CONNOLLY'S CASE. The Argument at Albany for Reduotion of Bail. Clerk Cady on the Comp troller's Offices. CHARLES O'CONOR ON THE WAR PATH. The Finished Fooehrrs?The Faeti and Fig urn, the Flagrant Frauds and the Fierce Forensic Fight. Important Points in Equity and Law. THE END NOT YET. CONNOLLY STILL A CAPTIVE. Tae case ofComptroller Counolly acquired more Than ordinary importance yesterday, from tne fact that a forensic fl^bt was going on at Albany, the result ot which would determine, perhaps, whether or not he should remain longer a pri soner in the common County Jail. The silly story, started by a sleepy morn ing Journal for the purpose probably or advertising a certain shipping man In this city, to the effect that Mr. Connolly was to lay aside $1,000, 000 lor the purpose of mahiug restitution If needed >ras promptly and pronouncedly denied. Beyond tills there was nothing new in relation to the sub ject here, as all partlos more directly interested wero awaiting the result ol the argument at Albany. THE IRGIIHJT a CONNOLLY'S CASE. Albany, N. Y., Dec. e, 1871. The argument on the order to show cause why the order lor the arrest ot Richard B. Connolly, late Comptroller of Sew York city, should not be vacated or his ball bond reduced, was held In Chambers by Judge beamed to-day. S. G. Courtney, William A. Beach, John McKeou and Butus Andrews appeared for Connolly, and Charles O'Conor and John H. fctrahan for the people. A target number of spec tators were present than at tue hearing of the Tweed case:? I Mr. ('?nriary'i Arfiinacei. Mr Cocbtnky in npsalne (be argument, after referring la the order of the Judge ior this hearing, said the plaintiff appear* U> show cauae wby the relief ailed for ihould not be grant-d. Ue propueci to read certain papers on wblob the application wa* baaed, or toe substance of Ibetr content!. He then proceeded to read tbe affidavit of Mr. Keckbam on which the order of arrest was (ranted (already pub lished), remarking that a* yet there bad been no complaint made by the people again.t Connolly, a? he was not asso ciated with Tweed, Carver and other* In the complaint iia'nil them. Tue affidavit, lit .aid, does not contain a sin gle alienation aealnit Connolly. He then read the affidavit RaJe by Connolly In respous>' to the affidavit of I'eckham, statins that It hem* puyMcally Impossible for him io discharge all the dull** of his office others were employed to assist him; that he knew only lu a central way of the work done on the Court House; that be did not and could not know anything of the nature or the eipenses, Ac., nor did be practically withdraw from the pTice on the appointment of Andrew 11. Green, but remained lb ere, PERMITTING URERN TO TAE* CHARGE; that he did uot appoint Grreu through any confclouaness of lit. own lj>'lll-. 'id>e affidavit further recites the history of (be matter. Benylng earb ana every allegation of a conspiracy or collusion ou his part. Con me', read the correspondence between Mr. Connollv and tb? city authorities to show that he was In charge of the office end lu lull discharge of bis duties and tor the public good The deponent oeufca all tbe alleged facta in Ibe com plaint and aays be baa been unjustly arrested and conboed In i that he a a imtnuu Jail for the lesson (bal be cannot furnish TUE BXTUAORUINAST HAIL of al.td MO. He also positively denies that be ever thought Of leaning the Stale or country. Counsel said tbi. was ail be bad to aay at this time. The Other aide might bave-aooie affidavits to read and he would lie pleased to bear them. Mr. SraaUAN, on behalf of the people, read an affidavit of Arlamus II. Cady, a clerk lu tbe Comptroller's office, In wiilob be said deieudant bad m pr.vate office, with a me.aen f;er stationed at tbe door tu.lracted to admit no one but base wh >m defendant would nerind, that there was another jirtrate room, occupied bv James Watson, County Auditor, u.ij hi it,e same manner; that de and who was to be seen on] fendaui's private room and M alton's private room commit J tested with each other, and ili-poneiil freouvntly saw rfe endant aud Watson lu couauilaiiou. Near Walaou'a desk rere tbe rouclicr*. aince stolen, and within s few days after IVataon'a death the two rooms were made one. Another Affidavit, by a watchman, continued this affidavit. An afl" avlt by Iieiity J. Stuns waa read, detailing the S itnes aud positions ot various official*, and that defendant ?Id ontntuu'.calloD With ooue else. There were a number Who did nothing more than come for tnelr par. ilenry r. Taint, r testmed to the Irregularity of auditing accounts. Ptmuci T. Bell, a Jintnlstralor of Watson, went l" the Comptroller's office lo examine papers Connolly guooouricsd part of tlte t apir, prlva.e and oilte a public. Nr (i'Conor produced a puitioo of tbo Touchers which were not stolen, knowu as THE K K YSEft Ol.al MS, said to lie forgerlea, for the inspection or the Judge. Judi Mr. tot Rt net then proceeded lo address the Judge, say ing alter the charge* of robbery be waa dliappolnled In the document, produced here by tue counsel on (be other side, lie claimed no one, lawyer or layman, could look upon tins pr eecmtob?or persecutiuu be might call It and there was tue least foundation for these charges. He admitted tbeie bad been robl>erles? gigantic robberies but be aske I where there was a slug's particle of testimony against Couuutlyf He had supposed tueae gentlemen who bad limited power, backed by the legal Cower of the Stale and wliu tue Comptroller's lice in tbelr hands, aud which we magnanimously pared la their bants, would bs able to give evidence of guilt agatntl Connolly. But they fall to do ao; they have nut abowu that be has got a single cent of tbe MJ.OOO hot) alleeed to have burn stolen. There was not a single a'ieg illun which, if Your Uouoi has bad lbs oppor tunity to luresll.ate, would wairant you In issuing tbe order for C'onuolly's art est. on I'-as It Is that he was about to ab scond. The complaint says that be Is a man in good health. 1. this good reason lot ordering bis nrrest 7 Then there wss the aliecsliun that Conuolly ought to know ?l a|l the repairs to and furniture put In the Court House. \Ye have properly ausweted that allegation by showing that this waa luipoaalble Here, too, Is an Insinuation, not a direct charge, that Conuolly waa Id OOLl.tlftlON WITH TUB TtTlKYVB who stole the vouchers. This is not charged, but Insinuated, aud U Is also insinuated that be look Mr. Green Into the offioe and resigned because lie was In complicity with that rubbery. What fact, thr counsel asked, '"J which stated which shows any such complicity T The de poneni bases this insinuation upon common report and upon bit belief, flow must men be arrested upon Hie con stol ons of Mr PeckhsiD'' And the order of aireat was Issued because Mr. I'eckham wa* convinced of bit guilt. We came bere In a manly manner. We do not sneaa In here sod ask you to discharge us upon conviction. We come bere like men, knowing our rights and dare maintain theiu. We do not come bere with affidavits made by men who neve been kept alive lor vrars by tbe crumbs tbut tell from the Comptroller's tai ls. Bu But there It no actual proof, no positive tiaiement contained )o a single affidavit mace bere. It Is charged that we, by neglicaca, or something else, bare allowed tbe city to be robbed. I.el us look at this. (Counsel read tbe resolution offered by Mayor Hall constitmlug a sub-board of audit and wh was otil.i responsible lor these toils, the Cornell idler fcoilld not go back of these audits and warrants, sad this man who ottered tbe resolution, MAYOR MALL, walks the streets of Hie city, vmt.'ng the clubs, end my c lent, wh soicd under tbe force of this resolution, rots lu jell. Now, do the honorable gentlemen un ibe other side Show any connection between oe ano Mi. Woodward Mr. Wood Wat d secured his money through the Broadway Rank. Il l tbey show thai we ever had anything 10 do wllh touching this money f They have examine i our back accounts, no doubt, but bare they found tuat wa kaie received a cent of this money 7 But Mr. Peckbam swears be believes we resigned our o&e to Orten because we were guilty. Tbe fart is. some ol tbe Committee of Seventy spoke to ue, suggesting Mr. Green, and w? took lb' ir suggestion and complied with it. i ben Mayor liall opposed ibis appointment indeed, be considered the (?flics vacated, and appointed General MciTellau; Indeed, he Lad tbe lull lary and police put in readiness to take forclb.e k iteesaion of tne office. Tnie, however, was given up, and Maror liall then thought ol having some Judge make an order to put the office fiito hj noe.ee put s o. uuusel said be could tar, and he bad toe light to say, that the chairman of tbe Committee of herenty end of toe tub-committee, a ter examination, comd liud nothing Implicating Connolly ye: Mr. reckham be teres he Is polity and be Is attested ami thrown Into jail. We in vited investigation, and u was giren. We did everything In of New pur power to keep tue bonds of the city sre entii ei lo better treatment than we bare received. Je concluded by a> gearing to the Jud^e to dec Ids this (juea lion without regard to public clamor. Hie client asked for o favor, be makes no apology for coming here, but he comes armed with plain, txuuenlabis facts which he eel* up against Till Msgs OORTICITI0NS OF SNttl IS PF'EIMM. Ha oomes here demanding bis r.gbts. If hs does not seouii these now he will In the end. We eland here upon tbe reoorcl of the it*, and we ask you to administer tbe law and reduce Isle amount of ball. Mr. O'Conor'e Address. Mr O'Conor ross to tddress the Judge snfl Mr Courtsey asked permission to sials a fact, which was tbst Green *m appointed L??puiy coinptrolltr before the vouchers were ''gir'b'COKOg said tbst wse not the fact. UoweTer, thai matter could be laid before the Judge st the proper time far bins to determine. Mr O'CONOB thee said the counsel succeeded ad mirable In eonnnlng himself to the matters relative io the esse. That be regarded creditable In view of the wide renge line matter had taken He referred clal mat t-i the statement as to who bad control of the financial mat ters lu New Vofk. These were Tweed, Hail, Connolly and kw-env Tweed hae beeo prosecuted, and the counsel have hiothlDg to eay against that' Connolly baa lean pr.aecuied, '-el ibet. Hall and Sweeny and they bare much to say against have oot beea prosecuted Mr O'Ooncy then spots of it's Interest be bal tekea In this matter, and said he bad found ?'?thing to ad his UvMUgaliont lo show that Mayor Bail It A VBLOAB THIEF) further be believed If there was anything again St Hall hs gvould *01 flv I fsel conndmt of this, and be can do proas ruled at lei.ure. f believe, however, that Tweed and Lop io.lv would fly from Juetloe. We deem oureelvee Juatlfled In "leg all w# have done regarding Tweed end Connolly. f .'Dti dly was the dlreoi pAymaetdT of all the c ty aocountA lit waa head of tbe Kinase* I?eysnmrnt, lit was In constant ?itsndaiic* at the Kinanoe Department. lie was the first signer u 1 Ibe Mayor based his signature on that Of the Comp troller The May"r. finding th' Comptroller bed signed, we* me huslntse of J .si i fled in believing the account correct. An II Latins t blii was dons Id Mr Col a al ly's o?e*. fit was en ?near**! acoouatank *t aecutlons bad lain still and allowed Conn'l,ly By, they'vouhl bare themselves been guilty of aa great a crime. Connolly wae. In fact, the man who wae responsible for all these robbene*, therefore Connolly When paner* were made out against Tw?d there was a cautious omission to *ay one word against Connolly. Tn omission referred to by the rounsel was b? was not at the time or the arrest of Tweed contemplated to arreal Connolly until the day helore the arrest or Con nolly (Ireen was simple Connolly's deputy, subject to dismlaead at anr time. Connolly, peraap. to screen blat self, had ooneenfd to bre.k^^ osinirfiiiififf New York finances by appointing Green bli remit? built wu not known bow loaf to# would maintain I t 'le hmaohu Of course, the Feci ham affidavit 1. bese.l on in 'rotation and be.lef; but It refers to otner Affidavits which sirs this proof. These aihdaelia warrant the bailef that Con Solly is guilty. At all eeeuts, be le guilty of arose official neglect. There Is on the very face of these bill* the plainest eeldence ot fraud. The affidavits required to be anneiea to the bills were not annexed. Now as to in formation. Now as to lnlortnstlon which is charged as being general and not specihc. The fraud* were charged[; a com mittee wa* appointed to Investigate the charge. I hey went to Mr. Connolly, and he s*l near to these very vouchers they were not In use; tbey were filed away. What did he do I In stead of placing them in their bauds he asked for time uultl Ibe following Monday. Wili.iam A. Bkaoh?Where Is the proof or this? Mr. U'Conwr -I think It would be sufficient tf I *atd Mr. Connolly doe* not deny It. Mr. Bkaoh- Mr. Connolly doe* deny It Mr. (VCosOR Let u* ?ee ;und, turning to the testimony, rea l the statement showing when the vouchers had been stolen). Mr. BCACH?I asked for testimony ihowinc that Mr. Con nolly a?ked for a delay. Mr. O'Conor?The committee ea.led on Mr. Connolly and asked bim to deliver the vouchers. They were not delivered. The Ssbbalh mtervened-a day for good at well as oad deeds?and on Monday the voucher* were found to he miss ing. On Saturday Mr. Uresis was appointed. Do you not se' the extremity to which lie was reduced He was told to make an appointment, and he does so. Bul by Mondav morning, before Mr. Oreen could enter upon the discharge of his duties, the papers were stolen. Connolly knew il he re mained in office and delivered the vouchers he was rutned. Hence TH* VOUCH*?* MtTBT l)K 1>K6TR0TE1\ 1 have no doubt a consultation with Tweed showed the dan-sr there was In preserving the vouchers. Connolly Is shrewd. Tweed Is a bold, daring, not learned, dashing lel low, and It is i.ot difficult to Imagine how tbey weuld man age an alTatr like this. These are circumstances of such con trol ling influence as to be pertectly monstrous to allow him to flee It would oe a lasting disgrace upon our Judges and Courts. Mr. O'Conor then took up the affidavit ot 8. (1. Courtney and Connolly. He said he could not bnd in il a ?ingle word stating that he Is unable to give ball. llTr. Br.At'U read fr. m the affidavit of Connolly that he was held In jail because be was unable to give the ball required. Mr O'CONOR did not look un-m this declaration as one that he was uuahl# to give ball. I le looked upon It aa an evasion. He Is In jail because ha la charged with offences. Ibis declaration was put In the affidavit to work upon the sympa thies of if our Honor. Mr. OotaTNK*?Well, we have been two week* trying to ^Mrfo'COKOB?A good many things hare been tried two week's and longer. Connolly is a man lu good, sound health. Many poor In debt ba.e eulfered a more severe Impilson ment; but the question now Is, whether there is reasonable ground for believing him guilty. If so, ft is entirely proper to hold him for trial. As to me denial, Mr. O'Conor ret erred to Connolly's reply to the affidavit of Peckham in a joking manner, and said it was entirely unnecessary for a man to make oath to a joke. Connolly aays be did uot do everylblug about the office, ewrep nor scrub. He also aays he never scrutinised the accounts. Mr. O'Conor then criti cised the affidavit, line by line and word by word, and pro nounced the denials too general and T0<> INSIONtt 10ANT rOK NOTICK. The mere declaration that there It no evidence Is not a declaration of not guilty. II Is like the old verdict In civil suits, "Not proven He says thers Is ro proof of his par ticipating In this money stolen Ite dors not say loat he did not participate In tb -division of the money received. Now, that is the way this denial U mads by Couuolly o! par ticipating In this $11,010,POO. Mr. O'Conor pursued this criticism to some tengtb to show there was not sufficient uenial contained In hi* affidavit to secure attention. He regarded the affidavit so weak that it would be Impossible to convict bun of perjury on a single point, even If evrrv averment In the complaint was true. He believed HI* Honor could not but regard this affidavit as evasive and unworthy or consideration. He thought Ills Honor should postpone the hearing ot this case a week. He ougbl to appoint a releree lu New lurk to lake all the evidence possible In the rase. There would he uo hardship ?leant tbut of keeping Connolly In Jail, nnd that lor another week, and the only hardship In this was perhaps that he could not take exercise either on loot or horseback, and thcr? Is no evidence of his erer having taken any sucb exercise. It would alford u? great pleasure to have this Investigation made now. It is certain Rich ard B. Connolly went luto the Comptroller a office a few years since a poor man, hut now he is worth millions. How did he become possessed ol tills enormous wealth) Mr. O'Conor again referred to the pleas of Con nolly. He was acting under the advice of Mayor Halt and CORPORATION OOUNSf I. O'OOBMAN, and criticised that claim. The Comptroller was made by law one Ir. Wench. William A. Bfach followed, saying he had no inch in terest in the outside matters connei ted with this case which counsel od the oluer side have. tin Interest was centred In his client. Who was suffering from his inabiiity to furnish the bail demanded, and notwithstanding tbs t neers and Jeers i of counsel the defendant wax suffering In Jail simply from Ibis reason; that he Is unable to prodnco Ibe amount of i ball. It Is asked that a cltlx.-n who has heretofore enjoyed some reputation shall linger In prison until Ins persecutors shall be satisfied. Counsel chooses to consider the liability I Ivlnc against Mayor Hall id this caae as merely technical, and yet, If more than technical, there Is no dsngerof his leaving the city. Where Is the dillrrence belween the positions I fn wiilrti Connolly and Hall are placed. Mr. Beach then oro- seeded to examine tbo law Instituting the Board of Audit, to consist of Msyor Hall, Comptroller Connolly and Tweed. It Is denied that Mayor Hall was the head of this Board of Audit, or authorised to ait as Its head. The ormnsel knows Msyor Hall, and undoubtedly esteems him bl-hly. Mayor Had undoubtedly exercise a control over that Board. The Comptroller, without doubt, deferred to his Judgment; but aave the proof of this in th? resolution offered by Hall, adorted. The cuuhse! gaM'.hal i,i?4rtbe!e.gC(Uiuoiij uld be held In an undiminished ball for neglect of duly. 'omptroll we nave t and i should 1 11 is determined that MAYOR HALL, THE OISTINOriSHKT) SOCIALIST, the convivial 1st, the refined exquisite shall go free?he who wss the prime mover In this work?while the Comptroller ?hall remain In jail. Counsel, with great gravity, aald that Connolly aat In hand-sbaUn? distance In a private room from Wntson lb# great concoctor of these schemes. Counsel, too, he said, had traced through Woodward the disposition of Iwo-lhirds of Ibis money, bul he failed 10 trace any ol It to my client. 11# also attempts to fix complicity In the burglary of the vouch, era on Connolly; but he argued from entirely false premises. The criticism upon the affidavit on thta point was remarkable anil unheard or. We come here In oppoaillon to the moving 1 papers. We say the papers are unfounded In law and con tradicted by the lacts. Compare the two papers-Connolly's affidavit with that of Beckham's?and I am aure the former will suffer none from the comparison so far as generality Is concerned. Really, these crtltnUms on the form of Connolly's affidavit were unkind as well as un founded. Connolly, Instead of evading the charge* or alle gations, ulstincilv disavows and denies them all and sever ally Mr. Beach aald he had drawn the affidavit himself, with that of Feck bam before bim. He Intended it es a rtJl.L ANI> BAT1IH ACTOHY ANSWER. It was simply a response to the morning papers. Connolly denies all the allegations which are material to this case or to himself. I do nut suppose that the gentlemen represented I her-liars established a bureau of correction In New York who will take It upon themselves to procure the Incarcera- tion of any clllreus of the (Stale whom tbey may choose to select. 1 do not believe the Attorney Central will consider this to be his duty. The papers beloie Your Honor show no cause of action j against the defendant. Fraud on Ihc part of Cnunoliv It as serted on information nnd belief based on his being In a secluded room. Counsel surt vouchers were destroyed be cause they would prove ruinous, and yet counsel produces tome of thcxe very fatal vouchers left In the depart- i ment. How did it happen that Connolly did not remove ihese vouchers? '1 hat is not an evasive statement. It proves that j Connolly's relirement was for the purpose of aiding these gentlemen In the'r Investigations. Vet counsel aav that Connolly said to Tweed It these vouchers are found we are lost. Why, air, Is the question of our rlgtits to our liberty to be settled In this tvay by the KAISOT IMAOININI.B OF TUSTINOCIRUrD COCNBltt. I know, when a eeclleman like the Deputy Attorney Cen eral aprears before a Judge, extra Judicial attention is given to hlm. I have ?een the Jiidietary or New ork go down under oibcr Influences, but In this Court I expect nothing of the kln l. I have luo right to demand here equal connJera- I liou for ray client, we have the righi to claim that our client It not about to fly. an I we have the right to demand thai you shall decide upon the affidavit# belore you whether j there ts any warrant for be.ief even tbst Connolly had any complicity in these iraud*. Couuiiel says the stolen money was traced to Tweed and other unknown partlea. Unknown I parth a- who are ti.sjrV Is Connolly one of ibem? le there any proof that he Is? Who hat seen any such proof! 1 must j say under the bitterness with which Connolly hat been pros- i ec't-d, we have one of the moat far-fetched argtt- tuta ever beard. The only pretence of claim tbey make It that Connolly was negligent, that these bills were eo obviously fra nluient that lliey could bs easily dtiectej. Now, here may be a question of law for consideration on the part of Your Honor. Counsel here pro rcdeu to tiste the provisions of the law relative to the au diting and paying of bllis, maintain ng that the Comptroller on'y acted ministerially; that he wa# obliged to pay bills attsr c,-m'ng from the Board of Audit. Now the qutttwn Is net whether this was law, but WDKTUKR CONNOLLY WAS .'CSTIflHl) In bellev'tg It to be law. Ha was Instructed by bis offic'al advisor that he bad no right to review these bilj after they baJ rtme trom the Board of Au Mb There Is no dispute as to the non-exsmination or these bills on the part of the Comptro.ier, They say be did not, and we do not say that he did. bul ws say tnal It would make uo difference wb-iner he did examine tkem or net; be was obliged to cay ibem. nenues, it would bs Impoxsible for Ibis, as it Is lbs case with a.l our beads ol departments, to examine all tbs dstalis of the unslnsss In his charge, and If our right and crifhege# are to be neld by such a frail tenure at a mere de linquency in ever looking details than the lime has come for TURN ACTION on the part of tbe people. Couniel proceeded at conaldem Me length to argue tfcal Connolly coulJ nut be held responsi ble for paring tneee bllie, Inasmuch a* he wae elmpfy c:? charging tale duty u be underetood It, and as be had been advised wee hie duty. He cited ceeee to ebow tbet even the Heard of Audit wee rietnpt frcm proeecutloe for error of judgment. Haeeiag on, he eeld be bed given much attention to oeeeeof thle ?'nd, end be dec'ared ootitlrely tbet Till riOPLK or T'.lt el ATI B AO NO KIOIIT to bring tb!e action. What I tbe Attorney Oeneral of tbe Stat* bringing en action to recover money from tbe ccunir of Hew York? When that can be dene then we bare no rlgbte or privilege!, or poeseteloat worth guarding. Couitel ibea cited and etc lalned eereral caaet sustaining tb!a posi tion. ih.e action la brougnt to recover certain moneys, brought by the law odleer ot tbe State. Who die tbla m W.J it go into the City or Into tbe State treasury T Thle proceeding ?bould be looked at In Its fill beanr.7 Ills eeld In eicuee for this proceeding vbat thle u aa enri ordinary cane; that the progress or ibe governmant la threatened. This le not so; there It no stoppage of the wheel* of government nor any danger ol It. It it money that 1* toucan It 1? not to prevent any stoppage or upheaval, but money Uet is warned. U tbouid bg borne tn mind that the** suit* are brought, not be the people ol the State, but by the A tt or iter 'b* peoPle ?J the Slate hare never authorised these suits to be brought. The Attornejr General la the Zt .L. V !LPpped 'n bere or bla own tollllon in l bS it i ?"its, throwing men Into (all tinder enormous bail He rx: phf.,,hvsa the power which represent! the people 7 Where huM^hl rf'A tt.^VTr tTTA&Si eSS*^ greater than that of the people iheinUlve? 2 power to control the reeult of elections and lnvi2?. ft! iA.I. bemuHbe wit and ponUh^^o'Jrt?^ Etaw'^ onhvM?i!rl!lL0IihLOR. "J?0000? SVr? pro AUorneyUn^TffidaVt? mlkeTa'tgiH," to let it aland or fall, al,d ,llerB wg content tnin, in reply. Aa to tbeae mon^a the TO ,om# and Commonality of New VnTk.V _ r?'or? Aldermen Sp^See?S??ffS?& of whM WooMmJ? ?"1fohoSd,^,"W3.5dtaf?e P-fffon proceeded to ri'Deat bia aroumiini mnHa ?l. proceeded to repeat bM atiumentVnadStaSE1 AUorney'Oeoeral? haa* au^ruT "gument here cloaeJand the Judge took the papera. T?e A 111 tin vita. ?Tw ?^Z-oZ'ibZT'' o/ a^^B t?hf Klcllard H- Connnl'r and Samuel U Co'urb ~.A?,a ?f l.h.\ pnpm on wlllcl1 order or erreet wm granted. Het the plaintiff or the Attorney General of ThJ State of hew York ahovr cause before this tTourt al Kneel d Term thercot, to be uelrt at the chambers of Wfiii.m y lM?rnfd',m li>e fR:.or A'bH"y. o>> Hth day it December'" ?i\i i" Pn. T wh7 "lc order of arrest heroin should not be vacated, or why the amount of bail reuulrod h? th? order of arrest herein should not be reduced or wbv a. eh other or further order ahmild not i,.. ra.,i? i. '.2. wtly ?uc" other or further order should SoU?3W, Jfe* LIZ propeV^wTh'S i'ibu nnu mrre se-rn proper, with nri le^eii ol ser?ioc addftioual papers on or before the 7th inat Dkokmbfk 5J1871," L'tAKin P v.* two hunarel fitty snbordl fn r 1whom. *ds an auditor duly appointed In obedlenee to law, whose duty It was to enmlnc all cla ms and account! presented to tbe ComptroUer's IteiartmenL and to au.ltt and allow or reject Iho same; tSt It wi Jti.eh 7 '"possible that this deponent should personal'y discharge all tbe duties of bla said olhce. anif for that k ra* Pr?r'l'rd by law that he should be aided by bis said subordinates, and this dei onent ohliged to confide the performanee of the details of I In a 1? tthelr d"'K?:lcc and fidelity, and he insists that In so doin? he wsa not unfaithful to his oliclal trust but waa obedient to the scheme upon wblco the department'was "r?"ce.d J:* an properly aia,Tea bTm i rSJikf. Insjrumentall'lei it furnished; and this deponent i.Iuin1 TV 'i S acc',",1,, #'"1 claims chargeii In tie pro r ?2br. ?abe uniounded and fraudulent, came to i this deponent apparently arid as this deponent believed, regularly certified and nudited by the Board of huperyisors of the county of New Torlt, ami were referred to the aald Auditor under this depone,n and wera afterward presented by 1,1m to this deponji ZfJ approved and with his certlflce of approval endomed^ n't ii?L* det)?nent? under the advice hereinafter slated' and without any examination of Mid claims, approved tha same In connection with lilt associates In i\. n 2 of Audit, and as Comptroller^ P.T-J tb? sam??Ved oording to the mode provided bv law i?. in' 9C" ponent furtuer says tbat lt U tr57' thB? a. de tliat work bad been done and was Lc dnn* tbe "new County Court House," and ihft ?2S?V?p011 know'edPewei7ijf'11? furnUl?.-ri therefor; but thaTsuch kuowled^e waa of the most general characttr and nf limiii^a ?itent, derived only from casual obtervathmi is ttua di^ hent passed to end frym hi. ofBc-. That t ^>1 t? K I this depodent knew or was advlse l of the worv 1, at said Court House, or of the furniture or sumdmT AaS! for or to the same, nor 1. true hit tSire S' every or' reason to believe that this depn.ient had co^' .L ual "PPOrtubit'e* during the time stated In the affidavit of gM rtnkham to know or Z mtXnJ^'sf^-. ThJfi l'i" fieconent wa, not an? I. not a facL Tilo'fhl. i affidavit of said feekh.ra discloaes that iact. Tnut dcitoncot was not And t* 1 in furnilnre or supplies, H. D.aidM.fll, dosaa. That tbe work done on saldCourtUouie was very complicsued and expensive and slid in?, ture and supplies nece^snly large, and ft must have been apparent to ?ny unprejudiced and candid gentleman that a person lite this deponent, of the au iiiVi#*# ami business hahit. state I In feckham'sTiliday t c'm j no? hare known ami been advised of the extent and value u wlj IL'ili tt fnrn.u1,lre an,i 'til'DlIrs without long and spec'al m. vest gallon aad InstrucUon which tin. deponent never mm-m ffc..11*0.' *nd wU',oh i,not charged hy aada-iidli;, u"J this deponent further atys that it u .Aud as stated In aaid affidavit that (bis deponent psactlca'llv Jlih* drew from his said Conirollershlp by the anuoVtJn.r..I.r 1th" drew H. Green as his deputy, on the contrarv this denon i ttn.x,stnia,? er.:;7u?H of city affairs and finance, ind to ft further.av. that he not .wTrS oMh, "matmrs o? v 'eii notoriety and of "apparently universal hellei'' refsrrf I m in aald affidavit, but m quite ready to admlL a, .aid affidavit nroof o' n l' ,Vh,ey Uare Pr'^"ly not "'^UW, of dlj^l proof. But this deponent denies, that be anDitntad ?aid Green or tendered bis resignation noder th.P. STpA^n' tt'^'d'a'rnf CSefpUmb2r ^',d a^5Q.fe"? Rove?,r?0t187ln'Tha?'\h7''f.yarOf "'New^'Vo1,^ iUod ^ro'rTl erring" upon tlo?dnr u d*p"K,nl w" by express ?law to do, was an abdication by (hit deponent ni \o.\.? threatened to appoint his successor anil did tender siiei?^!,* pnlntment to General Meridian. That daponant i fiP" affidavit ^{f? .add 'peekham? ffiS' 'D ?^,.'ndd.p^ ?s a measure due to th adml>t.-d as 'afomaa d were not examined on their merits for ti e reianl^ n 1 (hirporatlon Counsel, by wrl-.cn opinion adrised thii'Ii. nent ia relation to the effector an audit by the liurTor bupervisors, a. appear. In the following correapind.n"^ vi n Couprn'n.LEn i) On in* Oft in iw?t Dia. nIJ* I ,?'1U ,u>,AV' Oo"n??1 the tiorioriln Pd?on'rer?v fha7 if'ri'?"1! ,0a n'* correct, under lbs authority"f for the county, but wMch harTfilled of Pavment?I,l d?n9 there was 00 apj.mpi latlou to pay the mm as ihiS rr J5?7&,???.j-.4z? wxrZn: K 'rL"V"pI. orS""?, u? Com,trollw sum. as may be #ece...ryTo, thl ZrL J,Z,e"ULl7 ,',ch meat, Judtmenlsor acjo.^i claims." I unlsrsten courtsTiavs bed the laagr.af. of thla s.rV, S 2 !hal ,he Kr?e?Vc'?*na^ oVS'uVsteWVbt^urei sgaln't the eoutlr are 10 be "adjusted 7" i Tf ii claim"!! "ftd;usls49' uD?1tf Idp Autborltv of th#> R ,ir 1 ft# J claim is bavi I th. legal nght .0 refu.i' to rw.'. Xbt m^WvTr^: same under the provision! of law above cited 7 I hall lei honor to remain, yours refpecifuily, have ins lucilAHD b. ctfk.NCLLV, Comptroller. Cxtt ok Niw Tokk, Law Dipaktmknt, j OrricK or thk Cock?>.l to thk traroiiATioa.) Oct. S3, 1'ttS. J Hob. KicitaKP B. Ooi?i?oi.i.t, Comytrol.er:? Of in Kit -la bare rece'.rea your latter of Ootober 15?, la which you atata thale that tundra bilit incurred during ?fatal ;ta'i bare bees prelected to you for aetUe meat, puracant to lbs proeial.La of tba lax !e?y ot lchrt, aa>i tnete bl'.la are duly certr.ed to you aa oorreet, under the authority of tba Board of Kuperrlaora, au l coma to you Id tba form of edjutied claim*. On th.a ?lata of facia you aak my opml on. Kirat?Whether tbe Board of Buperrlaora a tbe authority ua.lar whoae direction calmi aia.uai the county are to be admitted, and, aecoad If a claim la adjuatad on :er ibe authority of tna Board of Snparriaort, hare you tba legal right to refute to raiae tbe money to ray vbe tame uuuer tbe proriatoni ol tbe law abort e'ted' In anawer to the firat I'ltailoa, It la my opinion tnat tba Board n( Superrlaora It the proper authority tc adj.itt u.auna agamat tba county for wi.rK d l to rompel yon to adjuat and aettle the calm. This deciaton waa tn aeeordance with vari on. adjintuc'lance, with varlou. adjudged caaea, which word presented lo the Court on the adjournment, Toura truly, RICHARD O'UORMAN, t'ounael to the (orporatlon. And tlna deponent further aara: that he waa also advised in aid atance by the aaid Mnyor, who waa an experienced and prominent lawyer then in full practice, that said claims havine been apposed and sivlted hy tbs said Board of Fuperrlaora, the said Hoard of Audit bad no power to reconsider the same upon theU menti. no I that the onlv duty of aaid Board la relation thereto waa to paaa them with the otlicial forma pre liminary to their payment, all which advice, both trom aaid Corporation Counac: and Mayor, thla defendant believed and acted upon. And the aaid Mayor drafted anu offered the revolution vet torth In the complaint against WiUtam M. Tweed and others In the following words Revolved, That the County Auditor collect trom the appropriate commltteea of the Board of buper y Ivors all bills and liabilities against the county Incurred prior to April SC. 1870, and amounts now due thereon; that the evidence of the same be the authorization for the same by the aaid Board, or IU ap propriate commltteea, on certificate of Clerk or President, and that thereupon the aatd County Auditor aones the .voucher to the appropriate blanks for our signature, as directed bv the section aforesaid, sad payment. And this deponent further says that as he Is advised by counsel and believes the allegations in folios 44 and 45 in aaid complaint relating to the obligations and means of payment of tba bonds therein mentioned are mistaken ana erroneous; that, aa he la advised by bis counsel and believes, the Corporation of the ofty of New York having, through its appropriate officers, and under the authority, and according to the forma of law, Issued said bonds, and negotiated them lo bono holders, and received through Its officers the avails thereof, is legally bound to their redem Uon. Agp that the people of the State of New York as a body politio or otherwise, are under no legal or moral obligations to pay said bonds, and have no legal firlvity with the contract to create, ana have no legal right it Institute or maintain any suit or proceeding In relation theieto. Tula poncut; but'he avers and states that so far as he has any knowledge or Iniormatlon. all raid allegations relative lo the action lu st luted bv the Coruoratlon Counsel against tlila deponent, and relative to the motives and purposes of the Mayor and of said Corporation Counsel, aud as to the future prosecution of such action, and ax to the faith and intent with which the same was commenced, and has been aud will be conducted are each aud all ot them acundulous. And this deponent is now eubjectrd to an action in the name of the Mayor, Aldermen and Commonalty of the City of New York, and to an. ther action in the name or tba said Hoard of Supervisors, aud to this action for the same cause and none other, and he Is now In strict confinement In the common jail under the order of arrest made iu this actios, because of h s inability to furnish the extraordinary amount of ball-demanded to the sum of $.isl,U00.00U?and thla without the slightest proof, as this deponent avers, of a single fact or circumstance implicating this deponant with any criminal or fraudulent purpose connected with the audit or payment of the said claims, and without the sligbtcal evidence that he, to any extent, par ticipate In any disposition made of the money received thereupon. And this deponent avers chat be did not particlpats therein?that he believed aud acted upon the advice as aforesaid received from bis official adviser, the Corporation Counsel, and from bis official superior, the Mayor of said city. Tnls deponent denies all knowledge of the facts alleged In the several affidavits attached to the complaiut, so far as the same are material 10 thli action or to this de ponent, and protests that the same are irrelevant theieto. And ueponent further saya that he has no know ledge of the facts stated In said complaint in t'ollo twenty, and the succeeding folios to foilo forty-one, and therefore denies tbs same, except that he believes them to be true so far as tbey are founded on entries In the books of the Comptroller's Department, ana he believes Joseph B. Young to have been clerk of said Board of Supervisors, and Albert C. Woodward to have been his assistant. And this deponent further saps that Uc is not inlormed of and has no knowledge of the circumstances referred to in the said affidavit of the said Beck ham, upon which he avows bis conviction that this dcopnent would immediately abscond from the United States If lie should learn or suspect before his actual arrest that any measure of a legal character were being taken against him; hut this deponent charges and aver* trial whatever the cir cumstances may be to which the said affidavit alludes, they are falnclous that this deponent never contemplated absconding from the United States under any cir cumstances. and this deponent avers and charge* that the sa o ars sis?*?$??? smallpox i3 reported, an inspector is tmtnspector estimates that the c?3* #>mniovmir teu ptiysiciaus in vatoioatluk iJUE phasing material, would bo annul $20,000 per ycur, and lie Is Impressed with the bctiel that"r*,ea I A# 111o miiLuer demunds such work, letter lay case was reported as having occurrey whom the lniaut was so brulaliy murdered, and special efforts are being made to find the parents of the child. As yet, how ever, the police have not tho least clue upon which to work, and possibly may be unable to llnd any. It is suspected b. many that the Infant had been In the hands of medica'. students for acluutlUc pur pose*