerk $1,600, messenger $1,000, doorkeeper $500, se! arms $1, and two boys aa messengers at $250 each. This amendment was adopted, and the reso- lution as ameaded was lost. Mr. Connors, although having voted in the affirmative, moved to recon- sider the vote, aut made the motion, as usual, with- ‘The motion was put, however, and voted down. A motion was subsequently adopted directing the clerk to discharge so many his resent assistants as to conform to the allowance y the Board of Apportionment, and to report the same to the Board. Thus the worthy refor- mers shirk the responsibility by throwing it on the clerk. After a large amount of frivolous debates on tions of no importance, ameng others as to whether “a vow window resolution should be referred to the Committee on arts and Sciences,” the Board at out rising. five minutes past five journed, The President should relinguish bis seat for a day or two to either Mr. Pinckey, Mr Stacom or Mr, Galvin and learm how to act. lt looks decidedly bad to see @ tall vody bending over the desk to receive directions and instructions trom Mr. Connor's late assistant, THE CRY OF THE PEOPLE. ° Pay Us Our Wages, O Comptroller Green? NEW YoRK, Fep, 18, 1872, To THe Eprror OF THE HERALD:— S1n—The conduct of tne Boara of Audit is so rep- rehenstble that I trust you will allow one of their victims to say a word or two to the public through your columns. During the fall and winter Mr. Green pretended tnat he could not pay the servants of the city m consequence of the funds being ex- hausted that were appropriated to the payment of salaries, laborers, police, firemen, £c, The em- ployés of the various departments, belleving the statements of the Comptroller, borrowed all the money they could from their friends, to enable them to support their families and themselves, for the last eight months. They also drew on the provision dealers as long as they could get credit, believing that they could pay up when the Legislature should meet and provide the means, The Legislature did meet, and provided the means of paying off all tne employés of the city; but what are the facts? Three weeks nave now passed over and the Board of Audit have left the salaried officials and the laborers of the city yes unpaid, ‘The new law provides that salaries should be paid without waiting the five days that other claims have to wait; yet the Board has made a rule, in violation of the law, compelling salaried oMcers to walt five days like all other claimants, If they had even then been paid all would have had their money two weeks ago; but one wodge alter another 18 resorted to to keep the oftictals out of thelr pay. In place of meeting from day day until all the pressing claims be disposed of, the Board of Audit meets for a few minutes and then adjourns without doing anything to forward the work of payment, They pay sireet contractors and other big jobbers who never earned their money, and the men who aid are lett unpaid. 1s it reason able or right that the Board should adjourn from yesterday un*ll Thursday, whue so many families are actually starving ? It is plain there 1s a “nigger in the wood pile.” ‘This staving off the payments justly due poor men, and authorized by law to be ee the first of all claims, has @ purpose in It ‘here is some party or political interest to be sap- served by this scandalous delay that deserves toe censure of the press and the public. No wonder that the victims of this Iraud were poisterons yeater- day, when they saw the Board adjourn without ac- tion on their claims. ‘The delay 18 not tor want of money, for the vomp~ troller has at his commana ali the monev he wants, and capitalists are datly offering him more. ‘Tne Comptroller has caused more misery in New ‘cork during the present winter than all the Tammany Rings thas ever existed. He has kept thousands of families starving, and injured the general business of the city to an extent that cannot be calculated. Will this man be longer allowed to carry on his high-handed doings without feeling the just cen- sure of the press? He spends his whole time in council with politicians, m place of attending to the business of his ofice, He is laying the wires for the next election, at the expense of the suffer- ing poor, and by some means manages to get the hewspavers to praise him for his fidelity and hon- aye while he 1s acting the tool and partisan of out- slaers, As the prcas will not do tts duty in the premises, I suggest that a public meeting of the city empioyés be held at once to denounce the trickery of Green and his Audit Board, and take measures in the Courts to compel then to pay the just claunsof the city’s creditors. If the other city papers wouia follow the HERALD in showing up the Audit Board an end would soon be put to the “possuming” of the members, but as they are not inclined to do 60 the nungry victims of this dolay nad better meet in counsil and provide for the issuing of a mandamus to compel payment. The long intervals between the meetings of the Audit Board and the slow progress made in the last three weeks must convince the most sceptical that there is a political and partisao object in ail this delay, ‘Tne cry for reform, a8 far as the present city ofictals are concerned, was a simple swindle. Green commenced his reform by refusing to pay the just debts of tne city; Stebbins by discharging the laborers and mechanics who lived by their daily lavor; and Vaa Nort by reducing the pay of the laborers fifty cents a day. If this was not bee ginning retorm at the wrong end do not know what reform is. Van Nort openly deciares that he is @ republican, and will run the public works in the interest of the republican party. Here, then, 18 & specimen of what is meant by reiorm. The old laborers, mechanics and employés of the depart- ment are being rapidly discharged aud republicans pat in their places, 13 1t not time that suck small political roguery should be stopped by the ualted voice of the people and the press? A VICTIM THE JUDICIARY COMMITTEE. The committee of the Legislature appointed to investigate into the cnarges preferred by the Bar Association against certain of our city Judges met yesterday, for the first time, at four o'clock, at the Fifth Avenue Hotel. Contrary to what had been expected the ~ session was devlared to be secret, nor was even © he question of the advisability of admitung the public, or, at least, the reporters, dis- cussed, Alter the concession made in this regard by the Custom House Senate Committee such a decision struck many of those who attended in the hope of hearing what mignt transpire as somewhat singular; nor were there Waning a (ew euspicious individuals who openly expressed their conviction thas there was @ “nigger in the fence” in the ol a desire to hide from the public any damaging disclosures that migat be made, und thus leave the ath open for the passage of a whitewasning report. The committee, however, themselves, as was perhaps not very uanatural, adduced rea- sons of a very different patur. The princtpal of these was that it would be ver; unjust to the gentlemen attacked to have ex statements published before they had the oppor- tumity to repel and refute them, and especially as the Committee will not have the time to preserve the forma that obtain in @ court of law, and waste days im the cross-examination of witnesses upom nou-material points, Their report wili be tounded upon the “general appearance” of matters, and wil not pretend to be @ searching and exhaustive summary of the case. If the public were admitted, too, the committee would have to hire a much larger room than they have at present, which ig “the smali next door neighvor to tne historic chamber in which the Republican General State Committee are accustomed to hold their oc- casional powwows. Strict ward and watch 1 kept, the aoor veing locked, and, furthermore, guarded on the outside by the presence of a power- 1ul-looking sergeant-at-arms, But iitue business was done yesterday beyond the forms of organization. ‘The Bar Association were admitted, wut, if is belleved, simply for the purpose of arranging the method to be adopted in the investigation, JUDGE M’CUNN AND THE ALLEGED CORRUPT JUDICIARY, In the news article which appeared in yesterday's HERALD on the subject of ‘Tne Alieged Corrupt Ju- aiciarv,” there occurred @ paragraph containing Serious charges against the character of Judge McCunn. The article in question was contributed by an outside reporter, and the HeRALD is not re- sponsiblefor its correctnesss, Judge McUunn sends us a card denying the truth of the allegations made against him, which we willingly publisu:— A CARD. TO TBE DITOR OF THE HERALD:— in your news columns of this morning! find @ communication from some enemy o1 mine, In which there is not one word of truth from beginning to end. 1 bave suffered much {rom such assauits, bus being confident of my own rectitude 1 nave paid but slight regard to them, and were Lin the walks of private life peruaps I would not be much con- cerned about tnis; but my official position ts assailed ; consequently, for the sake of the high oifice I hold and the institutions of our free laad, I am compeilea to ask you to contradict this malicious slanaer. I now say to you that there is not one word of trath u or from beginning to end, I mean, so far as it rogares, myeedett ry 4 wicked and malicious slander—a siander which cannot, in any degree, add anything to the mean and miserable creature who int oP ttc a teh lod now y me, re Hoping I nave not .trespassed, I remain yours most’ respectful, ‘J. H, MoCUNN, New York. Feb. 19, 187% THE QUARANTINE INVESTIGATION. ‘The Committee on Commerce and Navigation Groping in tho Dark. This committee of the reform Legislature met yesterday at the St. Nicholas Hotel for the purpose of investigating the conduct of the Quarantine officials, Representatives of the press were rigidly excluded that the commitiee might have tne iun all to them. uetves=a Faxuer Cis a8 & more sensible mem marked, o invesugaton ostensibly in the interest of reform. A number of merchants were examined at consideraole and the committee adjourned waui thie morning