www * In the Matter of the Investigation of certain charges against ♦ : Hon. WM. B. SMITH, Mayor, BY I'RESENTED TO COMMON COUNCIL, SEPTEMBER 13th. 1886. r ■ M ^ PHILADELPHIA: 1)1 NT.AP & CI>ARKE, PRINTERS AND BINDERS, 819-21 FILBERT STREET. 1880. It ;^ . A. j ^.. j^. M. :x. M A COMMITTEE OF COMMON COUNCIL. TESTI MON Y j^cpopt of the Gommittee. J diawu tioia Crerai Librarr AT URBANA-CHAMPAIGN 352 o 07481 P537i In the Matter of the Investigation of certain charges against Hon. WM. B. SMITH, Mayor, BY A COMMITTEE OF COMMON COUNCIL. DuNLAP & Clarke, Printers and Binders, 819-21 Filbert St., Pliilada. C ,C Jc C f < -C t ct-0 £ etc C c ck ccc c SELECT COUNCIL CHAMBER. Philadelphia, September 4, 1886. The Committee assembled at 10 o'clock A. M., this day, September 4, 1886, in the Chamber of Select Council. Present : — Mr. Roberts in the Chair ; Mr. Eckstein, Clerk, and the following members of the Committee — Messrs. Ed- wards, Bardsley, Iseminger, Claridge, Clay, Reinstine, and Lawrence, President of Common Council : of Counsel — Mr. Warwick, the City Solicitor ; as representing the Mayor — Messrs Earle, Brightly, Ruddiman, and White. THE PRELIMINARY PROCEEDINGS. ]\Ir. Roberts (Chairman) : The Clerk will read the resolu- tion under which the Committee are acting. Mr. Eckstein (the Clerk), here read the resolution, as fol- lows : RESOLUTION To appoint a Committee to investigate accusations against Hon. William B. Smith, Mayor of Philadelphia, and the Management of the Department under him. Whereas, Honorable William B. Smith, Mayor of Phila- delphia, has been openly and publicly accused of high crimes and misdemeanors in office, by the embezzlement and misuse of public moneys which have come into his hands, and with unlawfully changing and so altering checks drawn to the order of the City Treasurer, in payment of fees due the City of drawn from Crerar Ubrar v 4 Philadelphia, as to be enabled to deposit such checks in a private banking institution to his account, and unlawfully retain, embezzle, and misuse the moneys realized therefrom, and of other acts and deeds inconsistent with the high office of Mayor and the proper management of the department under him, the same being in violation of the laws and ordinances governing and regulating the affairs of the City of Philadel- phia. Therefore, Resolved^ By the Common Council of the City of Philadel- phia, that a Committee of seven members be appointed to investigate the aforesaid accusations, with full power and authority to send for persons, papers, books, and documents in the hands and possession of whomsoever the same may be, and the production and examination thereof before the Com- mittee to compel and require. The Committee in discharge of their duties to exercise all the powers conferred by the Act of Assembly approved 17th day of May, A. D. 1883, entitled "An Act authorizing Councils in cities of the first class to issue subpoenas and take the testimony of witnesses concerning the management and accounts of any of the Departments of said City, or any other matter which may be subject to their supervision, also providing for the compulsory production of books and papers, and a mode of compelling the attendance of witnesses by attachment for contempt, and authorizing and defining the punishment therefor." And the said Committee are hereby instructed and directed to make report to Common Council, at a special meeting to be held Thursday next (Sep- tember 9th), at three o'clock P. M., as to the truth or falsity of such accusations. And if the truth of such accusations be established by the facts and proofs exhibited before said Com- mittee, that their report be accompanied by articles of impeach- ment against Hon. William B. Smith, Mayor of Philadelphia. For the better discharge of their duties the Committee are hereby empowered to employ a stenographer. 5 Resolved^ That the City Solicitor be, and he is, hereby- requested and directed to attend all meetings of the said Com- mittee, that all the rights of the Committee may be exercised and the interests of the City of Philadelphia protected. Mr. Roberts, Chairman (addressing Mr. Johnson, the Mes- senger of the Committee) : Mr. Johnson, did you serve the subpoenas as ordered by the Committee ? Mr. Johnson : Yes, sir. (The Clerk of the Committee here reads the list of the wit- nesses ordered to be subpoenaed by the Committee, and as their names are called those of the witnesses present before the Committee answer to their names.) Mr. Roberts, Chairman : Is the notary present ? Mr. Eckstein, the Clerk : Yes, sir. (Mr. Charles White, a notary public, here appears as ready to perform the duty for w^hich he was selected, in the swearing of witnesses.) George W. Jolmson^ being duly sworn according to law, tes- tified as follows : Examination by Mr. Roberts, Chairman : Q. Certain of the gentlemen who Avere upon the list of wit- nesses to be subpoenaed are not present. Why are they not present ? A. Because some of them could not be found, and others of them were out of the city and couldn't be reached in the short time that was given. By Mr. Clay : Q. Have all responded who were subpoenaed ? A. All save one man, Mr. Garman. He told me that he would be right down. Every man that I saw personally has answered to his name except that one. 6 Mr. Bard si ey : In common with others, I have seen it stated in the papers that his Honor, the Mayor, has frequently said that the charges which the Clerk has just referred to were not true. It has always been customary, when Committees of Councils were investigating Departments of the City, to first hear from the party charged ; because, perhaps, his explana- tion may be entirely satisfactory, and save the time of the Committee as well as the time of the witnesses. Cases have occurred where the explanations were entirely satisfactory. In order that his Honor, the Mayor, may have an opportunity now, before we commence the examination of witnesses, I would suggest that you invite the gentlemen who represent his Honor to make any statements looking to the refutation of the charges that they in their judgment may deem propei". Mr. Roberts, Chairman: Is it the pleasure of the Com- mittee that the suggestion of Mr. Bardsley should be carried out? (Upon the question being put to the vote, it was agreed to by the Committee.) Mr. Roberts (Chairman): Are the counsel of the Mayor present ? Mr. Ruddiman : I am honored to be so engaged. I have the honor to appear, Avith others, as counsel for his Honor, the Mayor, and to present to you, at his request, in the first in- stance, a letter which I shall place in your hands, for the Com- mittee, to be presented through you. His Honor is not himself present, save by counsel, but will be present immediately upon any call at the instance of the Committee. He is of the opinion, as are his counsel, that this statement, just presented to the Committee, will be of material value in assisting the labors of the Committee, and I am very much indebted for the sugges- tion of the honorable member of the Committee, who has given me the opportunity of presenting this paper. I present it on behalf of his Honor, wdth the intention that it shall be read, and with the hope that it will aid the labors of the Committer, 7 ^nd with the assurance upon his part that he will be at your entire service at the demand of the Committee, at any moment, for any purpose, respecting your labors. Mr. Bardsley : I move that the paper just presented by counsel for the Mayor be read. Upon the question being put to a vote, it was agreed to. Whereupon the communication from his Honor, the Mayor, was read by the clerk, as follows : Office of the Mayor of the City of Philadelphia September 3, 1886. Charles Roberts, Esq., Chairman and Members of the Committee of Investigation, under Resolution of Common Council of September 2, 1886. Gentlemen : — I am this day in receipt of a communication from the Clerk of Common Council enclosing a copy of the resolution of Common Council appointing your Committee, and the names of the members thereof, with notice of a meeting to- morrow at 10 A. M. In the preamble to said resolution it is recited that as Mayor of tlie City of Philadelphia I have been openly and publicly accused of "high crimes and misdemeanors in office by the em- bezzlement and misuse of public moneys which have come into his hands, and with unlawfully changing and altering checks drawn to the order of the City Treasurer in payment of fees due the City of Philadelphia, so as to be enabled to deposit such checks in a private banking institution to his account, and unlawfully retain, embezzle and misuse the moneys realized therefrom." Such accusations, while heretofore discussed in public news- papers, have not been presented in any shape which it seemed proper for me to notice, but, coming from your Committee, I am now afforded an opportunity of replying which it gives me pleasure and relief to avail myself of. Therefore, out of re- 8 spect to your Committee and to the honorable body which you represent, and of which you are a part, I think it incumbent upon me, at this time, before you proceed with your labors, to lay before you a clear statement of my connection with any funds of the city of Philadelphia during the current year. The moneys which came into my office during this year amounted in the aggregate to $10,071.03, made up as follows : For coal oil licenses, wholesale, For retail oil licenses, . For theatrical licenses, . , For gunpowder licenses, For redemption of dogs, etc., For sale of cow, horse and wagon. For fines on Police officers, For pawnbrokers' licenses, issued For pawnbrokers' licenses, not yet granted, Total, " . $330 00 450 00 350 00 25 00 886 00' 15 75 14 28 2,700 00 5,300 00 $10,071 03 The first four items of the above account, being coal oil licenses (wholesale and retail), theatrical, and gunpowder licenses, amounting in the aggregate to $1,155.00, were paid directly to my Secretary, John L. Linton, by the parties ap- plying for the same. The money (except one hundred and fifty (150) dollars, paid to the City Treasurer on the day of its receipt, August 31, 1886) was in his charge (not mine) until the 27th of August, ultimo, when, in accordance with the opmion of the City Solicitor, I directed its payment into, the City Treasury. By contract entered into, and in pursuance of ordinances of the city between myself, as Mayor of the City of Philadelphia, and the Women's Branch of the Pennsylvania Society for the Prevention of Cruelty to Animals, it was agreed that all moneys for the redemption of dogs, etc., should be paid " ta such officer or officers as the Mayor of the said city may desig- nate." Under the same I designated Howard March, my 9 Chief Clerk, as the recipient of said money, and during this year there was paid to him the sum of $886.00 on said ac- count. After so designating him I knew nothing personally of its custody until it was paid into the City Treasury. I never had any personal control or custody of any of said monev, or of the two following items in his account — " Sale of cow, horse and wagon and fines from officers," amounting to $30.03, all of which were directly accounted for by him to the City Treasurer. As to the law relating to pawnbrokers, I have been guided by the advice of my counsel, Isaac H. Shields, Esq. The law which authorizes the Mayor to issue such licenses, directs him to require, as preliminary to the same, the filing of a bond, the depositing of a policy of insurance, and satisfactory evi- dence of the good moral character of the applicant. Until such necessary conditions are complied with, the Mayor is not obliged or authorized to issue a license, the money for which is made payable to the City Treasurer, and not to the Maj^or. It, however, had been the custom for the pawnbrokers on making their application and before any other steps were taken, to deposit their one hundred dollars with the Mayor's Secre- tary, subject, in each case, to the contingency as to whether the license would be finally granted or not. Upon the question as to whether such moneys could, in any sense, be considered ''public moneys in my hands " until all the preliminaries were perfected, I took the opinion of my counsel, Mr. Shields, and was advised by him that they were not the money of the City of Philadelphia until the license should be granted : that the Secretary could only receive them as the agent of the applicant, and that it would be his dut}^ to repay them to the applicant in the event of any subsequent refusal, for any valid reason, to grant the license. He further advised me that, in granting the license, it was my duty to im- mediately pay the money in each case to the City Treasury. Acting upon such advice, that they were not public moneys until the license was granted, I deposited such money in my 2 10 own name, in an account which I have had w^ith the Fidelity Insurance Trust and Safe Deposit Company for many years. This account was originally opened on December 8, 1880, and several years before my election as Mayor, in my name as " Treasurer." The reason for this was, that as I was entrusted with a great variety of funds from a number of societies in which I held official position, as well as from other sources apart from my business, though in some instances personal, and in amounts so small as not to justify separate accounts for each deposit, I thought it advisable and proper to open an account that could be easily distinguished from that connected with my business, and so did under the name of " William B. Smith, Treasurer." In one instance where the amount justi- fied it, I did have a separate account as " Trustee," and it was partially for that reason that I selected the new term " Treas- urer " for this general account. The sum of $48,095.71 has been deposited by me to that account during this year, of which but about $8,000 consisted of the license and fees in question. Not believing the money to be public money, and knowing full well my own financial ability to repay the same, I may have been careless in some instances in keeping my balances up, but I acted in good faith and with no intention of wronging the city, as is evidenced by my immediate payment of the whole amount into the City Treasury when so advised by the City Solicitor, upon the same day I received such advice. The sum of twenty-seven hundred (2,700) dollars in my above account for "Pawnbrokers' Licenses, issued," was paid into the City Treasury, in each instance, on the day the licenses were issued — the plan which I had previously followed without official or public criticism or complaint. If, therefore, according to the advice of my counsel, as I have above stated, the moneys which had thus come into my pos- session remained the property of the applicant, and did not in anywise constitute a part of the funds of the city until the transaction between the city and the applicant had become 11 wholly completed, it cannot fail to appear that in no sense, technically or otherwise, could I have been an embezzler or misuser, in the purport of the resolution adopted, of a cent of the money of the City of Philadelphia. In no respect and to no extent, I respectfully contend, can I be charged with the embezzlement or misuse of the moneys of any person or persons when, at the demand of such person, as at the direction of the City Solicitor, I was prepared at any moment either to pay back to the person or over to the city any and all amounts in my hands. I desire now to respectfully call your attention to what I may call the second of the charges meant to be formulated against me in the resolution providing for your appointment, that is to say, "with unlawfully changing and altering checks drawn to the order of the City Treasurer in payment of fees due the City of Philadelphia, so as to be enabled to deposit such checks in a private banking institution to his account, and unlawfully retain, embezzle, and misuse the moneys real- ized therefrom." Concerning this alleged imputation I am able to submit to you a clear and positive denial of the charge itself, or of any- thing which may be meant to be inferred from it. No checks as stated were ever so altered by me or with my knowledge or consent. All checks endorsed by me were in every instance brought to me by my secretary, and the indorsement signed by me in the form in which they were first presented. I had no intercourse with the makers of the checks or the parties who brought them, and have no personal knowledge of what occurred between them and the secretary. I have now briefly and truthfully endeavored to present be- fore the Committee all the knowledge which I myself possess, and all the information which I have credibly received upon the subjects which seem to be the essential matter of your in- vestigation. I do not regret the constitution of your Com- mittee, or that the inquiry has been taken out of the region of irresponsible statement or publication. I do not fear, under 12 the direction of the calm, fair, and impartial consideration which this Committee will bestow upon the whole case, any result of your deliberations as affecting myself or my official conduct. If I have committed mistakes, that is a common weakness of humanity, but I affirm solemnly that no intent to commit a wrong has accompanied or been a part of them. Very respectfully, WILLIAM B. SMITH, Mayor. (Upon the conclusion of the reading of the foregoing com- munication from his Honor, the Mayor, Mr. Roberts (Chairman) : What is the pleasure of the Com- mittee with regard to that letter ? Mr. Clay: I move that the Clerk be directed to preserve this letter from his Honor the Mayor, as a part of the records of the Committee, so that we may have it any time for refer- euce. (The question being upon the motion of Mr. Clay, it was agreed to.) TESTIMONY. Solomon L. Linse. being duly affirmed according to law, tes- tified as follows : Examination by Mr. Roberts, Chairman : Q. What is your business ? A. I am a pawnbroker. Q. Whereabouts is your place of business ? A. 626 South street. Q. How long have you been in the business ? A. Nineteen or tAventy years in that neighborhood. Q. Did you procure a license in 1885 to conduct your business ? A. I did. 13 Q. How much did you pay for it ? A. One hundred dollars. Q. To whom did you pay that JlOO ? A. To the order of William B. Smith. Q. Did you pay in a check ? A. I did. Q. It was not in money ? A. It was a check. Q. Have you that check ? A. I have. Q. "Will you please present it ? A. Certainly. The witness here produces a check, which is read by the -clerk, as follows : "Philadelphia, Pa., January 9th, 188 If. No. 390. " Sixth National Bank. " Pay to the Order of William B. Smith, or order, One Hundred Dollars. "(Signed.) • SOLOMON L. LINSE." Q. What are the indorsements ? The clerk here reads the indorsements on the check, as follows : " It is indorsed ' William B. Smith. Deposit to the credit of William B. Smith, Treasurer.' " Q. Now, have you a license ? A. I have. Q. Please produce it. (The witness here produces a license.) Q. Have you any receipt for the payment of that money ? A. I have no other receipt but what you see (indicating papers). 14 By Mr. Clay : Q. What is the date of that license ? A. The 26th day of December, 1885. By Mr. Roberts, Chairman : Q. When did you comply with the conditions of the law as to insurance and bond ? A. I was not asked that question. I left my policy there. At the commencement, when I took out my license, I left my policy. Q. Do you mean when you paid the money? A. Yes, sir. Q. Do you mean that you left that insurance policy ? A. Yes, sir— in 1885. By Mr. Clay : Q. Did you leave the policy at the same time that you left the check ? A. In 1885 ? Q. Yes. A. I think I did. Mr. Roberts, Chairman : The Committee will desire to preserve these documents. You will please leave them. They will be kept safely and will be returned to you. By Mr. Roberts, Chairman : From whom did you get the license ? A. From the Clerk. I suppose his name is Linton. Q. Did you pay any more than the $100 fee ? A. I don't remember. Q. You don't remember paying anything more in 1885 ? A. No, sir. Q. Now, have you procured a license for 1886 ? A. I have. Q. How much did you pay for it ? A. $100. 15 Q. To whom did you pay that money ? A. To the same party I paid it to in 1885. Q. Did you pay it in money or in check ? A. In check. Q. Will you please produce it ? (The witness here produces a check, which is read by the Clerk, as follows : Philadelphia^ Pa.^ January 8th^ 1886. Sixth National Bank. Pay to William B. Smith, or Order, One Hundred Dollars. (Signed), SOLOMON L. LINSE." Endorsed " William B. Smith. Deposit to the credit of William B. Smith, Treasurer." Q. Have you any license for the present year ? A. I have. Q. Please produce it. (Tlie witness here produces license.) Q. Have you any receipt for the money other than the license ? A. I always consider my check as a receipt snfficient. Q. When did you comply this year with the conditions of the insurance and the bond ? A. On the date of the issue of the license — the paying the money or the check ; the day that I paid the money I took an insurance in trust for William B. Smith, in the Firemen's Association, I think. Q. In January ? A. Yes, sir. Q. When did you get this license ? A. I received it a couple of weeks ago. I cannot tell the exact date. 16 Q. Did you pay anything else this year than the $100 ? A. That is all we were required to pay. Q. Is that all you did pay ? A. That is all I paid. By Mr. Clay : Q. The law prescribes that upon application for your licenses you shall file testimonials as to character and a policy 'of insurance and a bond? A. Yes, sir. Q. At the time of making your payment of $100 to the Mayor, was that payment accompanied with all the papers re- , quired, the bond and the policy of insurance and the testi- monials of character? A. The bond. Q. And the policy of insurance ? A. Yes, sir. Q. What about the testimonials of character ? A. I was not asked any question about them. Q. You were not asked to produce them ? A. No, sir. Q. Was that same form gone over in 1886 ? A. Yes, sir ; and since I have been a broker. Q. The license in 1885 was issued in December of that year ? A. Towards the latter end of the year. Q. You paid in January and received your license in De- cember ? A. No ; I did not say that I received the license. I re- ceived it in the following December after I paid it. Q. But I mean you paid in January 1885, and received your license in December 1885 ? A. Yes, sir. You have testified before the Committee that you have been engaged in this business for nineteen or twenty years ? A. Yes, sir. Q. Under the administration of Mayor King in what man- ner and form were your licenses issued ? A. In eight or ten days afterwards we always received our licenses. Q. In every insta?c.ce ? A. In every inst?.nce, under all preceding administrations. Q. Under Mayors Stokeley and Fox ? A. Yes, sir ; it might have been eight or ten days, or three weeks at the i;tmost. Q. It was not until the administration of Mayor Smith that your licenses were witheld so long after your payments were made ? A. Not to my knowledge. By Mr. Lawrence : Q. Under the previous Mayors you received your licenses in the month of January ? ^ A. To the best of my knowledge and belief. Q. Within two or three weeks ? A. Yes, sir ; Lfter I paid the money. Q. During the yaf.r 1885, you did not have a license until the thirtieth day of December ? A. No, sir. Q. Are you aware of the fact that it is a misdemeanor to conduct your business without having a legal license ? A. But. I paid the money. Q. Did you consider the paying of the money as having a license '( A. I paid it to the person I always paid it to. Q. If you had been prosecuted for conducting your business without a license, do you suppose the fact of your having paid your money would have shielded you from the offence ? A. I thought so. 3 18 By Mr. Clay. Q. Were any reasons ever given you by any officers con- nected with the Mayor's Department for withholding your license in 1885 ? A. No, sir ; I never asked. Q. No reasons were ever given ? A. No, sir. Q. Was that the case in 1886 ? A. Do you mean were my reasons given ? Q. Yes. A. No. Q. In 1886 you deposited a policy of insurance in the name of William B. Smith ? A. In trust to William B. Smith. Q. What had been the custom under preceding Mayors ? A. Just to deposit the policy of insurance. Q. The selection of the company was left to your discretion under preceding Mayors ? A. Always. Q. The policies were yours ? A. Yes, sir. Q. The first instance when you were required to deliver a policy made out in any other manner was under Mayor Smith ? A. Yes, sir. Q. Did you present to the Mayor, or to any of his subordi- nates, a policy of insurance in your own name, this year ? A. My agent has done it for me. Q. Tell the Committee why your policy this year was made out in the name of William B. Smith, in trust ? A. He asked me for it — a gentleman they call Mr. Linton. Q. Did he refuse to accept it in any other manner ? A. He would not take it unless I would do it. Q. Did you offer it in any other way ? A. I did. 19 Q. In your own name ? A. I did. Q. And it was refused ? A. Well, he asked me, and I went up to the Firemen's Asso- ciation, and I got a policy, and they had it fixed in trust for William B. Smith. Q. You had ofiered a policy in you old manner of doing it, and it was refused, and then, as I understand you, they asked you to have a policy made out in the name of William B. Smith, in trust ? A. Those were the requirements this year ; and I consented to do it. Q. When you were requested this year to have a policy made out in the name of William B. Smith, in trust, did you have the policy so effected ? A. Yes, sir. Q. Did you do that, or did any one in the Mayor's office ? A. I done it. Q. Yourself? A. Myself. The Mayor didn't do any work for me at all, or the Mayor's clerk. By Mr. Claridge. Q. You presented your other policy, and that was not accepted — as I have understood you. A. You misunderstood me. I said that I was notified of the requirements this year, that I would have to have a policy to the order of William B. Smith, and rather than have any annoyance, or be put in any jeopardy in doing my business without a license, I did it in that way. By Mr. Roberts (Chairman). Q. But you had tendered your other policy ? A. At the time I tendered my money. Q. You tendered your usual kind of insurance, and were informed that the other requirement would have to be complied with? A. Yes, sir. 20 Samuel Nathayis^ being duly sworn according to law, testified as follows : Examination by Mr. Roberts, Chairman : Q. What is your business ? A. Pawnbroker. Q. Whereabouts is your place of business ? A. No. 247 North Ninth street. Q. How long have you been in business ? . A. Many, many years before the incorporation — before the consolidation — some thirty or forty, or probably fifty years. Q. Did you procure any license, for 1885, for conducting your business ? A. Yes, sir. Q. How much did you pay for it ? A. One hundred dollars. Q. To whom did you pay for it ? A. The Mayor's secretary, Mr. Linton. Q. How did you pay it ? A. In money. I always pay by money. Q. You did not pay by check ? A. No ; always by money. Q. Have you your license ? A. Yes, sir. Q. Please produce it ? (The witness here produces license.) Q. Did you take any receipt for this license A. No, sir. Q. When did you comply with the conditions regarding the insurance and the bond ? A. Well, at the same time I paid my money; on the 31st of December, 1884, for the license for 1885, 21 Q. That is, you anticipated the license for 1885 by paying for it in 1884? A. In consequence of my policy of insurance, in order to protect the depositors of the goods. Q. When did you obtain your license — when you paid your money ? A. No ; some time afterward. Q. How long afterward — a week or a month ? A. To tell you honestly, I never gave it any consideration ; but it was some time afterward. I cannot say how long. Q. Was it a longer time than under Mayor King, or Mayor Fox, or Mayor Stokley — longer than they used to keep you ? A. I think it was. Q. Now, with regard to the present year, 1886, have you procured a license for this year ? A. Yes, sir. Q. When did you pay for it ? A. On the 2d of January, 1886. On the 1st of January no one was there to receive the money. Q. It was a holiday ? A. I don't know whether it was a holiday. I presume that the 1st of January in 1885 may have come on a Sunday, but I am not positive. Before, I paid it on the 31st. I am always particular about paying my license on the day it is due, to hold my insurance good. Q. How did you pay that — in money or in check ? A. Always in money. Q. Have you that license with you ? A. Yes, sir. Q. Please produce it. (The witness here produces license.) Q. When did you get this license — how long ago ? A. I suppose — I think I got it in August, if I am not mis- taken. 22 Q. About a month ago, or less ? A. Yes, sir. By Mr. Lawrence: Q. As you paid in money, in notes, and not by check, how do you know that you paid on the 31st of December, 1884, for the license of 1885 ? A. I made the entry in my books. I am always my own book keeper. Q. Then you know it by your books ? A. Yes, sir. I entered it in the cash-book and in the ledger. I always keep my own books. I marked it on the license, and copied from them. By Mr. Clay : Q. You say you have been engaged in business for many years ? A. Yes, sir. Q. Under preceding Mayors how long, after license fee wa& paid and the requirements of the law complied with, did you receive your license ? A. A short time afterwards. Q. Almost immediately afterwards ? A. Say, for instance, probably ten days, or it might have been thirty days. I never gave it any consideration. I entered my bond and obtained my insurance, and paid my mone}^ and attended to my own business. When the license w^as ready they would send it up. My policy of insurance was invariably deposited at the Mayor's office. Q. Always in your own name ? A. Always in my own name. The last time I said to the major, " here is $30 ; won't you go to the corner of Sixth and Walnut streets and pay my insurance?" He said, " Do you require a receipt ?" and I said, " Oh, no ; it is all right ;" and I suppose that he paid it. Q. Was that during this year ? A. This year. 23 Q. Then, in the year 1886 you paid $100 license fee to Major Linton, and at the same time you gave him money with which to effect your insurance ? A. Thirty dollars. Q. How was it under the preceding Mayors ? A. I invariably paid my own insurance. I would go to the Mayor's office, and would say to Joe Marcer, I will trouble you for my policy of insurance," and I would get it and get it fixed. Q. HoAV did you come to depart from that rule in taking out your license this year, in asking Major Linton to effect your insurance ? A. I did not want to take the trouble to go to the Insurance Company. Q. Did you ask him to do it ? A. I asked him as a particular favor. He said, " Do you require a receipt?" and I said, "Oh, no." He done it to oblige me. Q. In the year 1885 your license was paid for on the thirty- first day of December ? A. Yes, sir. Q. And you did not receive it until the twentieth day of August, 1885 ? A. I presume so. It is there, (indicating the license). Q. Were you subjected to any annoyance by the police officials during that time ? A. None, whatever. Q. In 1886 you paid for your license on the 2d of January, 1886? A. Yes, sir. Q. And did not receive it until the 20th of August ? A. Yes, sir. Q. During that time was there any disposition on the part of the Police Department to annoy you ? 24 A. None at all. I always found them very correct. I have always been very friendly with them. The first license I had was in the Northern Liberties, under William Bruner, I guess it must be fifty odd years ago. I have never found any difficulty. If they did not send me my license at all I did not give it any consideration. I don't think the insurance is payable to the Mayor, and I certainly would have objected to it ; for I do business in my own name. By Mr. Bardsley : Q. Have you ever seen your policy of insurance for this year ? Do you know that there is one ? A. Not my own ; I have not seen. Q. But I am asking you whether you have seen your own ? A. No, sir. Q. Is there one ? A. I presume so. There must be. They must have it at the Mayor's Office. Q. But you don't know how it is drawn up ? A. I don't suppose the insurance would make any altera- tion, unless upon a written notice by me, or by my sanction. I certainly would object to it. Q. Did you pay Major Linton any fee for his services ? A. No, sir. But I will tell you one thing; from the time I have been in business, which has been many, many years, I have always made it a rule with them the same as with my clerks ; I invariably hand them five dollars for a New Year's present, without their asking any questions. Q. It is just a little kindness on your part? A. Yes, sir. And that is the reason why I told him I wanted him to do me a favor, and reciprocate by going over and getting my insurance for me. Q. Then you gave him $135 ? A. I paid him $130. The five dollars was for the New Year's present. It was unsolicited in any way. 25 Q. I am not calling you to task about that. You had a perfect right to do that. But you paid him $135 — $100 for the license, $30 for the re-insurance, and $5 for the New Year's present for Major Linton ? A. As I had always done under previous administrations. Q. And they never refused to take it ? A. No. They would be very foolish if they did. Q. Did it ever occur to you, that it was your duty to have possession of this license between January of this year, and August ? Did it ever occur to you that you were doing busi- ness without a license ? A. No sir. It never occured to me — anything of the kind. I took that for granted. Q. That it was all correct ? A. That it was all right. I entered my bond and I paid my insurance, according to law. Suppose my license would have been burned or destroyed, I always considered that my policy was safer in the Mayor's hands than it would be in my ■own fire-proof. I wouldn't keep a policy of insurance on my own stock of goods in my own fire poof. It would be safer in the Bank or wherever it was, or in the Mayor's hands. I con- sidered it more secure. Q. You thought that your payment of the money was suffi- cient ? A. Yes sir; and the entering of the bond. And every ordinary man would think so. Q. If any person in authority had come to you and said that you were not pursuing your business according to law, unless you could have shown him your license, what would jou have said ? A. I would have gone to the Mayor's Office and told him that I w^anted my license, and I suppose that I would have got it. I suppose I would have done that. But I have never given any consideration to it. I supposed that paying this money and entering the bond was the protection, all the same. 4 I 26 A. J. Mc Garry ^ being duly sworn according to law, testi- fied as follows : Examination by Mr. Roberts (Chairman). Q. What is your business? A. I am engaged in the pawnbroking business at the present time. I was formerly a tailor. Q. "Where is your place of business ? A. At the northeast corner of Fifth and Vine streets, and I am also a member of the firm of Harvey & McGarry, at the southeast corner of Sixth and Race streets. Q. For how long have you been in that business? A. Many years ago I was in the same business down town, but I started the pawnbroking business at Fifth and Vine streets in 1872. Q. Did you procure a license in 1885 ? A. I did. Q. How much did you pay for it ? A. One hundred dollars. Q. Did you pay in cash or check ? A. In check. Q. Have you that check ? A. I think I have. Q. Please produce it. (The witness here produces a check.) Q. Have you knowledge of the payments for both firms ? A. I can answer for both. I attend to the payments and get the licenses for both. (The check produced by the witness is here read by the Clerk of the Committee, as follows : 27 PJiiladelpMa, Pa., January 3, 1885. " Penn National Bank, pay to the order of the City Treasurer, or bearer, one hundred dollars. "(Signed) A. J. McGARRY. "Endorsed 'William B. Smith,' deposit to the credit of William B. Smith, Treasurer.") Q. Have you your license for last year ? A. Yes, sir. Q. Did you obtain any receipt when you paid the money ? A. No, sir. I never had a receipt in my life. Q. Is it not the practice to give receipts in this business ? A. No. sir. Q. When did you comply with the conditions of the law regarding bond and insurance ? A. The same day, I think ; Mr. Harvey signed my bondy and I did his. The same date we made the application we signed the bond. Q. The day you paid the money ? A. Yes, sir. Q. When did you get the licenses ? A. The latter part of December — somewhere between Christ- mas and New Years. Q. Have you procured a license for this year — 1886 ? A. No, sir. Q. You have not ? A. No, sir. Q. Have you paid for one ? A. Yes, sir. Q. How did you pay? A. By check. Q. Please produce the check. (The witness here produces a check, w^hich is read by the Clerk of the Committee, as follows) : 28 Philadelphia^ Pa.^ January 6, 1886. The National Bank of Northern Liberties, pay to William B. Smith, Treasurer, or order, one hundred dollars. (Signed) A. J. McGARRY. Endorsed — " Pay to deposit of William B. Smith, Treasurer." Q. I notice that this check (indicating check) has been al- tered since it was originally drawn. A. Yes, sir. Q. Did you do that ? A. No, sir. Q. Who did it ? A. I cannot tell. I made out the check at the office, and it was all complete to the order of the City Treasurer. I don't know anything about it afterwards. Q. How did it read when you left it at the Mayor's office ? Now^ it reads, "William B. Smith, Treasurer." A. This is one of the same kind, which should read, " pay to the City Treasurer;" but now it reads, " pay to William B. Smith, or bearer." Q. You swear that when you made and signed this check it read, ' ' pay to the City Treasurer, or order ?" A. Yes, sir. Q. It did not read, "Pay to William B. Smith, Treasurer, or order ?" A. No, sir. Q. Was it changed with your consent ? A. No, sir. I did not know anything about it until the check came back to me from bank. Q. It had been altered by some one in the mean time ? A. That is the way in which it was returned to me (indica- ting the check), and I cannot say anything more about it. 29 Q. How is it you have no license for this year ? A. I will explain it. The Mayor has not got my policy of insurance on deposit. The Mayor's Clerk positively refused to receive it, unless it was assigned to William B. Smith. I declined to make the assignment, as such was not the custom, and as the law was that we were to deposit them with the Mayor, but not to assign them. Q. Is this the first year that the demand was made ? A. 1885 was the first year. Q. It was first made in 1885 ? A. Yes, sir. By Mr. Clay : Q. You say that you have been engaged in business since 1872? A. Yes, sir ; really since 1859, with the exception of the years 1871 and 1870. Q. In procuring your licenses heretofore, under Mayors who have preceded the present one, what form did you resort to in order to obtain your licenses ? A. Simply went there and made application, and took a bondsman along, and signed the application and paid the f 100. Q. How were your checks drawn ? A. To the order of the City Treasurer. Q. Always ? A. Yes, sir. Q. How long after they were drawn would it be before you would receive your license ? A. Probably the next, or the second day afterwards. Q. In looking at this check of 1885, which is dated January 1885, (indicating check) it reads "Penn National Bank, pay to the order of the City Treasurer ?" A. Yes, sir. Q. And then the words "Or Bearer " in print were stricken out. Were they stricken out by you ? A. Yes, sir. 30 Q. But now the words "Or Bearer " have been inserted. Was that by you ? A. That is not my hand writing. Q. Was that done with your knowledge or consent? A. No, sir. Q. I find in the check of January, 1886 ; " National Bank of Northern Liberties pay to " what seems to have been "City Treasurer or order." Is that correct ? A. That is correct. " Bearer " was stricken out. Q. Was the word "City " stricken out by your consent, and the name of William B. Smith inserted ? A. No, sir. Q. You have no knowledge about that ? A. None whatever. Q. Why did you draw your checks to the order of the City Treasurer ? A. Well, it is my custom to do so in all cases where I have to do with parties' or corporations' money. Q. And you thought that this payment was due to the City Treasurer ? A, Yes, sir. Q. Now, in regard to your insurance policy, you say that in 1886 was the first time you were required to — A. No, sir ; 1885. Q. What took place between you and Major Linton in 1885, in regard to the insurance ? A. The Major declined to receive it until it was assigned to the Mayor. Q. Did you make an assignment to the Mayor ? A. No, sir. Q. Did he have a policy of insurance from you that year ? A. None. 31 Q. Did you receive a license in 1885, notwithstanding no policy was deposited ? A. Yes, sir. You have got it there before you (indicating a license). Q. Then you mean to say to this Committee that you had a license in 1885, notwithstanding there was no policy in the hands of the Mayor. A. I mean to say this — that I received it by mail. And there you have the date of it (indicating license). Q. Were there any attempts made by the police to disturb you in the conduct of your business, or to compel you to meet the requirements of the law, which says you must deposit a policy of insurance with the Mayor ? A. No, sir ; I never have had any trouble with the Police Department in my life. Q. Have any efforts been made this year ? A. None. Q. So you have been permitted, peaceably and quietly, to Q. What is your business ? A. Pawnbroker. Q. Where is your place of business ? A. 1127 Poplar street. Q. How long have you been in business ? A. At that place about six years. Q. Did you pay any money last year for a license ? A. Yes, sir. Q. When did you pay it ? A. I paid it on the 31st of January. Q. How did you pay it ? A. I paid it in cash. Q. Did you take any receipt at the time ? A. I received no receipt. Q. Have you taken out a license .for this year or paid any money ? A. Yes, sir. Q. How did you pay it ? A. In cash. Q. For both years ? A. Yes, sir. Q. Have you got your license for this year? A. No, sir, Q. Have you complied with the law regarding insurance and bond ? A. Yes, sir. Q. You paid your money, but got no receipt, and have com- plied with the law in other respects ? A. Yes, sir. 48 Q. Why don't you get your licenses? A. Because they say I didn't pay it. But I have two wit- nesses that I have paid it — that seen me pay it in cash. I paid it on the 5th of January. Q. Who are those witnesses who saw you pay ? A. Mrs. E. Devine, who w^ent on my bond. I signed the book and also she signed her name under it ; and she is a wit- ness that I paid. Q. What is her address ? A. 1810 Stiles street. Q. Who was the other witness ? A, The other was my brother, who came in and sat down to- pay his own license. Q. What is his name? A. Jacob Rosenthal. Q. The gentleman who has just been examined ? A. Yes, sir. Q. You complied w^ith the law regarding the bond and in- surance policy ? A. Yes, sir. I put it in the hands of the agent and told him to attend to it. Q. What agent ? A. A man named Pfeiffer, on Walnut street, aboye Fourth,, Q. An insurance man ? A. Yes, sir. Q. How do you know he attended to it ? A. Because he brought me the receipts, and I paid them. Q. How do you know^ he lodged the policy at the Mayor's office ? A. I put them there myself — transferred to Smith. By Mr. Clay : Q. You transferred it to the Mayor ? A. Yes, sir. 49 By Mr. Bardsley : Q. When did you deposit the insurance policy ? A. I deposited it with them in '85. Q. I mean for this year ? A. Well, they were down there. By Mr. Clay : Q. They are annual policies and you got them renewed ? A. Yes, s'ir. By Mr. Bardsley : Q. When you had it renewed, did you take the receipt to the Mayor's office this year? A. No, sir. Q. Had the Mayor received any receipt for this year's renewal ? A. He brings me the receipt. Q. Who does. A. The agent. Q. A receipt from whom ? A. From the Insurance Company ; and I pay him. Q. What did you do with that receipt ? A. I put it away. Q. Then what knowledge has the Mayor that that policy is renewed for this year ? A. I don't know. I wrote to the agent about a month ago a, postal card, asking him in regard to it ; that he should let me know just how it all stood. I didn't see him until last night, when he walked into my office, and then I got very little information from him. There are two policies down in the Mayor's office, and I know one is paid up ; but about the other I don't know. I wanted him to give me the information just how the thing stood. Q. What did he tell you ? A. He came to see me in the evening, that is, about six o'clock, when I was closing up, and I got very little from him. 7 i 50 He told me how much insurance I held — $7,000, but how it stood he didn't tell me. Q. That is, whether it was alive or not, he didn't know ? A. Well, it is alive, because I paid up the receipts when he brought them. Q. Then, what information did you want from him ? A. I wanted him to tell me how I stood at the Mayor's office. Q. How could he tell you that ? A. He knows when I paid the receipts. Q. Was it his duty to take the receipt from the Insurance Company for the renewal of the policy to the Mayor's office — was it his duty or your duty to take it there ? A. I don't know. He came and brought them to me and I paid them. Q. What did you do with the receipt that you got ? Have you got it with you ? A. Not with me. It is home. Q. Then, so far as the Mayor knows, has not the policy at the Mayor's office expired ? A. I don't know. I know that one of them is in existence, because I have got the receipt for it at home. Q. For hoAV much is that policy ? A. §2,500. I don't know Avhether the other was paid or not. Q. Then the fact of the matter is that you don't know whether the law has been complied with or not by depositing a policy of insurance for $5,000 with the Mayor — you don't know whether you have complied with the law or not ? A. I am not positive. I wrote to him to find out, because if it was not I would have complied with it. Q. But you wrote to him about a week ago. A. A couple of weeks ago, but he didn't receive the postal. 51 Q. When did you pay the money ? A. On the fifth of January. Q. When did you give the bond ? A. The same day, at the same time. Q. Didn't you know it was necessary to perfect the law by giving a policy of insurance at the same time ? A. Well, I never gave it a thought. I knew the two poli- cies were down there and I thought they were paid up. Q. Did anybody at the Mayor's ofiice ask you where the insurance was ? A. No, sir. Q. Didn't they say a word to you about it ? A. No, sir. Q. They just accepted the bond and money and didn't say anything about the insurance ? A. No, sir. Q. Nor you, either ? A. Which year are you speaking of? Q. This year. A. No, sir. Q. You don't know anything about the insurance for this year ? You only know you paid the money and gave the bond? But the insurance you don't know anything about ? A. No, sir. Q. But you wrote to your insurance agent a week or two ago for information ? A. Yes, sir. Q. It was this talk in the newspapers which kind of stirred you up ? A. Yes, sir. Q. You wanted to see if your house was in order ? A. Yes, sir. Q. The Mayor now says that you didn't pay this money ? A. Yes, sir. 52 Q. But you are able to prove you did ? A. Yes, sir. Q. Had the Mayor made any demand upon you for the money ? A. No, sir. Q. Then, so far as the Mayor's office knows, you are carry- ing on business contrary to law, because the Mayor says you have not paid this money ? A. But I went down to see him in regard to this. I went to Major Linton and talked to him over it, and I had my two witnesses that seen me pay it. Well, he told me to write him a letter in several days and explain how it was done. There were the two witnesses to it. He afterwards when the papers said there was no record on his books or anything else, but two days ago, on Friday morning, when I went with the person who signed my bond, he admitted that the book was signed and that the bond had signed ; but still he said that the money he didn't remember to be paid. But I said, there are the wit- nesses that I paid it. Q. What book did he refer to when he admitted that the book was signed ? A. Why. it is a form in which he put my name at the top, and the ward. Q. And the bond — that is your surety signed on the same day ? A. Yes, sir. Q. He said, a few days ago, that the bond was all right, but the money was not there ? A. Yes, sir. Q. How long have you been in business ? A. At that place, six year^. Q. Do you have to give security every year, or have it re- newed every year ? A. Well, the last two years it has been a different party who has signed it for me. 53 Q. In 1885, when you gave the bond, did you give it the same day you paid the money ? A. Yes, sir. Q. In 1884 did you furnish the security the same day you paid the money ? A. Yes, sir. Q. Did you ever take a security to the Mayor's office with- out the money ? A. No, sir. Q. You are sure of that? A. I paid the license every time I went. I am surprised he should say that I didn't pay it, when I signed and had my . bond there. Q. What did you sign ; the bond ? A. Yes, sir. Q. You didn't sign anywhere else that you had paid the money ? A. Well, I signed in this book first, and my bond signed after me, and I handed him the money. Q. You signed the bond first, and your security next, and then you paid down the money ? A. Yes, sir. Q. And you always did that ? A. Every year the same. Q. The day you gave the security you paid the money ? A. Yes, sir. Q. If you went there without paying the money, would he take your bond ? A. I don't think so. Q. Did you ever try it ? A. No, sir. 54 By Mr. Roberts, Chairman : Q. To whom did you pay that money ? A. To Major Linton ; counted it out to him. My brother came in to pay his license and sat down at the desk and seen it paid. By Mr. Clay : Q. You say that Jacob Rosenthal saw it? A. Yes, sir. By Mr. Ruddiman (of counsel for Mayor Smith) : Q. You say that you paid in 1885 ? A. Yes, sir. Q. Did you pay in check or in cash ? A. In cash. Q. Did you take a receipt in 1885 ? A. No, sir ; I received none. Q. Why didn't you take a receipt ? A. I never thought to ask for it. Q. You got your license then ? A. Yes, sir ; in August. Q. When did you pay the money for 1886 ? A. On the 5th of January. Q. What day of the week was that? A. I couldn't really say ; because I paid my rent at the Fidelity the same day. Q. Have you a receipt for the payment of that rent ? A. Not with me ; at home. Q. When did you last look at the receipt from the Fidelity for the payment of the rent ? A. The other day. Q. What other day ? A. When I heard of the trouble about the licenses and such things I looked to see when I paid, and I knew it was the day when I paid my rent. 55 Q. How did you come to look at that receipt for the pay- ment of your rent ? What had the payment of your rent to do with this ? A. Because I knew that I paid it the same day. I stopped here first and paid Major Linton, and then I went to the Fidelity with my book and got my receipt. Q. Why, in connection with your license, did you happen to look at your receipt for the payment of your rent ? A. Because I know that I paid them both the same day ? Q. Had your payment of it been questioned at that time ? A. No, sir. Q. Why did you look at that receipt if the payment of your license had not been questioned ? A. When it was questioned I looked. Q. At what time in the day on the fifth of January did you pay this money ? A. In the morning. Q. Were many persons present? A. No. Q. Who were present that you knew ? A. Well, we were sitting there and waiting, this lady and I, for Major Linton to come out of the Mayor's office. After- wards he came and took a seat at his desk. Then I paid him the money, and then I signed the book and my bond after me. Q. But I didn't ask you that. I asked you whether there were many people there ? A. There were some officers there and others in the large room. Q. Were there many people attending to business about the Major's desk ? A. No ; they were all out in the large room. Q. There were a few in the room when you paid the Major? A. Yes, sir. 56 Q. Who were present there at the time you paid the money? A. Several were at the other desk, and my brother came in and sat in a chair right opposite the desk. Q. Did you pay before your brother paid or afterwards ? A. Before. Q. Did you wait while your brother paid ? A. No. He asked me to go on his — Mr. Bardsley : I would like to suggest to counsel that the time of the Committee is precious, and if this Committee is to report in favor of impeachment that these witnesses will have to be summoned, and that then will be the time for cross-ex- amination. It occurs to me that this is an ex parte examina- tion. I may be wrong, but I think so, and I submit it to counsel for the Mayor if that view is not correct. Mr. Roberts, Chairman : That is the idea of the Chair — subject to the approval of the Committee. Mr. White (of counsel for Mayor Smith). We will submit to the intimation. M. Ruddiman (of counsel for Mayor Smith). I suppose under an intimation given before by a member of the Commit- tee, that we could ask these questions when we deemed proper. This is an important matter, involving the payment of one hundred dollars, and the Committee have thought it worth while to go into it. But in consequence of the intimation now given by the Committee we will go no further. Jacob Rosenthal^ recalled. Examination by Mr. Roberts, Chairman : Q. Were you present with Daniel Rosenthal, in January, 1886, when he paid his license ? A. I came in ; he was in the office already ; I seen him lay down one hundred dollars on the counter to Major Linton ? 57 Q. When was that ? A. On January fifth, 1886. Q. You say he laid down one hundred dollars ? A. He laid down some money ; I don't know about its being one hundred dollars. Q. Who took that money ? A. Major Linton. Q. Took it while you were there ? A. Yes, sir. By Mr. Lawrence : Q. How do you know it was January fifth ? A. Because I paid my license. Q. The same day ? A. Yes, sir. Q. That is the way you fix the date ? A. Yes, sir. Q. Did you pay yourself by check ? A. Yes, sir. Q. Then you fix the date by the check ? A. No, sir ; not altogether ; it is in my mind ; I know it was about the fifth ; I was going to pay on the first or the second, but I thought the Mayor's office would not be open and that is the reason I didn't go there. Q. The Committe would like to know positively what day it was. You both agree in saying that it was the 5th of January. The Committee would like to know how you know it was the fifth ? A. It is in my own mind, in the first place ; and in the second place, the check shows it. Q. You fix it by the check ? A. Yes, sir. 58 Moses PMlif Hamburg^ being duly sworn according to law testifies as follows : Examination by Mr. Roberts, Chairman : Q. What is your business ? A. I have an interest in a pawnbroking establishment. Q. Whereabouts ? A. No. 1209 South Tenth street. Q. How long have you had an interest ? A. About sixteen years. Q. Did you procure a license for 1885 for doing business there ? A. Yes, sir. Q. To whom did you pay that license ? A. Major Linton. Q. By check or in cash ? A. By check. Q. Please produce it — for 1885 ? (The witness here produces a check.) Q. Have you a license ? A. Yes, sir. Q. When did you get it ? A. About the 26th of December, that year. Q. When did you comply with the law regarding the bond and policy of insurance ? A. At the time the check was paid. * Q. And you didn't get your license until December ? A. Not until December. Q. With regard to this year 1886, did you pay anything? A. Yes, sir ; on the 8th of January. Q. Did you pay by check again ? A. Yes, sir. 59 Q. When did you comply with the law this year regarding the bond and the insurance ? A. At the time of the payment of the money. Q. When did you get your license this year ? A. I have not got it yet. Q. How is that ? A. I cannot tell. I complied with the law but have to get it. Q. Have you asked for it ? A. I have, on three different occasions. Q. When did you ask for it ? A. Within the last month I have made several demands for it. Q. Personal demands ? A. Yes, sir — to Major Linton. Q. What excuse was given ? A. That he was very busy now and I should not interrupt him ; that it would be sent by mail. Q. Did he say the same thing each time ? A. Yes, sir ; that it ;i\^ould be attended to in a few days and sent by mail. Q. But it didn't come ? A. I have not got it yet ; but I have complied with the law. By Mr. Clay : Q. How long have you been engaged in business ? A. About sixteen years. Q. Under preceding Mayors, how long after the license fee was paid did you receive your license ? A. From one to four weeks ; sometimes in two or three days. Q. It was never so long as four to five months, or ten or eleven months ? A. No, sir. 60 Q. During the year '85, when you made payment of the $100 by check, was it accompanied by the policy of insurance and the usual bond? A. The policy of insurance was there, and I had it assigned to Mayor Smith at the request of Major Linton. The bond was executed at the time the money was paid. Q. What about the requirement of the law in regard to tes- timonials of character? A. No requirement was ever made, under any Mayor, about testimonials of character. Sixteen years of good repu- tation was considered sufficient. Q. You complied with the law regarding the policy of in- surance and the bond ? A. Yes, sir. Q. You say you were required in '85 to assign it to the- Mayor ? A. Yes, sir. Q. Had you done so under preceding Mayors ? A. I don't remember. Q. During the year 1885 you were without a license until the 26th day of December ? f A. Yes, sir. Q, During that time were you molested in any way in the transaction of your business ? A. No, sir. Q. You were not interfered with ? A. No, sir. Q. Did you pay more than $100 at the time you obtained the license ? A. Yes, sir. Q. How much more? A. Five dollars. Q. Why did you do it ? A. Oh, we thought it was a gratuity to Major Linton- 61 Q. Did he ask you to do it ? A. No, sir ; it was the custom of the office, and had been done for years. Q. It was a sort of Christmas present ? A. A New Year's present. Q. A perquisite ? A. A perquisite of the clerk. Q. I observe that these checks (indicating checks) are in different forms. For instance, that for '85 is drawn Wil- liam B. Smith, Mayor, or order, $100," while I find a note on the check for '86, license account." Why is that ? A. To show that it was not a business transaction between Mayor Smith and the firm. We wanted to show what it was paid for to Mayor Smith or Major Linton. Q. Then you thought the Mayor had not complied with the law in not delivering to you your license after you had com- plied with the law ? A. We thought we had performed our part. Q. Explain why you put on it " license fee ?" A. Because we didn't get the license the year before until eleven months after the money was paid. Q. And you thought it would show what the money was paid for ? A. Yes, sir. Q. To show in case you should be disturbed or interfered with in any way. A. Exactly. By Mr. Lawrence : Q. Was that written on it at the time you delivered the check ? A. Yes, sir ; in the Mayor's office. 62 By Mr. Clay : Q. For 1886 you have filed a bond and left an insurance policy ? A. The policy was there. Two policies are there — renewed in January and in March. Both were retained in Major Linton's safe, and are there now. Q. The policy is in the possession of the Mayor or in the possession of his subordinate who is charged with the custody of it ? A. Yes, sir. Q. Each year you renew those policies and take the re- ceipts ? A. Yes, sir. Q. Are those receipts in the possession of the Mayor ? A. Yes, sir. Q. There is no reason why you shouldn't have received your license ? A. None at all. Q. Yet you have not received it ? A. Not received it. By Mr. Bardsley : Q. Were those checks drawn in that way at the suggestion of anybody in the Mayor's office ? A. No, sir. Q. It was the customary way ? A. In 1886 1 wTote on the face of the check " License fee " to show what the payment was for, in passing through the Clearing House. By Mr. Edwards : Q. Did you always draw checks to the order of the Mayor ? A. I think so. 63 By Mr. Reinstine : Q. You drew it in that way as a protection for yourself; you thought it would be ? A. Yes, sir. It was to show what the money was paid for. Jacob Myers^ being duly sworn according to law testified as follows : Examination by Mr. Roberts (chairman) : Q. What is your business ? A. A pawnbroker. Q. Where is your place of business ? A. 108 South Eighth street. Q. How long have you been in business ? A. In that place seven or eight years. Q. Did you procure a license in 1885, to do business there ? A. I did. Q. To whom did you pay for that license ? A. Major Linton. Q. How did you pay him ? A. I cannot say positively whether I paid by check or in money that year. In my book here (examining a bank book) it is " J. Myers, for license." Q. What is the date of that? A. January 19. Q. You mean to say that your book indicates that you paid in a check, but you did not keep it ? A. Yes, sir ; I might have taken that check and deposited it in my other bank, and drawn the money, because the other bank is nearer the Mayor's Office. Q. But the book indicates that you drew a check for that purpose, but whether after you drew the check you handed it to Major Linton or not you cannot say ? A. I cannot say positively. 64 Q. Did you get a license last year ? A. I did. Q. When did you get it ? A. I believe I got it in December. Q. When did you comply with the law requiring bond and insurance ? A. The same date when I paid. Q. The day indicated in your book ? A. Yes, sir. Q. January 19. A. I think so ; I cannot say positively whether it was that day or not, but I know it was in January. Q. Now, for this year, 1886, what did you do ? A. Here is my check (indicating a check). Q. To whom did you pay this check ? A. Major Linton. Q. I see you say on it "for license" ; why ? A. I thought it was just as good as a receipt for it ? Q. When did you get your license for this year ? A. I have not got it yet. Q. Have you complied with the law requiring a bond and the insurance ? A. I have. Q. When did you ? A.. The bond I gave when I paid the money. My insur- ance had to run to March, and I kept the receipt in my office when I renewed it — kept it in my office until a few weeks ago, when I gave it to Major Linton. Q. When did you give it to him ? A. Not very long ago ; two or three weeks. Q. In whose favor is the insurance policy ? A. To William B. Smith, if there is any loss. 65 Q. Why don't you get a license for this year ? A. I generally wait until the Mayor sends me the license ; that is all I know. Q. Have you asked him for it this year ? A. I have not. Q. You have paid your money and complied with the law in every respect ? A. Yes, sir ; I thought that was all that was necessary. Q. And you are just waiting for the license to come ? A. Yes, sir. Q. Did you pay anything else but the $100 at the Mayor's Office. A. I did. It was always customary for me every year, in former years, to pay five dollars, and I done it. Q. Was it customary under former Mayors ? A. Yes, sir. Q. Did they ask for it ? A. No, sir. Q. You just handed it out ? A. Just handed it out. By Mr. Clay : Q. You paid your license fee, in 1885, about the 19th of January ? A. I think so. Q. At that time you say you had complied with the law, so far as filing a bond and delivering a policy of insurance ? A. I think so. Q. And notwithstanding that you were without a license until the 18th of December ? A. That is correct. Q. You were not disturbed or interfered with at any time during that year ? A. I was not. 9 66 Q. When you came to pay for 1886, you put upon the face of the check, "for license, one hundred dollars." Why did you do that ? A. For my own protection. In a general way I do that. I am the Treasurer of a Lodge and I do it in that way. Whenever I pay out anything for benefits I put " sick bene- fits " on it. Q. Did you draw your checks in that way before ? A. I think I did, but cannot say positively. Q. Did you think it would protect you, in the event of them not giving you your license ? A. Yes, sir. Q. You thought that if you were interfered with by the Police Department you could go and show that ? A. Yes, sir. For sometimes there might be a little mis- take by Major Linton, and I could show that to prove it. Q. You have no license for this year ? A. No, sir. Q. Did you file your bond in January ? A. Yes, sir. Q. What did you do about your insurance ? A. My policy of insurance — the old one, was to run to March, and I had no need to give a new policy. Afterwards, when I renewed the policy, I forgot to take it to the Mayor's Office, but when I heard of this going on I took it there and left it. Q. Was the renewal this year in your own name ? A. The same way that it was before. Q. To William B. Smith, Mayor ? A. Yes, sir. Q. When you delivered that receipt, did you make a de- mand for your license ? A. I did not. 67 Q. Did they offer to give it to you ? A. They did not. Q. When did you deliver that receipt ? A. Three or four weeks ago. Q. Up to this time you have not received your license ? A. No license. Q. But you have complied with every requirement of the law this year ? A. Everything the law required of me. Q. And you are now doing business without a license? A. Yes, sir. Andrew J. Baker, being duly affirmed, according to law, testified as follows : Examined by Mr. Roberts, Chairman : Q. What is your business ? A. Pawnbroker. Q. Where is your place of business ? A. 518 South Tenth street. Q. How long have you been there ? A. Twenty-five years in that house. Q. Did you procure a license for 1885 ? A. Yes, sir. Q. When did you pay for it ? A. Some time during the month of January. Q. How did you pay ? A. In cash. Q. Whom did you pay ? A. Major Linton. 68 Q. When did you obtain the license ? A. Some time during the month of December. Q. Nearly a year afterwards ? A. Yes, sir. Q. Did you, in the meantime, comply with the law requiring a bond and an insurance policy ? A. Yes, sir. Q. When did you do that ? A. So far as the policy of insurance is concerned I differ with Ma;jor Linton, because I do not believe it to be the right of the Mayor to demand that I should assign my policy of insurance to him, I had read the law or the ordinance, and as I read the law it does not require that the policy should be assigned to the Mayor. That is as I understand it, and I think I understand something about it. Q. What did you do ? A. I demurred to transfer or assign the policy of insurance. And another thing, they had lost my policy, which had been deposited there for a number of years, and which I kept always renewed. My policy was deposited, probably, with Mayor Stokley, and it was always there and always kept alive. Q. What did you finally do ? A. Finally, I agreed that I would have my policy made to him, as Mayor of the City. Q. Then you conceded eventually in the demand he had made ? A. I acquiesced in the demand. Q. When? A. Some time during January, or perhaps in February. Q. Soon after you had paid the money ? A. Yes, sir. Q. You say the policy you had there was lost ? A. Yes, sir ; I had to get a new one. 69 Q . When was it lost ? A. I do not know. Q. Do you know whether it was lost within the year ? A. I don't know. Q. You don't know whether it was lost during .Mayor Smith's administration or during a previous one ? A. I don't suppose it was, because it was there probably ten years or more in the office. The Mayor's Clerk lost it, but whether it was Stokley's or Fox's I don't know. Q. When did you find it out ? A. Not till 1885, when I went to Major Linton and wanted By Mr. Bardsley : Q. Well, you furnished another one ? A. Yes, sir. By Mr. Roberts (Chairman) : Q. Did you pay money this year ? A. I paid a check this year. Q. Please produce it ? (The witness here produces a check.) By Mr. Bardsley : Q. Have you your license for last year ? A. Y^es, sir. By Mr. Roberts (Chairman) : Q. Please produce both your licenses ? A. I cannot for this year ; I have not got it. Q. This check (indicating a check) is altered, I see. Did you do that ? A. Yes, sir. I attempted to write "City Treasurer," as I had always been in the habit of doing. You see that I com- menced that word. By Mr. Bardsley : Q. At whose suggestion did you do it in this way ? A. At Major Linton's. 70 Q. You say you were beginning to write City," and then he said " hold on." A. No. I don't know what were his words. I said that I had always drawn checks to the order of the City Treasurer. Q. What did Major Linton say ? A. That the license was payable to the order of the Mayor, and I altered it to the order of the Mayor I altered that word " City" into the word "William." I did it myself. By Mr. Roberts, (Chairman.) Q. Have you complied with the law this year, requiring a bond and a policy of insurance ? A. So far as I know. My bondsman told me that he had signed the bond. I did not see him do it. Q. When did he do it ? A. A few days after the date of the check — 6 or 7 days or^ probably 3 or 4 days. Q. You have not got a license for this year ? A. I am satisfied that he signed it. Q. You have not got a license for this year ? A. Why, I am waiting for it. Q. Have you asked for it ? A. No sir. Not this year. I did demand it last year, and Major Linton told me it was not filled up yet, but that it was all right, and that he would send it in a few days, and I sup- posed the same course would be pursued this year, and as the few days run on to December, I thought I would get it then. By Mr. Clay. Q. You say that in 1885 a new policy was procured ? A. Yes sir. Q. Did you procure it ? A. Yes sir. Q. Did Major Linton ask to get it for you ? A. No. sir. I had a duplicate filled up for the lost policy. I believe that is what you call it. They filled out another policy for me. 71 Q. And this year you have tendered your money and your bond ? A. And my polic}^ of insurance was in force at the time. Q. Was it renewed when it expired ? A. Yes, sir. Q. You have no license for this year ? A. No, sir, — that is, I have not got the piece of paper. The license is in my possession. Q. Is there any purpose of the Police Department which could be served by withholding your license ? A. I cannot see any. Q. Would it give the Mayor any greater power to enforce the lawthan what he now has in suits against the pawnbrokers ? A. Not as I understand the law, and I think I understand it? Q. Why do you say that ? A. Because I had a hand in making it, and I voted for its adoption, and I know what it is about. Q. How do you understand it ? A. That the applicant for a license must make an applica- tion to the Mayor, must tender his money and present his surety, and sign his bond, and present a live policy of insur- ance to the Mayor. Q. All at the same time ? A. Strictly, I would say all at the same time. Q. All as parts of the same transaction ? A. I understand it to be customary, for the convenience of •people, — for instance, for the convenience of a bondsman, to say, " Why, your bondsman can come to-morrow." I know how it has been with my bondsman. It may be inconvenient for him to come on a certain day. Sometimes a bondsman may be in the immediate neighborhood of the Mayor's office, and sometimes he may be at a distance. It is just as it happens. 72 Q. But your understanding of the requirements of the ordinance is that when the money has been paid, and the bond executed, and the policy delivered, that then the party is en- titled to his license ? A. Yes, sir. By Mr. Claridge : Q. Did you make a demand on the Mayor, or on Major Linton, last year ? A. On Major Linton. Q. You did not see the Mayor ? A. No, sir. William D. Kendrick, being duly sworn according to law, testified, as follows : Examination by Mr. Roberts (Chairman) : Q. What is your business ? A. Paw^nbroker. Q. Where is your place of business ? A. 209 South Eighth street. Q. How^ long have you been there ? A. About six years there. Q. Did you have a license last year there ? A. I did. Q. When did you pay for it ? A. In the month of January. Q. Whom did you pay ? A. Major Linton. Q. How did you pay him ? A. In a check. Q. Have you got the check ? A. I have. 73 Q. Please produce it ? (The witness here produces a check.) A. With your permission I will state right here to the Com- mittee that I have a brother in the business. We have four places between us. He has three and I have one. You will find that the checks call for $400, for the four places, in his name. Q. I notice Kendrick here four times (referring to the checks), for Carver W. Reed & Co. Do you represent the entire four concerns ? A. Yes, sir. Q. When did you pay the money in January, 1885 ? A. I think the check will show. Q. The check is blank in the date. A. Yes ? I now notice it is blank (referring to check). W^e omitted to put in the date. (The witness here refers to the stubs of his check book, but is unable to testify to the date when the money was paid, in January, 1885.) Q. When did you get your license in 1885 ? A. In December. Q. Coverinsj all four places ? A. No, sir ; we have one for each place. Q. Did you get them in December for each of the four places ? A. Yes, sir. Q. Did you comply in the meantime with the law requiring the insurance policy and the bond ? A. Yes, sir. Q. When did you do that ? A. In the month of January. There are policies that re- main there and we renew them from time to time. Sometimes they may run out in the middle of the year ; for instance, we 10 74 have got one there now which will run out in the middle of the^ year, which we have got to renew. Q. That is, you wait until they expire, and then you renew them ? A. Yes, sir. Q. You say that this year you paid a check for the four places ? A. Yes, sir. Q. When did you get your license for this year ? A. We have not got it yet. Q. Have you complied with the law requiring a policy and bond ? A. Yes, sir. Q. When did you do that ? A. I filed the bond when I paid the check, and I renewed my policy of insurance within a couple of months. Q. Why have you not got your license ? A. I don't know. Q. Have you asked for it ? A. I have. Q. Whom did you ask ? A. Well, there was a young man there — it was a new face to me. He was quite a young man. He seemed to be attend- ing to Major Linton's business. The Major was away and the Mayor was away. The young man said we would get it in a few days. Q. Did you know who the young man was ? A. I don't know. It was a new face. Q. Was he the only person there at tlie time ? A. No. There were others there. They were writing at the time, and there were a lot of insurance policies lying there^ and I saw that mine was there. Q. Then you asked for your license but have not received it ? A. No, sir. 75 By Mr. Clay : Q. You feel that you are entitled to the license ? A. Yes, sir ; I do. Q. You think that your protection in business demands that it should be in your possession ? A. Yes, sir. Isaac P. Hunt^ being duly sworn according to law, testified as follows : Examination by Mr. Roberts, Chairman : Q. What business are you in ? A. I am a pawnbroker. Q. Where is your place of business ? A. 1538 South street. Q. Did you take out a license last year ? A. I did. . Q. When did you pay for it ? A. On January 5th, 1885. Q. How did you pay ? A. By check. Q. Please produce it ? (The witness here produces check.) Q. When did you obtain your license ? A. Between Christmas and New Years. Q. Of last year? A. Yes, sir. Q. Did you comply with the law in regard to the bond and the policy of insurance ? A. At the time I gave the check in I filed my bond. I deposited a policy of insurance which run out in the April following, and I transferred it to the Mayor. 76 Q. Did you pay this year? A. Yes, sir; by check, on January 13th. Q. Have you obtained a license for this year ? A. I have. Q. When did you get it? A. About ten days ago. Q. When did you comply with the law regarding the bond and policy? A. I filed my bond at the time I drew the check in 1886. I did not file any policy until this day two weeks ago. Adolph Roaenbauon, being duly sworn according to law", testi- fied as follows : Examination by Mr. Roberts, Chairman : Q. What is your business ? A. A pawnbroker. Q. Where is your place? A. At 1200 North Second street. Q. How long have you been there ? A. Six or seven years. Q. Did you take out a license in 1885 ? A. Yes, sir. Q. When did you pay for it ? A. On the 19th of January. Q. How did you pay — in cash or by check ? A. By check. Q. Please produce it. A. I have not got it with me ; I could not find it, but see by the stub that it was on the 19th of January. Q. You did not preserve it ? A. I don't know ; I have not found it. 77 Q. When did you obtain the license ? A. Some time in December, I believe. Q. Did you comply with the law, in the meantime, with re- gard to the policy of insurance and bond ? A. Everything was complied with. Q. When did you pay for the present year ? A. I paid on January 28th. (The witness here produces a check.) Q. I see you have drawn this (referring to the check) to the order of the Mayor for the license. Is that the usual way ? A. Yes, sir. Q. When did you comply with the law regarding the bond and policy ? A. With everything right away. Q. In January ? A. Yes, sir; the bond was completed right away, but the insurance run out in March, and I renewed it again. Q. Have you obtained a license for this year ? A. No, sir. Q. Why have you not obtained a license for this year ? A. That is more than I can answer. Q. Have you asked for it ? A. No, sir ; they generally send them to us ; that is the reason we do not ask them for them. Q. Y'^ou are waiting for them now to send it to you ? A. Yes, sir. Q. Have you complied with the law in all respects ? A. Yes, sir. Q. Did you pay aliy more at the Mayor's office than one hundred dollars ? A. Just a little Christmas present. 78 Q. Did they ask for it ? A. No, sir. Q. It has always been the custom under previous Mayors ? A. Yes, sir ; just the same thing. Abraham Levy^ being duly sworn, according to law, testified as follows : Examination by Mr. Roberts, Chairman. Q. Wliat is your business ? A. I am agent for Mrs. Adelaide Levy. Q. What is her business ? A. A pawnbroker. Q. Where is her place ? A. No. 1400 North Second street. She has two places. Q. Where is her other place ? A. 1808 Market street. Q. Did you take out a license for Mrs. Levy in 1885 ? A. Yes, sir. Q. When did you pay for it ? A. Between the 2d and 4th of January. Q. Who did you pay ? A. Major Linton. Q. How did you pay ? A. In cash. Q. When did you get the licenses ? A. I guess, about December. Q. Are you replying now for both places of business ? A. No, sir ; one place was only commenced in 1886. Q. What place are you speaking for ? A. For North Second street. 79 •Q. For 1885? A. Yes, sir. Q. When did you obtain the license ? A. In December. Q. Did you comply with the law in the meantime, regarding the policy and the bond ? A. Yes, sir. Q. And you did not get the license until December ? A. No, sir. Q. When did you pay this year ? A. On the fourth day of January. Q. For both places ? A. Y^es, sir. Q. Have you obtained a license ? A. Not yet. Q. How did you pay ? A. In cash. Q. How much cash ? A. Two hundred dollars. Q. One hundred dollars for each place ? A. Yes, sir. Q. Have you complied with the law regarding policy and a bond ? A. Yes, sir — at present we have. Q. Why do you qualify your answer ? A. Because, up to the twenty-fourth day of August we had not complied according to the requirements. Q. In both cases, or only one ? A. In both cases. Q. Then you did not entirely comply until some time in August ? A. On the 24th. 80 Q. But you have not received a license ? A. No, sir. Q. Did you ask for it ? A. I asked for it and they told me it would be sent by mail. Q. And you are now waiting for It ? A. Yes, sir. By Mr. Bardsley : Q. In what had you not complied ? A. In not putting in the policy and fihng the bond. Q. You had not given a bond at all ? A. I was under the impression that the gentleman who generally went on the bond had signed it, but I received a notice from Major Linton that the bond had not been signed. Q. Previous to that you thought it had been ? A. Y^es, sir. Q. And you thereupon had it signed ? A. Yes, sir. Q. The policy of insurance — was that all right ? A. Yes, sir. Q. When was that made right ? A. Major Linton had a policy of insurance on the 28th of May, and I withdrew it for the purpose of having it renewed. The insurance agent was to return it to Major Linton, but he returned it to the office. Q. The money was paid in January ? A. Yes, sir. Q. And you are now Avaiting for your license ? A. Yes, sir. By Mr. Claridge : Q. Did you ever make a demand on the Mayor for your license ? A. Not on the Mayor ? 81 Q. You renewed your insurance in August ? A. No. In May. Q. But they never received any notice of it until August 24th? A. No, sir. Isaac P. Hunt, recalled: Examination by Mr. Roberts, Chairman : Q. Have these checks (referring to checks which had been produced by the witness) been altered in any way since drawn or signed by you ? A. That one is not (indicating check). Q. Has this one (indicating check) ? A. No, sir. I cannot see any alteration. Q. But, did you do this ? (indicating) was this word " Mayor" written in that way ? A. Yes, sir. I did it at the suggestion of Major Linton. I always drew them to the order of the City Treasurer, but Major Linton asked me last year and this year to draw them to Wm. B. Smith or order. By Mr. Clay : Q. Did you object to doing it? A. No, sir. I just took a blank check in my pocket, and when he asked me to draw it in that way I did so. I had no idea of his reason why he asked me. At this point, upon motion of Mr. Clay, the Committee takes a recess for one hour — until 2 o'clock P. M. 11 82 After Recess. The Committee re-assembles at 2 o'clock P. M. After calling it to order, Mr. Roberts (Chairman) asks Mr. Johnson, the Messenger of the Committee, the following questions : Q. Did you serve H. A. Jones with a subpoena? A. Yes, sir. Q. When did you do so ? A. At 4 o'clock yesterday afternoon. Q. Whereabouts ? A. At his place of business. Q. And did you serve A. Garman ? A. Yes, sir. Q. When? A. This morning, at five minutes of ten o'clock. Q. Where did you find him ? A. At his place of business, at Sixth and Vine streets. Mr. Clay : I move that the messenger be ordered to pro- ceed to the place of business of Mr. Garman, and if he can find him there, to take him into custody, and bring him before the Committee. Mr. Roberts, Chairman : The Chair understands that we will have to go to court about this matter, and the City So- licitor will be the proper person to take charge of these two cases. Mr. Warwick : The City Solicitor, who is present with the Committee, here requests that Mr. Johnson, the messenger of the Committee, shall be sworn. Upon Mr. Johnson being sworn, he is subjected to the following examination by Mr. Warwick : Q. Did you serve H. A. Jones, at Third and Gaskill streets, with a subpoena this morning ? A. Yesterday afternoon. 83 Q. At what time ? A. About four o'clock, or a little after. Q. Did you serve him personally ? A. Yes, sir. Q. What did he say ? A. That he would be here. Q. Is he here now ? A. I don't see him. (The name of H. A. Jones is here called in a loud voice by Mr. Warwick, there being no response.) Mr. Warwick : Does any one here know him ? Mr. Reinstine : I know him. Mr. Warwick : Is he here ? Mr. Reinstein : He is not here. (Mr. Warwick here calls in a loud voice the name of A. Garman. There is no response.) Mr. Bardsley : I now move that the City Solicitor take legal steps to compel the attendance of those witnesses who have been subpoenaed, but who have not responded. The question being upon the motion of Mr. Bardsley. It is agreed to. Mr. Roberts (Chairman): That exhausts our list of wit- nesses who have been subpoenaed. Mr. Clay : I now move that the Committee now adjourn to the other room to go into executive session. The question being upon the motion of Mr. Clay. It is agreed to. 84 Mr. Brightly (the counsel for Mayor Smith): Does that end the public session for to-day? Mr. Roberts (Chairman) : Yes, sir. Mr. Brightly : "Will you announce when the next public session will be held ? Mr. Roberts (Chairman) : It will be announced after it has been determined by the Committee. The Committee at this point retire for the purpose of going into executive session. SECOND DAY. SELECT COUNCIL CHAMBER. Philadelphia, September 6, 1886. The Committee re-assembled at 10 o'clock A. M., this day, in this Chamber of Select Council, pursuant to adjournment. Present : — Mr. Roberts in the Chair ; Mr. Eckstein, Clerk, and the following members of the Committee — Messrs. Ed- wards, Bardsley, Iseminger, Claridge, Clay, Reinstine, and Lawrence, President of Common Council ; of Counsel — Mr. Warwick, the City Solicitor ; Messrs Earle, Brightly, Ruddi- man, and White, as representing the Mayor. Continuation of Testimony. Henry A. Jones, being duly sworn according to law testi- fied as follows : By Mr. Roberts (Chairman.) Q. What is your business ? A. I am in the pawnbroking business. Q. In what locality ? A. At Third and Gaskell streets. Q. How long have you been there ? A. About twenty-five years. Q. Did you make any payment in '85 for a license ? A. I did. (85) 86 Q. When? A. On January 7th. Q. Did you make it by check, or in money ? A. By check. Q. Will you pleaee produce the check ? (The witness here produces a check.) Q. Was this all you paid ? (Referring to check.) A. At that time. Q. When did you obtain your license for this ? A. The latter part of December. Q. Did you comply with the law regarding the bond or the security in the meantime ? A. Yes, sir. Q. When did you do that ? A. I paid the insurance in February. Q. Please produce your license for '85 ? (Witness here searches among a number of papers which he produces from his pocket.) A. I believe that I have left it at home ; but I have got it. Q. Well, for this year, '86 ; did you pay for this year? A. Yes, sir ; by check. Q. Please produce it. (Witness here produces a check.) Q. When did you get a license for this year ? A. I have not got any. Q. Why have you not received any ? A. I cannot tell you. Q. Have you complied with the law ? A. I believe I have. 87 Q. Why do you say that ? Has it ever been disputed by any one ? A. Not by any one ; only I seen my name in the paper. Q. Have you been asked to comply with the law regarding the insurance policy and bond ? A. No. Q. You think that you have complied ? A. Yes, sir. By Mr. Claridge : Q. Did you make a demand for your license ? A. No, sir. Q. You never bothered about it ? A. No, sir; I did not. Q. You never made any demand? A. No, sir. Q. You paid your insurance and all that ? A. Yes, sir. Q. And it didn't run out or expire ? A. No, sir. A. Garman^ being duly sworn according to law, testified as follows : Examination by Mr. Roberts, Chairman. Q. Where is your place of business ? A. At Sixth and Race streets. Q. You failed to appear before this Committee on Saturday ? A. Yes, sir ; I was here ; but I was suffering from an at- tack of dysentery and I was obliged to go away. Q. Are you in business there on your own account ? A. No, sir ; I have an interest in Harvey and McGarry's business. 88 Q. I believe Mr. McGarry testified in regard to that ? A. Yes, sir. Q. And you know nothing beyond what he knows ? A. Nothing at all. I never transacted any portion of that business. Abraham J. McGarry^ re-called. Examination by Mr. Clay : Q. You placed on Saturday in the hands of the Committee only five checks ; but if you paid for all, it seems to me there should have been six ; have you another one ? A. No, sir.; I will explain it. I placed two checks in the hands of the Committee for the office at Sixth and Race streets, for the office of Harvey & McGarry, one for 1885 and one for 1886; and one for 1885 and one for 1886 for the office at Fifth and Vine streets ; and another one which makes up the five which was not for our business, in which we had no con- cern — one check that I loaned to Mr. Harvey for license pur- poses on the 6th of January last. By Mr. Iseminger : Q. Why did you loan that ? A. The reason was because he had not sufficient money in cash to pay his license, but instead of drawing his check to the order of Mr. Harvey, I simply drew it as if it was my own and passed it over to Mr. Harvey. By Mr. Clay : Q. The checks which you drew in 1885 have been changed on their face ? A. They are precisely in the condition in which I handed them to you. 89 Q. Cannot you tell the Committee how they came to be altered — why the change was made in the name, "William B. Smith, Treasurer," instead of City Treasurer? Why did you make your checks in 1886 payable to the order of the City Treasurer ? A. It has always been my habit. I want to say this, that I am reported in most of the newspapers as having, according to the reading of the testimony ; that is, it would appear that I had a dfficulty with the Police Department. Such has not been the case. It would appear that I had had difficulty, or had been at loggerheads with the police force. I w^ant to say that such is not the case. My relations with the police force and with the present Detective Department and with the po- licemen have been most friendly. They are not afraid of me and I am not afraid of them. I have never come into contact — I want to say this — with a more gentlemanly man than the present Chief of Police. By Mr. Claridge : Q. When I asked you on Saturday last whether you had complained about the alterations of the canceled chacks you said, no — that you thought they would be a good thing to keep ? A. That was about one check — this one (indicating check) for '85. I will say that I think it is a good thing to keep checks always. I have about a peck of them. I think that they may come in good as vouchers where you have no receipt for the payment of money. Q. Didn't I understand you to say that the one of 1886 — .that you held that in he way of a threat ? A. By no means. It is a habit of mine which I have always pursued. I knew that the department of his Honor the Mayor was perfectly good for my .$100. By Mr. Iseminger : Q. You wanted to keep it for self-protection ? A. Undoubtedly. 12 90 By Mr. Claridge : Q. I do not understand what you mean by self-protection ? A. I will explain it. A pledger possibly might come to my office and assert I had no ^icense, and a demand might be made to see it. Of course, nobody has a right to make a de- mand to see it ; but if there was any doubt about it I could refer them to the Mayor's office. If he got no satisfaction there, the next thing would be to bring a suit against me for doing business without a license, and then would be the time to produce my check as evidence. Q. What I want to get at is this : If you made your check payable to William B. Smith, or order, why it would not have been the same protection as in the other way ? A. Well, it never occurred to me to make it out in that way. It had been my habit of twenty years to make it to the City Treasurer. Q. Was that check altered in your presence at the Mayor's Office, or by the Mayor's secretary ? A. No, sir. By Mr. Clay : Q. Would you have permitted a change to be made by the Mayor's secretary, or would you have permitted a change to be- made if the Mayor's secretary had asked you ? A. I think I would have objected to their making an altera- tion. By Mr. Claridge : Q. Then why did not you object after receiving these checks from the bank ; after they were canceled, and not submit to itj again ? A. Really, it was no affair of mine ; I did not believe there was any danger of my losing my one hundred dollars ; I had no doubt about jt that Mayor Smith was desirous of using the one hundred dollars. 91 Q. You knew that this was a violation of the Law — the alteration of a check ? A. Pardon me ; I did not know it ; I thought so. Q. But you never complained about it ; you still did the same thing with the same object, w^hich you claim was for your protection. I want to know whether that protection was in the nature of a threat ? A. I will explain that matter a little more definitely. During a former administration there was a police officer in high authority who was appointed a lieutenant, and in a short time a captain. I had received a deposit of a small lot amount- ing to $1.50, and we subsequently had a notice about those things, and we overlooked the little lot. It had been stolen. We had overlooked a small article which was taken under an advance amounting to J1.50, and this gentleman, in the good- ness of his heart, thought that he would get a warrant and have me bound over for trial, and there was a bill before the grand jury. It was all correct, except that we had overlooked to give him a gossamer to the value of one dollar. Of course I didn't stand a trial for a dollar. Therefore, I say, if a cap- tain or a lieutenant of police, or any other man under such circumstances were to do such a thing I would certainly compel him to Avithdraw it because it was a most unjust charge. I will give you the name of this late lieutenant of police, and I will say that I owe to Mayor Smith the most lasting gratitude, because he was the first man that he bounced — the late Cap- tain Howell. Mr. Roberts, the Chairman. I have had in my possession for some days a communication which reached me through the President of Common Council — a sealed communication. It .was opened by authority of the Committee of which I have the honor to be Chairman. As I have said, it came to me through the President of Common Council. Mr. Clay : I suggest that the Clerk of the Committee should now read it in order that it may become public property. 92 (Mr. Eckstein, the Clerk of the Committee, here read the communication referred to by the Chairman, as follows :) " President Lawrence will deliver this sealed envelope to the Chairman of any Committee that may be charged with the in- vestigation of charges against Mayor Smith. If no such charge shall be given to a committee on September 2, 1886, please return this envelope to A. K. McCLURE. Confidential. Note to Chairman of Committee — The names of these wit- nesses should be withheld from all but the members of the Committee and the officer serving the subpoenas, until they appear to testify^ and those marked with a f in pencil marks should be called first in the order in which their names appear on the list. I have given the names of many to protect the few who are important witnesses. Mr. McGarry has three forged checks and Mr. Garman has two. Direct all to pro- duce all checks in their possession for both 1885 and 1886. A. K. McCLURE. 1. Jacob Myers, 108 South Eighth street, f 2. Solomon L. Linse, 626 South street. 3. Wm. D. Kendrick, 209 South Eighth Street. 4. Geo. W. Kendrick, 601 South Third street. 5. Geo. W. Kendrick, for Carver W. Reed 6: Co., 1644 Market street. 6. Geo. W. Kendrick, for Carver W. Reed k Co., 1514 Market street. t7. A. J. McGarry, N. E. cor. Fifth and Vine streets. t8. Joseph Mekeal, 512 South Sixth street. 9. H. A. Jones, Third and Gaskill streets. 10. A. J. Baker, 518 South Tenth street, fll. Jacob Rosenthal, 1813 South street. 12. Philip Hunt & Son, 1538 South street. 93 18. Adolph Rosenbaum, 1200 North Second street. 14. Abram Levy, for Adelaide Levy, 1808 Market street. 15. Abram Levy, for Adelaide Levy, 1400 North Second street. tl6. Moses P. Hamberg, 1209 North Twelfth street. 17. Dr. Judah Isaacs, for Josephine Isaacs, 1724 Ridge avenue. 18. Isaac Nathans, 730 Race street. 19. Isaac Nathans, Third and Spruce streets. 20. Samuel Nathans, 247 North Ninth street. 21. John Rettew, 28 North Eleventh street. t22. Daniel Rosenthal, 1127 Poplar street. Mayor disputes this payment. 23. Oscar Wilson, N. E. cor. Eleventh and Sansom streets. 24. Ellis Silberstein, 123 North Ninth street. t25. A. Garman, 157 North Sixth street. Robert 31. Scott, being duly affirmed according to law, tes- tified as follows : Examination by Mr. Roberts Chairman : Q. What is your business ? A. I am the general bookeeper of the Fidelity Trust Com- pany, in charge of the banking department. By Mr. Bardsley : Q. What are your duties ? A. To examine the accounts and make general settle- ments, &c. Q. You have charge of all the accounts in the institution — all the ledger accounts ? A. That is totally, I do. Each one has its bookkeeper. I am over them, and^they refer to me different items, &c. Q. Have you particular charge of Mr. Smith's account ? A. That comes under me. 94 Q. How many accounts has Mr. Smith? A. One. Q. What shape is it in ? A. William B. Smith, Treasurer. Q. How long has he had that account in that shape? A. Since December 8, 1880. Q. Did he ever have any other account there ? A. He had an account as Trustee in 1880, but I have not looked at that account. Q. When was it closed ? A. I don't know. Q. Is it closed now ? A. It is closed now. Q. How long has it been closed — about two or three years ? A. I cannot tell that without referring to the books. We have a record room there, and they are now in the record room. Q. "William B. Smith" is the present only account? A. Yes, sir. Q. And it has been so for the last year or two ? A. Yes, sir. Q. Have you a transcript from your books ? A. I have. (The witness here produces a transcript from the books of the institution.) Q. When did it commence ? A. On January 1, 1885, and is up to the present time. Q. That is, "William B. Smith, Treasurer?" A. Yes, sir. Q. You strike balances at regular intervals ? A. We do, on the 15th of every month. That is, on our Ledger, and when any book comes in we rule it up. (The witness here produces a paper, as follows :) 95 Willia?n B. Smith, Treasurer, in account with the Fidelity Ins., Trust and Safe Deposit Co. DR. CR. To 2 Checks. To 9 Balance To Checks. 4 $534 93 175 00 75 00 176 30 79 50 58 85 883 96 820 64 190 75 103 63 237 54 2,929 10 $6,265 20 $285 80 224 28 40 95 1,624 99 1,673 22 109 77 1,600 00 1,224 69 1,825 00 5 31 98 30 75 00 122 25 75 00 500 00 13 00 100 00 50 00 586 12 1885 Jan'y 1 9 14 Feb. 4 Feb'y 4 4 6 7 13 13 14 17 20 21 28 Mar. 31 By Balance. Cash By Balance.. Interest . Cash $865 20 1,000 00 500 00 800 00 1,100 00 700 00 300 00 400 00 300 00 300 00 $6,266 $2, 9 10 9 27 390 00 1,437 41 1,327 56 3,245 90 106 82 600 00 275 00 700 00 500 00 1,815 82 96 William B. Smithy Treasurer^ in account with the Fideliti/' Ins., Trust and Safe Deposit Co. DR. CE. To Check. Balance. To Check , 500 00 21 45 16 00 75 00 25 00 20 00 1,945 75 12,836 $1,100 00 49 30 800 00 114 58 18 50 32 00 377 80 357 71 25 00 25 00 100 00 558 50 78 14 150 00 387 53 175 00 20 82 100 00 100 00 200 00 375 00 69 00 50 00 200 00 500 00 Mar. 31 April 14 May 11 19 June 9 22 30 July 13 16 Aug, 5 By Balance Cash 97 William B. 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Boshy shelly being duly sworn, according to law, tes- tified as follows : By Mr. Roberts (Chairman) : Q. What is your occupation ? A. I am the Chief Clerk in the Controller's office. By Mr. Bardsley : Q. The City Controller a few moments ago stated he thought it was you who called the Mayor's attention in 1885 to the necessity of paying in the moneys which he had to pay. Have you any recollection of calling his attention to that ? A. Yes, sir. Q. When was it, about ? A. It was preparatory to making up the statement of Sep- tember 1, 1885. It was done sometime in July 1, 1885. Q. In the latter part of the year ? A. No ; in July, 1885. Q. You are speaking now of last year ? A. Yes, sir; 1885. Q. What did you say to the Mayor, or to whom you were speaking ? A. Well, we have in our office a return clerk, and it is his business to keep an account of all the returns made from the various departments He would occasionally report to me that some department was a little delinquent, or that that de- partment has not paid up, and they ought to pay up faster. Then verbally we would call the attention of the clerks of that department to the fact that the returns were due. The same thing was done in regard to the Mayor's department. Mr. March's attention was called to it, and he promised that the returns would be made. We told him the importance of having in as much money as possible on the 31st of July so as to make the return to Councils as favorable as it could be made. 147 Q. This was in July of 1885 ? A. Yes, sir ; and I think it was done prior to that. Q. Later in the year did you call attention to the necessity of paying the money in ? A. I do not recollect whether it was done in 1885 or not. Q. Now, do you recollect any other matter in connection with this subject w^here you communicated with the Mayor's Department urging compliance with the law ? A. Yes, sir ; I do. I think it was the third week in July that the Mayor's messenger was up at the office. I told him then ; it was Captain Leabourn ; he was there receiving some rolls or bills, or doing some business ; I asked him if he would not please give the Controller's compliments to the Mayor and say that he had probably forgotten to make his return as he had promised, and tell him the importance of having it in before the 31st of July so that the statement would show more than $2.50 paid by the Mayor's Department. Captain Lea- bourne afterwards reported to me before the 31st of July that he had told it to the Mayor, and that the Mayor had said that he would attend to it. Q. Now, was there any other communication on the subject ? A. We had some communications with him by telephone, or with his office, when it was reported back that the Mayor would attend to it. That was the substance of the communi- cations received. On the 31st of July I think, about, next — maybe about one o'clock I telephoned down, after consulting the Controller, because we always kept him posted about such things — telephoned to the Mayor's office telling him the re- turn had not been made, and that our books would close that day, and that his Department would show but the payment of $2.50 in the City Treasury, and that we did not think it would look very well. We asked him if he could not fix it up. The reply was that the Mayor was just getting ready to go to Atlantic City and had bundled up the papers, and would take them along and make his return immediately upon his return. 148 My recollection is that he said he would make a payment im- mediately on his return as of the 31st of July, so as to get in the statement. Q. Do you recollect any other instance ? A. No, sir ; I do not. Joseph W. Catherine^ being duly sworn, according to law, testifies as follows : By Mr. Roberts : Q. What is your business ? A. I am receiving teller in the City Treasurer's office. By Mr. Bardsley : Q. What are your duties ? A. I am the receiving teller in the City Treasurer's office. Q. That is, you receive the moneys ? A. Yes, sir. Q. From all the departments ? A. From all sources ; whatever is paid into the City Treasury. Q. Presume that the Mayor's messenger has come in with a payment ; what do you do ? A. I receive the money and enter it into a receipt book, which he attests. Q. Which he brings ? A. No ; into our receipt book. Q. Now, get your books and turn first to 1886 ? (The witness here produces books.) Q. What is your first receipt from the Mayor in 1886 ? A. $2.50 received. Q. When? A. February first. 149 Q. What was that for ? A. The sale of a cow. Q. What is your next receipt from the Mayor ? A. On August 20, there was received $400 for pawnbroker's licenses, and $25 for gunpowder licenses. By Mr. Clay : Q. Now, next, give us the receipts as you received them ? A. August 21, $200 00, 8 amusement licenses. 22, 2,300 00, 5 brokers' licenses. " 24, 13 25, bal. on sale of horse and wagon. " 24, 886 00, redemption of dogs. " 24, 11 90, fine of patrolmen. " ^ 24, 5,300 00, pawnbrokers' licenses. " 24, 670 00, coal oil licenses. " 27, 2 38, fine of patrolmen. " 31, 150 00, theatrical licenses. This is the total paid for 1886. By Mr. Bardsley : Q. Just show the Committee that book ? (The witness here exhibits to the Committee the book to which he had been referring in giving the figures of the re- ceipts from the Mayor's office). Q. In this book you require the person paying the money to sign. For instance, here is a receipt (indicating a receipt). That is one of the payments by the Mayor, is it ? A. Yes, sir. Q. You require the signature of the Mayor's messenger ? A. Yes, sir. By Mr. Clay : Q. On what date were the dog fees paid in ? A. Redemption of dogs, on the 24th of August. 150 Q. Tell the Committee by whom the money was paid in ? A. By John Humphries. Q. Do you know him ? A. No, sir ; I do not know him. Q. Do you know what relation he occupies to the Mayor ? A. I believe he is a messenger, but I do not know anything about him. He signed this book when paying the money into the treasury. Q. In every case, when you receive any money from a de- partment or from an individual, you fill up this receipt (indi- cating the book)? A. Yes, sir. Q. It is signed by the Treasurer and also by the person paying the money ? A. Yes, sir ; attested by the party paying the money into the office. Q. So every dollar received in your department is attested by the person paying the money ? A. Yes, sir, Q. So that if you were hereafter to say we did not receive $911.15 (indicating the receipt in the book), the signature of the person paying it would attest it ? A. Yes, sir. They are supposed to read it and see that it is correct. Q. Do you know any of the Mayor's messengers ? A. No ; I cannot say that I know any of them personally. Q. You read olF the amounts that you had received from the Mayor during this year ? A. Yes, sir. Q. What did they foot up ? A. $10,071.03. By Mr. Clay : Q. We want to take $150 off that, as we are only going up to the 27th of August. That would leave $9,921.03 ? A. Yes, sir. 151 Q. Those moneys were all received on the dates as you have received it ? A. As they are entered in the book. By Mr. Lawrence : Q. The Mayor, in his statement to the Committee, says that by contract entered into with the Womens' Branch of the Pennsylvania Society for the Prevention of Cruelty to Ani- mals, etc. (Mr. Lawrence here reads from the communication sent by the Mayor to the Committee on Saturday, the 4th instant, in relation to moneys received for redemption of dogs as being paid to his clerk, Howard March, and accounted for by the said March to the City Treasurer, etc. • Q. (Mr. Lawrence continuing his question after reading from the communication). Did you get any statement from Mr. March ? A. No, sir. All I could tell was whether it was Mr. Marsh who presented it to us. Q. It might have been sent in the same way as the other money ? A. Yes, sir ; it might have been sent by a messenger. I could not tell you just how, but can tell you who brought the money. Q. I simply wanted to know whether it was a separate thing, as the Mayor speaks in his communication about Mr. March sending it to himself. A. I know nothing about it. By Mr. Clay : Q. On what date was it you received the fees for the re- demption of dogs ? A. On the 24th of August. 152 Q. Did you receive any moneys for that purpose on any other day in the year? A. No, sir ; that is the only item for the redemption of dogs. Q. Do you remember whether the money was paid in cash or by check ? A. Sometimes the money was paid by check and sometimes in cash. Robert M. Scott recalled. Examination by Mr. Bardsley. Q. You have been asked to ascertain when the account of William B. Smith, Trustee, was closed ? A. Yes, sir. It has not been closed at all with us. It is transferred to what we call a sundry ledger. We sent notices to all the parties to close out. Q. When was the last deposit made on that account ? A. (Referring to statement.) January 23, 1882. Q. When was the last check drawn on that account ? A. November 11, 1882. Q. Since then there has been no deposit made ? A. No deposit has been made since then. There is still a balance with us to that account. Q. You are one of the receiving tellers also ? A. No, sir. I am not a receiving teller. I could tell, however, whether checks came to our place. By Mr. Clay : Q. (Check of McGarry and of Harvey and McGarry shown witness.) That one check is payable to the order of City Treasurer or bearer. We have been told that the word " bearer " was inserted afterwards. Could that change have been made in your bank ? A. It has not been made in our bank. 153 Q. Was the alteration on this check (referring to another of the checks) made in your bank ? A. No, sir ; it was not. Those alterations on these checks were not made in our office at all. Q. You would not receive these checks on deposit unless they had been endorsed as you there find them ? A.. No, sir ; we would not have received them. By Mr. Lawrence : Q. Would you receive these checks in that altered condi- tion ? A. W^hether we would have received them in that altered condition ? We might have received them and seen whether the bank would pay them. If the bank had paid them, we would certainly have thought them all right. Q. The check shows on its face that it has been altered ? A. I see it does. Q. Would your receiving teller receive a check when it had been altered, and showed so palpably that it had been altered, as these checks show ? A. We might do it to oblige a depositor. Q. You would not pay a depositor money on a check altered like that ? A. No, sir. • Q. But you would receive it and place it to the credit of a depositor ? A. Yes, sir ; with that understanding, that if the bank paid, it would be all right. Q. You think that check went into your bauk in that altered condition ? A. I do not know about that. Q. Who could say so ? A. I do not think any one could say so. Q. What I want to get at is to find out whether that check when it was presented at your bank was in that altered condi- 20 154 tion, — whether it was altered after leaving the hands of his Honor, the Mayor, or was altered before it left his hands ? A. We could not tell that. Q. The question might arise that the check was altered after it had been paid by the bank and come back to the drawer. A. Very true, it might ; we could not tell. By Mr. Bardsley : Q. Do you remember deposits made to the credit of the Mayor ? A. Yes, sir. Q. Large amounts? A. Yes, sir. Q. Do you remember what they consisted of? A. (Referring to deposit slip.) On August 24th there was the largest deposit made of $6070. I think that was the largest one. Q. What did that consist of? A. Five thousand six huudred and seventy dollars in bank check of $100, and one check of $300. Q. What were the checks ? A. I cannot tell the checks until we looked up our old de- posit tickets, which would take about an hour. Q. What was the next largest deposit ? A. Next largest was $2,000. I did not bring that slip ; I was told to bring this. By Mr. Clay : Q. What is that paper you have in your hand ? A. That is the deposit slip of August 24. (The paper produced by the witness — being the account of ^' Wm. B. Smith, Trustee," was as follows: 155 William B. Smithy Trustee^ in account with the Fidelity Ins., Trust and Safe Deposit Co. DR. CR. 1881 1880 April 17 $100 00 Dec. 8 1882 1882 May 16 115 00 May 6 17 75 00 June 23 Nov. 11 21 00 1886 Sept. 6 24 GO $335 00 By cash. $135 00 180 00 20 00 $335 00 1886 Sept. By balance $24 00 At this point in the proceedings, upon motion of Mr. Clay, the Committee took a recess for one hour. After Recess. The Committee re-assembled pursuant to the order for a recess, and there being no other witnesses present to examine, upon motion of Mr. Iseminger, the Committee adjourned to meet to-morrow, Tuesday morning, September 7, 1886, at 10 o'clock. j I i i 1 ( I THIRD DAY. SELECT COUNCIL CHAMBER. Philadelphia, September 7, 1886. The Committee re-assembled at 10 o'clock A. M., this day, in the Chamber of Select Council, pursuant to adjournment. Present : — Mr.- Roberts in the Chair ; Mr. Eckstein, Clerk, and the following members of the Committee — Messrs. Ed- wards, Bardsley, Iseminger, Claridge, Clay, Reinstine, and Lawrence, President of Common Council : of Counsel — Mr. Warwick, the City Solicitor ; Messrs Earle, Brightly, Ruddi- mam, and White, as representing the Mayor. Mr. Roberts, Chairman. I desire to say that it is the sense of this Committee that the Mayor should be heard personally, or by Counsel and by such witnesses as he may designate, and the Committee desire that he shall be so heard to-morrow morning at 10 o'clock. It Avill give the Chair pleasure, as representing the Committee, to issue orders for any subpoenas desired by the Mayor or his Counsel. Mr. White, of Counsel for the Mayor. I want to say a few words in answer to what has been just said by the Chair- man of the Committee, which has taken us somewhat by sur- prise. A few thoughts occurred to me while the Chairman was speaking, which, without consultation with my client, I will express. When this Committee commenced its labors, (157) 158 one member of it announced that it was the desire of the Com- mittee to know what the Mayor had to say about the charges made against him, and intimated that if a statement came from that source it would be investigated, and that it might not only assist the Committee in their labors, but perhaps dis- pense with any further proceedings. Upon that intimation the Mayor made a full statement, which was furnished to this Committee, relative to the facts involved, and giving the names of persons who could establish or refute them. That answer of the Mayor was submitted to this Committee. At that time we were invited to take part in this investigation, and we pro- posed so to do. But that answer, to our surprise, instead of being the first thing taken up and investigated, seems to have been ignored up to the present time. In place of calling the Mayor before you and interrogating him, and in place of call- ing the witnesses whom he announced had full cognizance of the facts, this investigation has proceeded on a different line. The very first time that one of the Mayor's counsel attempted to exercise the right we were invited to exercise, of testing the accuracy of a witness who had been called, we were stopped and informed that this was an ex parte examination. Now, I desire to say that I am not finding fault with the Committee for taking that view. I do not say but that they are right in asserting that this is an ex parte investigation, but I do desire to say that, in my judgment, it would be a farce, after the Committee has proceeded so far in its labors upon the line of an ex parte investigation, shutting out the party from all his rights whatever, to turn around now and attempt to turn the investigation into a judicial examination, and ask the other side to come in and make a defense just the same as if we had been permitted to do so from the very first. If the Committee will allow me to make a suggestion as to what seems to me to be regular and proper, I will say this, this is an ex parte in- vestigation, as you have announced ; but when I look upon the membership of the Committee I see men who I believe to be fair, impartial and judicial. I see men upon the Committee 159 ■whom I am confident, in any investigation of this kind, wilL scorn to allow personal enmity or personal prejudices to influ- ence them in their proceedings. To those men I appeal, and to them I say, that having invited the Mayor to make a state- ment, that upon them it lies to call the Mayor before them and to call the witnesses whom he has named and to investigate their statements, to hear what they have to sa}^ in the same way as other witnesses have been called who were named or presented by one whom it is unnecessary for me to state. You are here to discharge a duty, and one of the most solemn that w^as ever put upon the same number of gentlemen. I ask you to discharge it fairly, and to call the chief official of this city, the representative of this great city, before you, if you have any doubts as to the truth of his statement, and to call the witnesses, whose names he has given you, just as you have called other witnesses whose names have been furnished you through other sources. Of course, I do not propose to bind my client without consultation, but it does seem to me that this is the only regular course for the Committee to pursue. It would not have been possible for us, after we were told it was an ex parte investigation, to come in and place ourselves before this community as a party having a fair hearing. You cannot, after half the case is tried, and after a fair hearing to the other side has been denied, ask us now to come in in the way suggested. The Mayor has tendered himself to you ; he has announced that he is within the call of the gentlemen of this Committee, and on you is the responsibility whether you call only one side or whether you call both. Mr. Bardsley : — Mr. Chairman, if I properly understood the opening remarks of Mr. White, they were to the effect that it is for the members of this Committe to intimate that they have a desire to hear anything that the Mayor may have to say, either in person, or through Avitnesses. The object of the announce- ment you made was just that, nothing more or less, that the Mayor should be invited by this Committee, and requested to give this Committee the names of any persons he desired to have called in connection with this subject. He may come himself if he so desires and submit himself to such examina- tion, as the Committee may see proper. He may not come. He may send the names of his witnesses and we will examine them. If I understood Mr. White aright, he said, that upon the invitation of this Committee the Mayor presented himself through the communication presented by Mr. Ruddiman, and in that communication he gave the Committee the facts and the names of the parties, who would support those facts. It was on my own motion that an invitation was extended to the Mayor to make any commuication he might see proper to make and I used these words : "In common with others I have seen it stated in the papers that his Honor, the Mayor, has fre- quently said that the charges which the Clerk has just referred to were not true. It has always been customary, when Com- mittees of Councils were investigating Departments of the city, to first hear from the party charged ; because, perhaps, his explanation may be entirely satisfactory, and save the time of the Committee as well as the time of the witnesses. Cases have occurred where the explanations were entirely satisfac- tory. In order that his Honor, the Mayor, may have an op- portunity now, before we commence the examination of wit- nesses, I would suggest that you invite the gentlemen who represents his Honor to make any statements looking to the refu- tation of the charges that they in their judgment may deem proper. ' ' Thereupon Mr. Ruddiman thanked the Committee and handed in the communication. In that communication the Mayor makes no request for the examination of witnesses. He says, not in the communication, nor by word of mouth, but through his counsel "I stand ready to come if you desire me." There is nothing in the communication throwing a particle of light upon the charges except an admission of the amount of money he had already paid into the City Treasury. He ad- mits other matters that have since been proven to be true. Now, this Committee, at one of its sessions determined that this should be an exparte hearing. Acting under the advice 161 of counsel, it was deemed unnecessary to prolong the investi- gation except sufficiently far enough to determine whether there was a prima facie case made out, and if there was, to make a report to Common Council that articles of impeach- ment should be drawn against his Honor, the Mayor. If those articles should be drawn and presented to Select Council, then according to law and correct practice, the Mayor would have an opportunity for cross-examining all witnesses just the same as in a court of justice. As I understand it, we are sit- ting practically as a grand jury. But we are not bound by rules of law or evidence, but bound by what you might call common sense. The investigation has reached a point now when we have passed the resolution that you, Mr. Chairman have announced. We are now ready to hear the Mayor in person, or by any witnesses whose names he may give to you to be subpoenaed before the Committee. For one, it shall never be said of me that anything in my power shall be avoided that anything shall be done to prevent the strongest refutation of the charges that have been submitted to this Committee, and that the witnesses have been called to present. I do not want the Mayor, or his counsel, to dream, for a moment, that this Committee will shut their eyes, or refuse to listen to anything or everything that may come ftom his Honor, the Mayor. His communications and witnesses shall be treated with the same courtesy, the same care, the same respect as the witnesses that have already been presented be- fore this Committee. The names of the w^itnesses were given to us, and th'ey were subpoenaed, and they have been ex- amined. Now, let the Mayor, or his counsel give to you, sir, the names of any- witnesses he may desire to have examined, and we will examine them as well as we may be able. Not as well as if this thing comes to a trial before Select Council, because then they will be crossed-examined by experts, by members of the Bar, learned in the law, and not in the poor way we are trying to do it. Now, perhaps we ought to apolo- gize for the crude, and perhaps irregular manner in which the 21 162 examination has been conducted, but we want it distinctly un- derstood, that while we may be irregular in our examination, we desire to get at the bottom facts, and that they will govern this Committee to the exclusion of every other motive. Mr. White : The member of the Committee who has just sat down said that this Committee is acting as a grand jury. He may be right, as a grand jury is a body who listens to witnesses subpoenaed against a man, and don't listen to those in his favor. But I don't think that this Committee means to intimate what the gentlemen himself shows that he don't mean. He does admit that this is an ex parte investigation. The invitation now made, that we shall furnish a list of the persons who know the facts, is a different one from what I first understood. When the Mayor furnished in his answer the names of men who received those moneys, or those checks, who had charge of them, he thought that he had furnished the names of persons who would at once be called. If the invita- tion is that he will furnish the names of persons who are cog- nizant of the facts, I think it will be received with the utmost thankfulness, both by the Mayor and his counsel, and that such a list will be furnished. Of course, neither the Mayor Dor his counsel can take the position of having a full hearing before the Committee, when that has been already denied. We are not quarrelling with the Committee about it, but we say that you must take one line or the other, and proceed with the investigation in your own way. You are, of course, disposed to do it fairly. That is to say, the responsibility is upon you to show that you are investigating both sides fairly. We cannot, in the first place, however, be told that we have nothing to do with the examination ; that it is ex parte ; and be told, in the second place, that we should put ourselves in the position of having it said that we had a full and fair hearing. I will submit the proposition now made to my client, and I have no doubt that a list such as the Committee now seem to desire will be furnished. Of course the witnesses are to be called by the Committee, and not by us. 163 William B. Spittall, being duly sworn according to law, testified, as follows : Examination by Mr. Roberts (Chairman) : Q. Did you serve certain subpoenaes for the Committee? A. Yes, sir; I did. Q. Were they served by you personally ? A. Yes, sir. Howard March, being duly sworn according to law, testified as follows : Examination by Mr. Roberts, Chairman : Q. What is your business ? A. Clerk for the Mayor. Q. Did you ask to be called before this Committee to make a certain statement ? A. I requested to be called before the Committee as a wit- ness. I was writing a letter for the Committee when I re- ceived the subpoena yesterday morning abon ten o'clock. Q. The Committee will be pleased to hear any statement you may desire to make. A. I want to make a statement in reference to the recep- tion of the moneys I have taken in since I have been in the department. In doing so I will begin at the beginning. When I was appointed to the position I hold now, by the Mayor, not having held a political position before, and know- ing nothing about the duties of the office, I called upon, on two or three occasions, or visited, my predecessor in office, who explained to me the mode of conducting the business, and everything that he could, kindly, amongst which things he touched the question of money. He- said that there were 164 always occasions requiring the expenditure of money in the office, and that it would be well always to have money on hand to meet the incidental expenses of the department. Q. Who was this man ? A, My predecessor ? A 2;entleman named Mr. Jackson. I explained to him that I was not the possessor of very much money, and he said that I should follow the precedent of some others, and in regard to the paying of that over, there was no specified time for doing it, and that I could use the money for the incidental expenses of the department. I received certain moneys in 1884. I made a return of certain moneys to the City Treasurer in '84, but all the moneys received by me in '84 was not all paid in in '84. Q. That is, it is still in your hands ? A. Yes, sir. Q. You have now in your hands certain moneys which have not been paid in of '84 ? A. Yes, sir. Q. Received on behalf of the city ? A. On behalf of the city ? Yes, sir. In '85 I received certain moneys, and a portion of that money is still in my hands. By Mr. Clay : Q. You are speaking now of '85 ? A. Yes, sir ; the money has been used, or a portion of it, for the incidental expenses of the office. I cannot tell exact amounts. The warrant drawn to my order in '84 reached over $600, I think it is, and in '85 over $800, and this year, so far, it is something over $300. The money I have on hand now, not returned, is in my fire-proof safe, where it has been always, except when some of it was paid out for incidental expenses. Then I would draw a warrant for the amount in my own name, and send it to the Controller, and when I got the warrant back, I would pay it into the account, so as to 165 keep that incidental account thoroughly. It has never been out of the proof except on these occasions. I have now $1,030 in my possession in my fire-proof safe. I hold it there because I thought it was a more proper place ; because, if I deposited it before coming here and setting myself right before the committee — I thought it was better to hold it rather than to deposit it, and having the criticism before my explana- tion was given. Q. As I understand it, then, it takes a certain mount of capital to run the department, and you used that money for that purpose, instead of waiting for the money to come in ? A. No ; instead of using my own personal money. Q. And then it would be paid back ? A. Yes, sir. There are always express packages that come into the office, and there have to be purchases of stamps, which amounts to considerable, and then there are the monthly news- papers, and we get bills monthly. Q. You have to pay cash for these things ? A. Yes, sir. Q. And you advanced the money ? A. I advanced it out of those funds. Q. Have you any further statement to make ? A. Well, I want to say in reference to not turning that money in when I turned in the money for 1886 — I can only say as I told you a few minutes ago, I did not return it be- cause I thought it was more just to myself to come here and to make this explanation rather than to deposit that money and raise a criticism against myself, when I would not have the opportunity to make a personal explanation. Q. Where did you turn in the money ? A. To the Treasurer direct. Q. Not to the Mayor ? A. The Mayor has never known anything personally about my accounts. 166 Q. How about the redemption of dogs ? A. That is the money I am speaking of. Q. Does that cover all ? A. Yes, sir. There is very little other money received — some police fines have been turned in. Q. Have you a statement of the receipts of those moneys ? (The witness here produces several small books.) By Mr. Bardsley : Q. How much have you in your possession now ? A. One thousand and thirty dollars. Q. You have closed up the accounts for 1886, and have something of 1884 and 1885 ? A. Yes, sir. Q. Is there any agreement with the dog-pound people in relation to the collection of the moneys from them ? A. There is a contract entered into every year by the Womens Branch of the Society for the Prevention of Cruelty to Animals and the City of Philadelphia, and one of the items of the appropriation reads $3500 for taking up and killing dogs. I do not think those are the exact words, but that is what it means. Q. Who has that contract ? A. The Womens Branch of the Society for the Prevention of Cruelty to Animals. Q. Y^ou have not got the contract ? A. No. I have a certain copy here which I found when I went into the office. I found this copy there. It was in the office when I took possession, and I judge they are all alike. (The witness here produces the following paper :) Whereas, By Ordinance of March 11, 1871, the Mayor of the City of Philadelphia was authorized to enter into a con- tract with " The Women's Branch of the Society for the 167 Prevention of Cruelty to Animals," or any other Society or parties for the taking up, killing, and removing all dogs found running at large in the City for the year 1871. And Whereas, It was also made the duty of the Mayor in the month of December of each year thereafter to enter into a contract with some society or parties for the same pur- pose, providing the appropriation was made. And Wfiereas, By Ordinance approved February 12, 1872, the Mayor was authorized to enter into such contract for the then current year, and that thereafter he should have the power to enter into such contract at any time afterwards, when such appropriation is made. AxD Whereas, Such appropriation was made for the cur- rent year upon the day of , A. D. 187 . Notv, therefore. It is agreed by and between " The Women's Branch of the Pennsylvania Society for the Prevention of Cruelty to Animals," party of the first part, and the City of Philadelphia, party of the second part, as follows, viz. : The said party of the first part, in consideration of the covenants hereinafter contained on the part of the said party of the second part, covenants and agrees to seize, take up, secure, and safely convey all dogs found running at large in the City of Philadelphia in violation of any of the laws or ordinances of the said City during the present year, to wit : until the 31st day of December next, inclusive, and the said dogs safely to convey to their premises, situate on the Lamb Tavern Road, in the Twenty-eight i Ward of the City of Philadelphia, com- monly known as the Dog Pound, and said dogs, if not re- deemed within the term and in the manner by law prescribed, then and there to kill and to remove and dispose of the car- casses of said dogs so as aforesaid killed by them in such manner that no public nuisance shall be created thereby. And the said party of the first part further agrees and binds itself to 168 furnish, employ and pay the requisite and usual number of men, and to provide the horse, dog cart, and all the necessary and usual apperatns required for the purpose of capturing, keeping, conveying, and killing the said dogs, the City to be in no event liable for the pay of said men, or for the horse, cart, or apparatus, aforesaid, or for any expenses connected there- with. And the said party of the first part further agrees and binds itself to pay over all moneys received by it for the re- demption of such of the aforesaid dogs as may be redeemed ac- cording to law, to such officer or officers as the Mayor of the said City may designate. And the City of Philadelphia, party of the second part, in consideration of the faithful performance by the party of the first part of the covenants and stipulations above mentioned and set forth, agrees to pay to the said party of the first part the sum of three thousand dollars in City warrants, drawn according to the ordinances of said City, to be paid in twelve equal monthly instalments of two hundred and fifty dollars each. In witness whereof, The said party of the first part hath hereunto affixed its corporate seal, properly attested by its President, and the seal of the City of Philadelphia hath been hereto affixed, properly attested by the Mayor of said City this day of , Anno Domini one thousand eight hundred and seventy. Signed, sealed, and delivered in the presence of us. By Mr. Clay : Q. You say that all the moneys you received were for the redemption of dogs and for the fines of policemen ? A. Yes, sir. Q. How much money did you receive for the redemption of dogs in 1884? A. $1,140 was the total. 169 Q. How much of that have you turned into the City Treas- urer ? A. $810. Q. How much did you receive for the redemption of dogs in 1885 ? A. $1,784 was received. Q. How much did you pay in ? A. $1,084. Q. In 1886 how much did you receive ? A. Up to the present time $1,148. Q. How much have you turned in ? A. $1,148. Q. Then you have turned in this year all you have collected ? A. I turned it in the day after the City Solicitor gave his opinion. Q. From what other sources did you receive money in 1884? A. $37.34 for some goods sold by Thomas & Sons, at auc- tion. Q. Was that turned into the Treasury ? A. Yes, sir. Q. When? A. On the 8th day of August. Q, In what part of the year did you collect it — when did you receive it ? A. The $34 ? Q. Yes; the $37.34. A. It was about two or three weeks before I turned it in. Q. Did you receive money from any other sources in 1884 ? A. Not in 1884. Q. From any other sources in 1885 ? A. I was handed $30.94 for police fines. That was re- turned on December 18th. 22 170 Q. When did you receive that money ? A. I have no record of the fines I received. Q. That you paid into the City Treasury in 1885 ? A. Yes, sir ; December 18th. Q. Were there any other moneys you received in 1885 ? A. Not in 1885. Q. What did you receive in 1886 outside of the moneys for the redemption of dogs ? A. $14.28 for police fines. Q. Anything else ? A. Yes, sir. Sale of cow, $2.50, and sale of horse and wagon, $13.25. Q. Anything else ? A. That is all. Q. Has that all been turned into the City Treasury ? A. Yes, sir. Q. When did you turn this money or fines, and the money for the redemption of dogs, into the City Treasury ? A. On August 24 I returned $886, all there was on hand at that time. Q. How did you pay that, by cash or check ? A. In cash. Q. You have stated to the Committee that your reason for retaining the money in your possession was to meet the inci- dental expenses of the ofiice ? A. That was the reason. Q. Why were you compelled to use it ? A. I was not compelled to use it, but it was to help or save my own. Q. What necessity was there for using your own ? A. Well, goods have got t® be purchased. For instance, if the ofiice requires $30 or $40 worth of stamps — that cannot Ibe had without the money. 171 Q. You have knowledge of the fact that Councils appropri- ated money for the incidental expenses of the office ? A. Yes, sir ; that is where the money comes from ultimately to reimburse these moneys ; I draw bills against Item No. 23 for incidentals in my own name, and send them to the Con- troller and get the warrants. Q. Then you mean to say to the Committee that this was your practice, to use the money which came into the office, and which should have been turned into the City Treasury, for the purposes of the office, and reimburse those moneys by drawing warrants against Item No. 23 for incidentals of the office ? A. That is about the thing. Q. And you still have in your possession moneys collected as far back as 1884 ? A. 1884 and 1885, amounting to $1,030. Q. Now you said to the Committee that as soon as the City Solicitor said that it was your duty to pay the money in you turned in the money for 1886 ? A. I did. Q. Why didn't you turn in the money you had received in the preceding years ? A. I will have to plead ignorance of the existence of an ordinance requiring the return of money on any specified date. I never read it except when an article appeared in the paper on a Sunday, in which the law was quoted. I got thinking of it and on the following day, on Monday, I had a personal friend, a confidential friend of mine, who came into the office, and I took him to one side and explained to him the situation, and I said, " What would you recommend me to do — to turn this in now, or would you recommend me to hold it ?" I gave him my views, that if I paid it in at that time it might create an unfavorable opinion of me, and that I would not have an opportunity at that time to answer. We talked some time, and he said that it was his idea that something would come of this, and that he would recommend me to hold it until such time as I could make an explanation for myself. 172 Q, You merely turned in the money you kad received for 1886, and retained the moneys for 1884 and 1885, until an opportunity offered to make a personal explanation, such as you are making now ? A. Yes, sir ; I want to put myself right, because I have not done anything which seemed to me dishonest ; possibly I may have, and I know now that I have broken the law, but there was nothing dishonest in my doing it. Q. Where were all these moneys kept all this time ? A. In my fire proof safe. Q. Were they there at all times ? A. At all times, except when drawn out in these small amounts for the running expenses ; as soon as the money would come back in the shape of warrants I w^ould have them cashed, and then it would be made good. Q. Well, you knew that the only way in which to pay for the incidentals of the office was by warrant drawn against the proper item ? A. Is not that it ? Q. No. It was your duty to turn into the Treasurer any money you received, and if you needed anything for the pur- poses of the office of an incidental character it should have been paid for by warrant against Item 23. A. If I would make out a bill for a certain amount of money would the Controller countersign the warrant ? Q. Yes ; if it was accompanied by the bill. A. That may be ; but they wont trust you for stamps and such things that you want in the office. Q. I know that so far as stamps are concerned that you re- quire cash and do not get a bill. But as to the other goods that are procured for the office ? A. There are some things that we could have got, I sup- pose, in that way. There is no doubt about it. But I never gave it a thought. I conducted it myself in the same way. I did not think that I was doing any harm, and I knew that the city was losing nothing by it. 173 Mr. Bardsley : I understood you to say that when you read the City Solicitor's opinion you paid over to the City Treasurer the receipts for '86 ? A. I did. Q. If the City Solicitor had not given that opinion, when would you have paid that over ? A. I cannot say. We knew that the City Solicitor's opin- ion had been asked for, and I therefore waited for it. Q. But suppose it had never been asked for ? A. But it was asked for ? Q. When did you intend to pay this money over to the City Treasurer ? A. Do you mean, provided that there had been nothing of this investigation ? Q. Yes, sir. A. I would have returned it as I always did. Q. Did you say that you never have returned it all ? A. No ; because that was the capital I was working on for the office. Q. When would you have returned it? A. Before the expiration of my term. I cannot say when. Q. Now, when you read the City Solicitor's opinion, which moved you to pay the moneys in immediately for '86, why didn't it move you to pay the moneys in for '84 and '85 ? A. As I have explained, after taking the advice of my friend, I thought it better to hold it and make a personal ex- planation to the Committee, or whoever was appointed, rather than have myself criticized before the explanation was given. Q. You were afraid it would hurt you ? A. No, sir. Q. Or that there would be some reflection against you ? A. After thinking of it, I thought that perhaps there might be some reflection. 174 By Mr. Iseminger : Q. You did not like to turn it in under fire? A. I did not say that. Mr. Bardsley : Q. You thought you had better wait until you had an oppor- tunity of making a public explanation ? A. Yes, sir ; yesterday I had prepared a letter to the Com- mittee, asking them to give me an opportunity to make an ex- planation when I was subpoenaed by your messenger, Mr. Johnson. Q. Now, the Mayor did not know anything about this ? A. The Mayor knew nothing of this business whatever. Q. The Mayor was entirely ignorant of this irregularity of yours ? A. Entirely so, if you call it an irregularity. Q. You never consulted him as to the propriety of keeping this money on hand ? A. No, sir ; I looked at that as one or the minor rules of the office. Q. It was too small a matter to trouble him w^ith ? You did not like to bother him with talking about it ? A. I cannot say that I did not like to bother him. That i& not the word. Q. You did not think it worth while to let him know about it ? A. I took it as one of the rotine duties of the office. I thought it was all right. Q. And he knew nothing about the irregularity ? A. He knew nothing about it. Q. So that he is innocent of that ? A. He knows nothing of my accounts, as I have explained here to-day, and does not know about it to-day. 175 Q. When did you buy these books ? (Referring to books already produced by witness.) A. The small ones were purchased in the years when the entries are made. Q. But they look new ? A. Because they have been but little used. They have been in my fireproof safe. Q. You thought it better to have a book for each year ? A. I thought so. I always kept each book separately, the same as the Department Ledger. Q. Look at these entries (indicating entries in books), when did you make them ? A. I cannot tell you the dates of them. I received these moneys in a lump from the superintendent of the dog pound. Q. "When did you receive these moneys ? A. On the dates set opposite to them. Q. When did you put them down in the book ? A. Now I will explain the system I had. As a rule this money would be received by me in the middle of the day. That is the busiest time in the office. Whatever money there was I always took it and placed it in an envelope, and put on the front of it what it was for, together with the date and the amount, and then I put it in the fire proof safe. I would enter it perhaps that night, or perhaps not for a couple of nights, or a couple of weeks. It laid there in the safe. Q. Don't you think that these entries were all made at one time, with the same pen and same ink ? A. I know they were not. Q. Don't it look so ? A. Not to ray eyes, because I know they were not. Q. You have some experience in writing I presume. Look at the entries in that book (indicating a book), don't they look as if they were made with the same ink and the same pen, and the same pressure — don't they have the same general ap- pearance, as if made at one time ? But you say they were 176 not so made — that thej were only made on the dates set down ? A. I did not say on those dates. It may have laid in the safe a couple of weeks. Q. But in a short time afterwards — a week or a coupie of weeks ? A. Yes, sir. Q. They were not all made at one time ? A. No, sir. Q. Is this the 86 book ? (indicating book.) A. Yes, sir. Q. It is balanced I see ? A. Yes, sir. Q. What are your duties in the office ? A. To superintend the clerical work of the department, to see that it is done correctly, to make out the warrants for the police officers ; to find if the rolls of the Police Department are correct, and to pass miscellaneous bills ; to receive them, and to draw up the schedule specifying the respective items. Q. Do you keep the appropriation book ? A. I do. Q. Then you are practically the Chief Clerk ? A. That is the title of the position I hold. Q. Then, it is your duty when a policeman is fined to col- lect that fine ? A. No, sir. Q. Who does that ? A. It comes through the office of the Chief of Police. I know nothing of it until it is handed to me. Q. Do you keep any record of it ? A. None whatever. Q. Not until you receive it ? A. Not until I receive it. 177 Q. Now, turn in that account to any one year — take eighty- four first. What was collected in that year for fines ? A. None in eighty-four. The system was not inaugurated until eighty-five. Q. Well, take eighty-five. How much was collected for fines in the year eighty-five? A. Thirty dollars and ninety-four cents. Q. That is all the fines of the entire police force of the City of Philadelphia for that year ? A. To the best of my knowledge and belief. Q. Now for 1886, how much has been collected on that ac- count ? A. Fourteen dollars and twenty-eight cents has been returned. Q. So far this year ? A. Yes, sir. Q. For the entire police force of the city ? A. That is what has been returned to me. Q. The lieutenants collect the fines and hand the money over to the Chief? A. I do not know anything about the system. Q. Who levies the fines ? A. I do not know ; that comes in the office of the Chief of Police ; I have nothing to do with the force, except what I have said. Q. Whenever there are assessments of the police force, do you collect that money ? A. I never knew of an assessment. Q. Whenever there are contributions asked of the men, do you collect of them ? A. Not of the men individually. Q. You collect then of the lieutenants ? A. There was one occusion when the contributings of persons of the Department were handed to me. 23 178 Q. Now, sometime ago the police force were armed with new revolvers, and every man got a new revolver at a cost of some $8 or $9 apiece ? A. I don't know the cost. I know they were armed with new revolvers. Q. Who collected the money for that ? A. I have not the slightest idea. Q. You do not know ? A. No, sir. Q. You do not know anyting about it ? A. No, sir. Q. You know that they got them ? A. From hearsay of the officers in my own district, and other officers I know it. Q. You do not know who paid for them, or how they were paid for, or whether they are paid for ? A. I know nothing about them. Q. Your duties as chief clerk would not bring you into con- tact with that part of the business ? A. That belongs to the office of the chief of police thor- oughly. I have nothing to do with that office. Q. You have no connection with it at all ? A. No, sir. Q. Except to receive whatever money is handed to you in that way A. That IS all. Q. Now, after making your explanation to the Committee, it is your intention to pay over that money to the City Treas- urer immediately ? A. If I had my way it would be in the office in half an hour. I will do whatever you tell me to do. I have made the explanation. Q. It is one thousand and thirty dollars ? A. Yes, sir. 179 Q. What does that sum represent ? A. It is from redemption of dogs. Q. All dogs ? A. It came out of that. The other small items have been returned. Q. Then the $1,030 belong to the money collected from the redemption of dogs ? A. That is where I got it from. Q. So, in being returned to the City Treasury it would be returned to that account only. It represents the receipts under this agreement (indicating the agreement between the City and the Society for the Prevention of Cruelty to Animals, already introduced by the witness) ? A. Yes, sir ; the other moneys have been returned and accounted for. Q. Except this balance ? A. Yes, sir. Q. And this balance belongs wholly under this contract, (referring to the agreement) ? A. Yes, sir. By Mr. Clay : Q. Who makes the bank deposits for your department ? A. To the best of my knowledge the department has no bank deposit. Q. Who has been making the deposits to the credit of Wm. B. Smith, the Treasurer ? A. I have not the slightest idea. I have nothing to do with any moneys excepting these. Q. Cannot you tell us what subordinate of the office is charged with the duty of carrying to bank the deposits ? A. I don't know ; I never saw the Mayor make a deposit in my life, nor any one in the office ; my room is separated from his by two rooms. 180 By Mr. Bardsley : Q. Your office is the one to the side ? A. Yes, sir. Q. And it does not bring you into contact with the thorough- fare through the office, so that Major Linton could come and make deposits without your knowledge ? A. My office is here (indicating a position), and Major Linton's is there (indicating another position). Q. Your duties are entirely separate from that office ? A. Entirely separate. Q. Do you keep a bank account ? A. No, sir. Q. Did you ever ? A. I never did. Q. What acquaintance have you with the payrolls of the Department — what have you to do with them ? A. The payrolls come to me about the twentieth of the month. Q. From the lieutenants? A, Yes, sir ; each lieutenant has his payroll made out ; they come to me about the twentieth of the month with the names of the men on, to enable me to make out the warrants. Q. What do the pay rolls contain ? A. The names of the men in the department. Q. Nothing else ? A. No. Q. Not the time ? A. Not then. They are sent back, and then the time is put in, and they are returned toward the last part of the month, or perhaps before that, and the time is in. Q. But you cannot fill up the warrants until the last of the month ? A. Not until the last of the month. But the name of the party is in already. They go back then to have the time put 181 in. The calculations are made by the lieutenants. The man's time is taken — the number of days he has made — and then the calculation is made in dollars and cents. They make the cal- culations when they make out the rolls, and they come to me and I verify them ; so that they are correct. Q. Then you fill in the amount of the warrant? A. Yes, sir. Q. What do you do with the warrants? A. Send them to the Controllea in bulk to countersign ; then they are returned to me, and then I deliver them over — the warrants of every district to the lieutenant, and take his receipt for them. Q. You take his receipt in bulk ? A. In bulk for the district warrants. Q. Are you conversant with the names of the men on the pay-rolls ? A. The personel of the pay-rolls, I don't know. I don't suppose that I know 50 of the men in the City. Eaeh dis- trict is allowed so many officers, and those officers can make so much time in a month. I verify the rolls — see that the ac- counts are not overdrawn. Q. Those warrants are charged up against Item 10 ? A. Yes, sir. Q. At the end of last year, can you remember what the balance was to the credit of that item ? A. I cannot tell you now without reference. By Mr. Clay : Q. You said you had never received contributions from any of the men ? A. I said personally from any of the officers. Q. Have you received contributions or assessments from the lieutenants ? A. I never received any assessment. The department never had any. 182 Q. What about contributions — have you ever received them ? A. I have had some moneys contributed, handed to me. Q. By whom ? A. Well, by some of the parties in the office, together with some of the lieutenants. Q. Did you receive any money as contributions from the lieutenants in 1885, as coming from their districts ? A. That I really cannot say positively. Q. When can you recollect that you did receive any ? A. From some persons in the department. A great many of them, the same as myself, make contributions for the elec- tions, which I think it is right for any man to do. He has his position, and he ought to contribute to the party. Q. But I mean from the entire force ? A. I don't know that the entire force ever made a con- tribution. Q. Do you mean to tell the Committee that you are igno- rant of the fact that the lieutenants in certain districts have said over their dsks that it is necessary for the men to con- tribute ; that so much money was needed, and that the money was contributed ? A. Of that fact I am thoroughly ignorant ; it is seldom that I ever go into a station-house ; I don't suppose that I have been in five of them outside of the last visitation of the police Committee. Q. These contributions you speak of, what do they amount to? A. In total? Q. Yes. A. I don't know, sir. By Mr. Lawrence : Q. You stated that you kept a separate incidental account. Did you not say that ? A. No ; I said that I spent the money for the incidental expenses of the office. 183 Q. You have a separate incidental account ? A. For the receipts, not the expenses. Q. Is there anybody to audit that account ? A. The Controller always audits it, I suppose^ before coun- tersigninor a warrant. Q. You made no returns to anybody of the receipts for 1884, '85, but 1886 ? A. No, sir ; they were audited by the auditors of the Con- troller's office. Q. Now, about the receipts ? A. I am speaking of the receipts, the receipts in 1885. The auditors of the Controller's office called there with a memorandum of the moneys paid in by our department to the City Treasury. I showed them my receipt book, and it cor- responded with theirs. That was the audit in 1886. Q. That is for the amount of money that you did turn in. I am speaking of the money you did not turn in ? A. That has never been audited. Q. You kept that money of your own volition without knowledge on the part of the Mayor ? A. Thoroughly. Q. You have occupied your position as chief clerk in the department for how long ? A. Since the 7th of April, 1884. Q. Who authorized you to keep the city's money ? A. No one. Q. You were holding the relation of chief clerk to the chief executive officer of the City of Philadelphia, and knew it was his duty to turn into the city treasury all the money, and yet you, without any authority whatever, withheld the city's money on your own account ? A. I held it on my own account. 184 Q. Do you think that you performed your duty loyally to your chief? A. I don't think now that I did. But at the time I did not think I did anything to bring a blush of shame to him on account of my actions. Q. But when you saw in the papers a quotation of the law, you consulted with an intimate friend as to what you should do. Why did you not then consult with your chief, the Mayor ? A. Well, I thought I would rather place my case before a gentleman that I had the utmost confidence in. Q. Then you thought more of your reputation than of that of your chief? A. No, sir ; I did not. Q. You have never made a return for 1884 and 1885 ? A. Not of the balance that I have in hand. Q. No one knows you have got that except by the strate- ment you have made this morning ? A. That is it. Q. Not even the Mayor ? A. Not even the Mayor. Q. Did it not never occur to you that you were giving cause for reflection upon the Mayor ! A. Since this started ? Q. At any time ? A. I never thought of it before this thing started, but since then I thought that he had better not know it. I did it myself, and I thought that he had better not know it ; that he would not worry over it. Q. You thought it right to open a personal account of your own with the City of Philadelphia's money ? You used the money of the City of Philadelphia to pay the incidentals ? A. The incidental city bills. Q. How is it that the warrant — we will say for October — was not sufficient to pay for those things for October ? Ad- 185 mitting that it was necessary that you should have a certain^ amount of money to pay some expenses during October, 1884, how is it that the warrant that you received from the City Treasurer did not compensate for the amount you had ex- pended ? A. I don't understand the question. Q. I mean the money that you received for the expendi- tures? A. My incidental bills ? Q. Suppose that you spent $125 from the fund for inci- dental expenses of the office in October, 1884, you would draw a warrant for $125, and receive the money at the end of the month ? A. Not at the end of the month — whenever the schedule was signed by the Police Committee. Q. That is usually once a month ? A. Once or twice a month. Q. Now, if you received that $125 at the end of October to compensate you for what you had expended, why was it necessary to be continually adding to this amount ? A. I hardly know hew to explain it. I did it without giving any thought whatever to it. I kept it there not knowing what might come up. It was done thoughtlessly; that is, in reference to that amount. Q, You still allowed the amount to accumulate month after month and year after year ? A. Yes, sir ; I did it without giving it any thought. Q. And without the Mayor's knowledge ? A. Yes, sir. Q. And then, after you found out that you ought to have turned this money over to the City Treasurer, you did not consult with the Mayor, but called in a confidential friend ? A. I did not call him in ; he came into my office, and I consulted with him. I would now like to say to the Commit- tee that if you want me for anything else I will be in my office. 24 186 George H. McCaugkin, being duly affirmed, according to law, testifies as follows : Examination by Mr. Roberts, Chairman : Q. Where do you live '! A. At the city pound and shelter. Q. What is your business ? A. I am superintendent of the same. Q. Do you receive any moneys there ? A. I do. Q. For the redemption of dogs ? A. I do. Q. Do you receive any other moneys ? A. No, sir. Q. What do you do with these moneys after you get them ? A. I turn them over to Howard March. Q. How long have you been in the position ? A. I have been in full charge since the 17th of April, '85. Q. Have you got a statement of the moneys received from those sources and paid over to Howard March ? A. I have a copy here of this year, and the others are printed in pamphlet form every year by the society — a state- ment of the moneys received at the pound for various purposes, for the sale of dogs and sale of manure, and donations they may receive from private parties, and redemption of dogs. Q. Have you an agreement between the society and the city ? A. That belongs to the society. I am merely one of their servants. Q. Have you a statement of the moneys paid over to How- ard March ? A. I have for this year. Q. Since April, 1885 ? A. You will find the statement for 1885 in pamphlet form — that is, in lump. Q. Have you got it here ? A. No, sir. I have it for this year. (The witness here produces papers.) Q. These (indicating papers) appear to be Howard March's receipts for certain payments you have made for 1886 ? A. Yes, sir. They cover up from the 1st of January, 1886, until the 1st of September, 1886. Q. Here is one dated September 4, 1886 (indicating paper) ? A. That is the date it was paid. Understand me, I don't always get in at the end of the month. The end of the month may fall on a Wednesday or Tuesday, and I am not in the habit of coming in to see our Secretary and Treasurer and President until, as it sometimes happens, on Friday. Then, just as soon as I draw money I pay it over to Howard March. Q. These (indicating papers) comprise all you have paid to Howard March up to the date mentiond ? A. Yes, sir." Q. Have you the receipts which you received from him for 1885? A. I have. Q. Please produce them ? (The witness here produces receipts.) Q. These (indicating receipts) comprise all the moneys you paid him during 1885 ? A. Yes, sir. The sum total is $1,784, I think. By Mr. Clay : Q. What has been your practice in making payments to Mr. March — in check or in cash ? A. I paid him in cash. Q. Always ? A. Always in cash. 188 Bj Mr. Bardsley : Q. What do the receipts amount to for '85 ? A. $1,784. Q. When were you appointed ? A. The first of April, 1885, I was appointed assistant, and took charge as superidtendent on the 17th of the same month. Mr. Morrett was the superintendent up to the 17th of April, 1885. Q. Who appointed you ? A. The Women's Branch of the S. P. C. A. Q. Do you make returns to that Society of the moneys you pay over to the Mayor's office ? A. I do. We receive a duplicate receipt like that (indica- ting a receipt). Q. So they know exactly what you pay in ? A. They know every cent paid. Q. How often do you pay this money into the Mayor's office ? A. Generally once a month. There is one receipt there on the 12th and one on the 13th of August, one for $210, and one for $234. That was when Mr. March was not in the City. I did not see him to pay it to him. He was away on his va- cation. Q. How did you come to get two receipts on the same date ? A. It was done in that way so that we might know the- amounts for the different months. Q. This is for the month of June (indicating a receipt) ? A. Yes, sir. Q. And it is dated August 13th ? A. That is the date I received it. Q. Why didn't you pay it before ? A. I could not pay it before, because the man was away» Q. So you paid them both on the same day and took sepa- rate receipts ? A. Yes, sir. 189 Q. So as to keep the months separate ? A. Yes, sir. Q. And you hand to the Society a duplicate receipt ? A. I do. By Mr. Claridge : Q. I believe you said that you generally pay Mr. March in cash ? A. I always. Q. What did he do with the money ? A. He generally put it in an envelope — a large envelope like an official envelope and wrote on it — always wrote some- thing on it. I remember of seeing on two or three occasions the words, "Redemption of Dogs," and the amount and the date. But I got so used to it I didn't bother about it. All I wanted was my receipt when I paid over the money. Q. He has already told us that he put the money in an en- velope ? A. So he did. He put it in an envelope and wrote on the back of it. Two or three times I noticed it — " Redemption of Dogs," and the month and the amount. Then he placed the envelope with the money inside in a little compartment in his safe. He has a large safe in his office, and there is a small compartment, about this square (indicating with his hands). He would put it in there and close it up. Q. He has already informed the Committee of that, and I wanted to know whether you saw him do it ? A. I did, most emphatically I saw him do it. By Mr. Bardsley : Q. Were there any moneys received prior to your appoint- ment in '85 ? A. Yes, sir. I think $86. I received $100 from the 17th of April until the end of April, and then I think $86 was re- ceived by Mr. Morrett, and he has his receipt. 190 Q. How much was received in '85 ? A. $1,784. Q. And how much was received in '86 ? A. Up to September, $1,148.» Q. And how much to the first of August ? A. $886. Mrs^ Elizabeth Deviyie being duly sworn, according to laWy testified as follows : Examination by Mr. Roberts, Chairman. Q. Where do you live ? A. 1810 Stiles street. Q. Do you know Daniel Rosenthal ? A. Yes, sir. Q. Did you go on his bond as pawnbroker ? A. Yes, sir. Q. When did you do it ? A. The first Sabbath of January. I went to his house, and he asked me if I would go on his bond. Q. Of what year ? A. Last January. I went on it last year also. I said yes. I went down to see a marriage that was going to take place in his family. He said "I am going to pay my license this coming week." I said, "very well." He said "you can come down any day when it suits you." Well I came down in the early part of the week — not the first day, but about the second. When I went into the Mayor's office, where I went before when I went on his bond. Major Linton was not in. I took a seat and waited for him. He came in directly after I got in, and Mr. Rosenthal went to his desk. I sat in a chair, and after I was in there a little bit he called me up to the 191 desk. He asked me " are jou going to go on Mr. Rosenthal's bond?" I said "Yes." Do you own real estate?" I said "Yes." "Is it encumbered?" I said "No, and I am a widow lady." Q. Well, you went on his bond ? A. I did. Q. Did you see him pay for his license ? A. I seen money laying on the counter ; I was sitting on the chair ; I was opposite, and the desk was between us ; when I went to sign my name on the bond, then I seen this pile of money laying along side the desk ; I put my signature on his book, and I would know my signature wherever I would see it ; as we came out, he bid Mr. Rosenthal some time of day, and he said, "All right Mr. Rosenthal." Q. Who said that ? A. Major Linton ; as I came down the stairs I said to Mr. Rosenthal, "Are you all right?" and he said, "Yes, and I will get my license in a few^ days." Q. All we want to know is did you see him pay the money? A. I saw the money on the desk along side. Q. Y^ou and Major Linton and Mr. Rosenthal were the only ones there ? A. No ; his brother was there also ; he saw the same pile of money that I did. Q. Was that money there when you went in there. A. I did not go in there until I was called to sign the bond, and then I seen the pile of notes there ; I should suppose I would not be called on to sign the bond if he had not paid his money, and the clerk would not have said "All right Mr. Rosenthal, I will send you " — I suppose it must have been his license. By Mr. Claridge. Q. Then you really never saw Mr. Rosenthal pay the money ? You only suppose ? A. It is not a supposition ; I am confident he paid the money, because nobody was in the office when we w^ent in ; we 192 liad to wait for the messengor to come in ; we were the two earliest applicants there ; and then he asked him this question, and he would not if he hadn't the money ; I saw the money laying on the desk. Q. But you really do not know whether he ever paid the money ? A. I would be qualified that he paid the money. Q. How could you be qualified that he paid it when you did not see him ? A. I am sure that the money was not there when we went in. Q. How could you be sure about that when you were not in the room ? A. I was in the room. I went in the room in the first place, and then took a seat and waited until he came in. Be- fore he came in, I looked around and looked at the desk, and there was no money there ; but when he came in and called me up, I seen the money. Q. But you really did not see him pay the money ? A. I did not, because I was not called up until the money was paid. But I seen it there, and I know it was not there when I went in, because generally I look around me. I saw no money on the desk. Q. It might have been there covered over ? A. It is not likely it was covered over. I look around pretty sharp. I did not see any money covered up. Mr. Bardsley. — The other day when Mr. Rosenthal was on the stand, giving the same character of testimony as this lady has been giving, Mr. Ruddiman, of counsel for the Mayor, commenced to cross-examine the witness. You will remember I took the liberty of objecting to it, because we thought it was wrong. I have since learned from counsel for the Mayor that their only object at that time in cross-examining the witness, was to endeavor to satisfy themselves as to the payment of this $100. If the Mayor should be convinced from the witnesses that the $100 was actually paid in the office, he proposes to assume 193 it and pay it to the City. Counsel thought it might assist them in arriving at a just conclusion on that particular point, by cross-examining the witness. I did not learn of this until afterwards, when I was so informed by Mr. Brightly. Now, I would suggest that if counsel for the Mayor desire to cross-examine this lady, they should have the right to do so. Mr. Roberts (Chairman) : There is no objection to that Do you wish to cross-examine the witness, Mr. White ? (ad- dreesing Mr. White, of counsel for Mayor Smith.) Mr. White : No, sir. Mr. Ruddiman is now absent, and I know nothing about the subject. I have no questions to ask. Solomon Linse, recalled. Examination by Mr. Roberts, Chairman : Q. Do you know Mrs. Etta Hyman ? A. I do. Q. What business has she been engaged in ? A. Pawnbroking. Q. When did she give it up ? A. This spring. Q. How long had she been at it ? A. Some years. Q. Do you know anything about her paying for a license this year ? A. Well, I met her in the office the same day I paid my license. Q. In what office ? A. In Major Linton's office. Q. Did she pay her license ? A. I seen her and the bondsman sign the book. Q. Did you see her pay any money ? A. I did not. 25 / 194 Q. And you do not know whether she paid the money or not? A. . I could not positively say. Q. You merely know that the bond was executed ? A. Yes, sir ; her bondsman and herself, I seen them sign. I presume, of course, it was a bond. It was a book similar to what I had signed. Q. But you do not know anything about her paying the money ? A. No. By Mr. Reinstine : Q. Is it the custom to pay the money before the bond is executed, or to pay the money after the bond is executed ? A. The usual custom is to pay the money at the same time the bond is executed. Q. The bond is of no value unless the money has been paid ? A. I should judge they would not take the bond without tlie money. Thomas B. Lovatt, being duly sworn, according to law, testi- fied as follows : Examination by Mr. Roberts (Chairman) : Q. Where do you live ? A. My residence is No. 224 Lombard street. Q. What is your business ? A. An auctioneer. Q. Do you know Mrs. Etta Hyman ? A. I do. Q. What business was she engaged in ? A. She was then in the pawnbroking business in South street. 195 Q. What do you know about her paying for a license in the early part of the year ? A. Well, I happened to be present in Major Linton's office that morning when she came in, I saw her go to Major Lin- ton, and I saw her bondsman sign his name on the bond, and I saw her take out her pocketbook, and saw her take money out of it. Then my attention was attracted to another part of the room and I turned my head around. I suppose, of course, that she paid the money. Q. But you did not see her pay it ? A. I did not see her give it to Major Linton, but I saw her take the money out of her porte-monnaie. After that I walked down the street with her as far as Walnut street, and on the way she made a ramark to me which satisfied me that she had paid the money. By Mr. Clay : Q. What was the remark ? A. That the gratuitous fee of $5, which most of the brokers gave to Linton, she did not pay. She said she thought that $100 was sufficient, and I did not give Linton no present. By Mr. Claridge : Q. Then you did not see her pay the money, and you only suppose it from her taking money out of her pocket-book that she intended to pay ? A. That's about it. But there is no doubt but that the money was paid. I have been there on former occasions, and I never saw anybody sign a bond until the money was paid. J. Lewis Crew^ being duly affirmed, according to law, testi- fied as follows : Examination by Mr. Roberts, Chairman : Q. What is your business ? A. I am in tho petroleum business. 196 Q. Wholesale or retail ? A. Wholesale. Q. Where? A. At 113 Arch street. Q. Did you pay a license for the privilege of conducting your business ? A. We did. Q. Did you pay it in 1885, last year ? A. I have not examined for that purpose. My subpoena only called for 1886. Q. Did you pay any license for 1886 ? A. I did. Q. When did you do it ? A. The cash book shows it to be January 8th. Q. Did you pay it in cash, or by check ? A. My cashier informs me that it was paid in cash. Q. How much was it ? A. $20. Q. Did you pay any fee in addition to it ? A. That is all. Q. To whom did you pay this money ? A. I cannot answer that, for the clerk who attended to it is now in our branch office in New York. The answers I have given are the ones from the cash book. By Mr. Reinstine : Q. There was a receipt given ? A. Yes, sir ; but in the fire in January many of our papers were destroyed. I have looked for it, but I could not find it. Q. Has any license been given ? A. Not this year. Q. In former years you had them ? A. Yes, sir ; very soon after the application. The usual mode wag to send the money, and then the fire marshal would 197 come down in two or three days and make examination of the premises, and if everything was in accordance with the require- ments the license would be sent in two or three days after- ward. Q. You paid this money in January last ? A. Yes, sir. Q. And have no license up to this date ? A. No, sir. By Mr. Roberts, Chairman : Q. Have you asked for a license ? A. I do not know, because the clerk who attended to that in May or June went to the New York office. James S. Stevenson^ being duly affirmed, according to law, testified as follows : Examination by Mr. Roberts (Chairman) : Q. What is your business ? A. I am in the oil business. Q. Wholesale or retail ? A. Both. Q. Whereabouts A. No. 132 South Second street. Q. Did you pay a license in 1885 for the privilege of con- ducting your business ? A. Not to my knowledge. Q. Did you go on conducting business without a license ? A. Without a coal oil license ? Q. Yes. A. Yes, sir. Q. Did you pay any license in 1886 ? A. I did. 198 Q. When did you pay it ? A. On February 26th. Q. How much did you pay ? A. $15. Q. In cash, or by check ? A. By check. Q. Please produce it ? (The witness here produces a check). Q. Did you pay anything beyotid it ? A. No, sir. . Q. No fee in connection with it ? A. No, sir. By Mr. Beinstine: Q. Have you received your license yet ? A. No, sir. Q. And you paid in February ? A. Yes, sir. Q. Last year you had no license ? A. No, sir. Q. And you have no license this year ? A. No, sir. William Richardson^ being duly afl&rmed, according to law, testified as follows : Examination by Mr. Roberts (Chairman) : Q. What is your business ? A. The oil business. Q. Wholesale or retail ? A. Both. Q. Where are you located ? A. No. 2 Chestnut street. i 199 Q. Did you pay anything for a license in 1885 ? A. Not an oil license. Q. Did you, in 1886 ? A. Yes, sir. Q. How much ? A. $20. Q. That covered the wholesale and retail both ? A. Yes, sir. Q. How did you pay, by check or in cash ? A. In cash. Q. Have you got a license ? A. No, sir ; not yet. Q. Have you asked for it ? A. No, sir. Q. Was this money paid for the business in your own name, or in somebody else's name ? A. For the Alpha Oil Company. Q. You are testifying about a license paid for by that com- pany, and not about a license taken out in your own name ? A. Yes, sir. I am the treasurer of the company. Mr. Clay : I move that the Committee retire for consulta- tion before we proceed any further in this examination. The question being upon the motion of Mr. Clay, It was agreed to. Whereupon the Committee retired into the Chamber of Common Council for consultation. Upon returning to the Committee room Mr. Roberts, Chairman : The chair will announce that the remainder of the coal oil witnesses are excused. 1 200 Col. Robert P. Dechert^ recalled : Examination by^Mr. Roberts, Chairman : Q. Can you tell the Committee how much money was paid to special officer William Lang? A. He first appears on the police pay rolls in February, 1885, and he last appears in May, 1886. I said in my testi- mony yesterday that the name had disappeared in August, and I supposed then that it was so ; but an examination shows that the name was not on either the June or July rolls. I have brought these rolls here. (The witness here produces papers.) Q. How much was paid him up to that time ? We wish to inquire in regard to the following : William Lang, W. R. Baldwin, Joseph R. Ash, Warren King, John F. Smith, A. K. Gray, and Reserve Officer Geiger? A. Very well ; I am prepared now to answer with regard to all except Smith and Baldwin. I was not heretofore informed about those. Warren King was on the roll from August, 1884, to December, 1885. In 1884 he received $1,384.14, and in 1885 he received $908.70. In the case of Geiger, whose name appears on the July and August rolls of the present year as not doing any time, he has therefore received no pay. He appears on the rolls, but as not doing any time. By Mr. Clay : Q. When does his name appear ? A. It appears on the August rolls. By Mr. Bardsley : Q. How about July ? A. It is the same in July ; but he drew no money, as he had no time. Now, as to Joseph Ash. He had 9 days time in May, 1886, as a substitute, and received for it $21.42. In June he received, including his clothing warrant, $75.78. 4 201 Bv Mr. Clav : •/ •> Q. What did he get for clothing ? A. $4.33 and $71.40 for pay, making the total I havegiven^ you. In July he received $73.78. By Mr. Bardsley : Q. How much was for clothing ? A. Nothing ; that was all pay. In August there was a claim of $78 on the pay roll, but the warrant has not been signed. Now, as to Gray. He first appears on the roll in^ January, 1886, and is borne continuously up to August of the- present year. Gray received in January, 1886, $73.78 ; in February he received $66.64; in March, $73.78 ; in April, $71.40 ; in May, $73.78 ; in June, $28 for clothing and $71.40 for pay, making $91.40; in July, $73.78; and in- August there was a claim for $73.78, but the warrant has not been signed. By Mr. Edwards : Q. You have withheld your signature from from the warrant ? A. Yes, sir ; I hold it in my office. As soon as I return to my office I will prepare a statement about the cases of Smith and Baldwin. Lang received in 1885, $823.53. Q. Do^es that include clothing warrants ? A. Yes, sir. By Mr. Clay. Q. How much did he get for clothing ? A. Of the amount given for 1885, $35.75 was for clothing. Q. In 1886 ? A. $342.72, not including any clothing. By Mr. Bardsley : Q. Was your attention ever called to what is known as dog money — that is, money received for the redemption of dogs ? A. Only as having been paid in by the Mayor to the Cit^ Treasurer. 26 202 Q. You had no check or certificate from the society that collects this money ? A. No, sir. I learned the other day that the dog catchers have printed receipts, which they fill up and give to persons who pay them money on the streets. That was the first knowledge I had of it, and I made up my mind that I would look it up and have that portion of the account audited. Mr. Bardsley : The society that has charge of the work employs an officer, and he collects the money and pays it over to the Mayor, receiving receipts in duplicate, one of which he hands to the society, and keeps the other. Of that money the Chief Clerk of the Mayor to-day acknowledges to the Com- mittee that he has $1,030, collected in 1884 and 1885, yet in his possession, which he proposes to turn over immediately to- day to the City Treasurer. Colonel Dechert : That is the first I heard of it. Mr. Bardsley: I merely call your attention to it, so that hereafter you may have that account audited. ■Joseph R. Ash, being duly sworn according to law, testified as follows : Examination by Mr. Roberts Chairman : Q. What is your business ? A. I am a police officer. Q. Where do you live ? A. No. 1109 Charlotte street. Q. How long have you been on the police force ? A. Since the 22d of May. Q. Of this year ? A. Yes, sir. 203 By Mr. Bardsley : Q. Are you on it now? A. I am supposed to be. Q. Why do you say " supposed to be " ? A. I am. But I am not doing any duty while here. Q. Don't you know that you are on the force ? A. Yes, sir. Q. Of course you are not in uniform ? A. No, sir. Q. Have you ever been in uniform ? A. No, sir. Q. You have a uniform ? A. No, sir. This is all the uniform I have, (indicating his clothing.) Q. During this time you have drawn a certain amount for clothing. I believe it is customary ? A. I believe so. Q. Whether you buy a uniform or not, you draw the money ? A. I suppose so. I have not been on long enough to know. Q. Are you on as a regular or as a sub ? A. As a special officer to Capt. Quirk. Q. To do what? A. To enforce the different ordinances. Q. And you have been continously on since May 22d. A. Yes, sir. Q. In order to perform that duty, it is not necessary to be dressed in uniform ? A. No, sir. Q. Now, what city ordinances have you enforced ? A. Such as blockading pavements, and in looking after fur- niture car licenses. Q. That line of duty takes you all over, I suppose ? A. North of Poplar street and east of Broad street. 204 Q. You are on duty during the day ? A. Yes, sir; from about 8 o'clock to 6 or 7. Q. You say from eight o'clock to six or seven ? A. Yes, sir. Q. During that time, every day, you are on duty north of Poplar street ? A. Sometimes I have to come down to the Central. Q. To report ? A. Yes, sir. Q. Have you ever arrested anybody ? A. No, sir ; there has been no occasion. Q. You have not found it necessary ? A. No, sir. Q. A word of caution has been sufficient ? A. Yes, sir. Q. That is better than arresting these people ? A. Yes, sir. Q. Do you ever report at special periods at the Central ? A. Not always ; sometimes I report at Tenth and Thomp- son streets. Q. Is that the district on the pay roll of which you are ? A. No, sir ; I am on the Fifteenth District. Q. Where is that ? A. Out at Frankford. Q. Can you explain why you are on the Frankford District pay roll ? A. I suppose there was no vacancy anywhere else when I was appointed. Q. Of course the Mayor has the right, wherever there is a vacancy, to appoint a special officer ? A. I suppose so. 205 W. B. Baldwin, being duly sworn, testified as follows : Examination by Mr. Roberts, Chairman : Q. Where do you live ? A. Frankford. Q. What is your business ? A. I am a special officer in the Fifteenth District, under Lieutenant Dungan. Q. How long have you been there ? A. Two years and one month, the first of this month. By Mr. Bardsley : Q. What are your duties ? A. I am detailed for special duty in weighing coal for station-houses at the present time. Q. All the station-houses in the city ? A. All the houses in the City of Philadelphia, German- town, Manayunk, Chestnut Hill, and all around. Q. How much of your time is taken up with this work ? A. When I am at it, it is taken up pretty much every day in the week. Some weeks it does not take all the time. Q. You are not at it all the time ? A. No, sir ; on some days they do not haul — coal men. Q. Is it not the fact that in the summer season the Police Department purchases its coal for the entire season ? A. Yes, sir ; that is the idea. Q. What do you do, then ? For instance, in the months of October, November, December, January, and February last, what did you do ? A. I was putting in coal last year, weighing coal. Q. In those months ? A. Yes, sir. 206 Q. But I thought you said the bulk of the coal was put in during the summer months ? A. That was last year. Q. How is it this year ? A. They commenced this year on the 25th of June to put it in. Q. When will they get through ? A. That I cannot tell you. Q. How is it regulated ? How many station-houses are there ? A. Twenty-six. Q. How many tons of coal go into each one ? A. Some have 30 and some 40, 45, and 50. Q. How long do you take to weigh 30 or 40 tons of coal? A. If it is all hauled in a day I can do it in a day, but it may take two days to do it. Q. How long did it take you to weigh up and see put into the cellar thirty or forty tons of coal? A. For instance I put in, in the First District forty tons in one day. Q. That is all they sent ? A. Yes, sir. Q. That was the last for a year or about twelve months ? A. Yes, sir. Q. That was one day ? A. Y^es, sir. Q. Now take another district ? A. In the Second District I was about two days. Q. Take another district — any district? A. For instance, I went to the Falls of Schuylkill to put in ten tons, and I had to go there two days to do it. Q. To put in ten tons ? A. Yes, sir. 207 Q. How was that ? A. Because thej wanted me to come out at noon, but I was engaged at the other yard here and could not come out until three o'clock, and so I had to go back the next morning to finish it. Q. On an average in the districts it would be about two days ? A. Two or three days. Q. But the average would be about two days ? A. It would be all that, if not more. Q. Then, for twenty-five districts it would be fifty days ? Now, what other duties were you performing on the three hundred odd days of the year ? A. When I commenced putting in coal this year, I was su- perintending the pavement around the station house in the Fifteenth District at Frankford. Q. When you were putting coal in ? A. When I commenced putting it in. Q. Then you stopped putting in coal ? A. No, I stopped superintending that job. I left that and went to putting in coal. Q. How long were you at laying the pavement ? A. I do not know ; about three weeks, I think. Q. Then you stopped that and went to putting in coal ? A. I left that to be finished by some one else, and went to putting in coal. Q. How long have yon been on duty as a patrolman ? A. Two years and one month. Q. You are a patrolman detailed for special duty ? A. Yes, sir. Q. Have you been detailed for any other duty excepting putting in coal ? A. Yes, sir ; I have superintended putting up the fences around the station-houses by order of the Mayor, and super- intended putting up the fences in the Twenty-fourth District. 208 Q. How long were you in your own district superintend- ing putting up fences ? A. I do not know. Q. About how long ? A. Nearly a month altogether. Q. What kind of fence was it ? A. An iron fence part of it, and part of it wood. Q. You say a month ? A. We were over three weeks. Q. Was it a contract job or day's work ? A. A contract job. Q. And you say the contractor was three weeks ? A. On the two fences. Q. And you superintended, seeing that it was done accord- ing to contract ? A. Yes, sir. Q. The Lieutenant was there on duty every day ? A. Yes, sir. Q. In addition to that you superintended putting up fences where ? A. At Bellgrade and Richmond streets. Q. How long were you there ? A. About a week. Q. That is about twelve weeks altogether, as I make it out of the 52. That leaves 40 weeks. What were you doing those 40 weeks ? A. Are you speaking of this year ? I superintended dig- ging out around the station house and sodding and gravelling, superintended the digging out the roadway around and filling in. After I got that work all done I went to work fixing up the station house last winter, and was at it until spring, Q. You used to be the Lieutenant there, I think ? A. I was the Lieutenant there twelve years and seven months. 209 Q. Then you were under several Mayors ? A. Mayor Stokley and King and the presant Mayor ? Q. You gave entire satisfaction, of course, or you would not have been there. A. Yes, sir. Q. Why were you removed ? A. The only explanation the Mayor gave was, he said that he wanted a younger man. Never was a scratch of a pen or any charge against me. Q. He only wanted a younger man ? A. Yes, sir. Q. And then he had enough sympathy for you to find you this job ? A. He offered me the job of superintending any work where it was contract. Q. There never was such a position before in the depart- ment ? A. I cannot tell you. Q. So far as you know ? A. The sergeant under me was detailed to build a station- house out there by Mayor King. Q. But so far as you know, there never was a man perform- ing the duty that yon are presumed to perform ? Whom do you report to ? A. Lieutenant Dungan. ■Q. Every day ? A. If I am not down in the city putting in coal, I do. Q. Where do you live ? A. In Frankford. Q. You have always lived there ? A. I have lived there twenty-six years. Q. Is it customary for special officers to draw clothing war- rants ? A. I believe it is now, at the present time ? 27 210 Q. Then it was not always so ? A. That I cannot tell you. Q. Why did you say, then, that you believe it is at the present time ? A. Well, I get mine. Q. Well, was it always customary for Special Ofl5cers to be paid for clothing ? A. I never had a Special Officer while Lieutenant — only a patrolman taken olF the street, and put on in that way. Q. You never had a Special Officer charge in your district ? A. There was one appointed in the Court on my roll. Q. What to do in Court? A. He takes charge of the cases brought in by the police. Q. Is he always in Court ? Does he wear a uniform ? A. A blue uniform, the same as this, (indicating his cloth- Q. You mean a police uniform ? A. No, sir. Q. Did you pay him his clothing warrant ? A. He was paid at the Central. Q. He was detailed from your district ? A. He was on my roll. Q. You certified to his warrant ? A. No, sir ; he was just carried on my roll and he was paid at the Central. Q. You certified to his pay ? A. I did not keep his time. Q. Then you certified to his time ? A. Not to the best of my knowledge. It is two years and over, and I may have forgotten. Q. So far as you remember, there was only that Special Officer charged on your pay roll ? A. Yes, sir. 211 Q, You certified, when* you were a Lieutenant, to the time made by all your men ? A. Yes, sir. Q. And you certified their clothing warrants ? A. Yes, sir. Q. And you certified to this ofiice for the — to the clothing warrant, presumably ? A. I suppose so. Q. You cannot remember exactly ? A. No, sir. Q. When you have no coal to put in, what do you do then ? A. I report to the Lieutenant, and if he has anything for me to do I did it. Q. And if he has not ? A. I do nothing ? Q. How much of your time is engaged in doing that ? A. I generally have something to do every day — some little thing or other. Q. Around your station house, or somewhere else ? A. Around the station house. I have no business of any , kind but that. Joseph Isaacs Harvey, being duly sworn, according to law, testified as follows : Examination by Mr. Roberts (Chairman) : Q. Do you know Mrs. Etta Hyman ? A. Yes, sir. Q. Where do you live ? A. The store is 520 South street. Q. What kind of a store is it ? A. A pawnbroker shop. Q. You say you know Mrs. Etta Hyman ? A. Yes, sir. Q. Do you know anything about her payment of a license in January of this year ? 212 A. No, sir. She asked me if I would go on her bond. I told her that I was very busy, but as I was going in that direction that I would go there, and I went over and signed the bond. I told Major Linton that I was busy and he let me sign the bond, and I went away while she was sitting there. Q. Then you did not see her pay the money ? A. No, sir. Q. You do not know whether she paid it or not? A. No, sir. William L. Bung an, being duly sworn, according to law, tes- tified as follows : Examination by Mr. Roberts (Chairman) : Q. Where do you live ? A. In Frankford. Q. What is your business ? A. I am the lieutenant of the 15th police district. Q. These two men who have testified have served in your district ? A. Wm. B. Baldwin has. Q. Has Joseph R. Ash served in that district ? A. No, sir. By Mr. Clay : Q. Who makes up the rolls of that district ? A. I do. Q. Who placed the name of Joseph R. Ash on the pay roll? A. I did. Q. By whose instructions ? A. By Captain Quirk's, commanding the Third Division. Q. Do you not make oath to the correctness of the pay rolls ? A. Yes, sir ; through Captain Quirk, — that is, for Joseph Ash. 213 Q. How can you swear to it, when he is not under jour supervision or control ? A. I go to Capt. Quirk at the end of the month, and ask him how much time the man has made. Q. Then you swear to it on information ? A. I have not sworn to any pay-roll. Mr. Ash was ap- pointed a patrolman in my district, the same as any other man, and was assigned to a number — No. 681. Q. As to his time, you say that you received it from the Captain ? A. Yes, sir. Q. Mr. Baldwin's time you make up yourself? A. Yes, sir. He reports to me every day. Q. Every morning at the station house ? A. Yes, sir. Q. Does he report to you in the evening, also ? A. Well, not as a general thing If I have any particular business for him to do, he is there. Q. As a rule, does he attend morning roll call ? A. Not the roll call, but he is there. If I have any place to send him to, he goes there, or any business for him to tran- sact, I send him to do it. Albert C. Allison^ being duly sworn, according to law, testi- fied as follows : Examination by Mr. Roberts, Chairman : Q. Where do you live ? A. In Manayunk. Q. You are the lieutenant of that district ? A. Yes, sir. Q. What district is it ? A. The 18th. Q. Do you know John F. Smith ? A. I do. 214 Q. Is he in the service of the police department ? A. He was, up to the first of the month. Q. How long had he been ? A. He was assigned to mj district as a regular officer ; I think either on the 6th or 7th of last April, and then he was detailed for special service. Q. Where did he live in that time ? A. I don't know. Q. What service did he perform ? A. He was detailed to superintend the alterations of the twenty-fifth district house on Moyamensing avenue below Dickinson street — a new district. Q. And he was on the payroll of your district in Mana- yunk ? A. He was detailed for that especial service, and I carried him on that roll. By Mr. Bardsley : Q. What did you say he was doing ? A. Superintending the alterations of the twenty-fifth dis- trict house — a new district down there. Q. That is the old Shiffler hose house ? A. I don't know that. Q. When did he first appear on your roll ? A. I think either on the 6th or 7th of April. I don't know the exact date. Q. Who certifies to his time ? A. I do. Q. On what information ? A. On information from headquarters that he is making full time. All special officers make full time. Q. That is the custom ? A. Yes, sir — ever since I have been in the department, and I have been in it for ten years. Q. He was put on your roll because you had a vacancy ? A. Yes, sir. 215 Q. You have no control over him ? He does not report to jou? A. No, sir. Q. You don't know anything about his qualifications for the work ? A. No, sir. Q. Did JOU ever see him ? A. I did. Q. How many special officers have you on your roll ? A. I have one now. Q. Who? A. A man detailed from the ranks to do special duty in my district. Q. How long has it been since you had more than one ? A. From about the 6th or 7th of April to the first of this month. Q. How many had you then ? A. Two. Q. How many had you previous to that ? A. One. Q. You generally carry one or two ? A. Yes, a patrolman detailed out of the ranks to do special service in my district. Q. In citizen's clothes ? A. Yes, sir. Q. Now, when a man is detailed for special service like patrolman Smith ; does he receive his clothing warrant ? Is that the custom of the department ? A. That is the custom of the department for all special officers to receive clothing warrants. Q. It is the custom ? A. Yes, sir. Q. Regardless of whether they dress in uniform, or not ? A. I do not know. I know that my special officer was measured for a uniform, but a different uniform from what the police have. 216 Q. I suggest Smith. He wouldn't appear in patrolman's uniform to superintend the erection of that house ? A. I should think not. Q. Did he receive his clothing warrant ? A. I suppose he received a portion of it. Q. I mean a portion. A. The 6 months' clothing warrant handed on July 31st, and from April 6th or 7th to July 31st, he was entitled to the amount of the clothing warrant. Q. You issue the clothing warrant semi-annually ? A. Twice a year. Q. In April and October ? A. In July 31st and the last of December. Q. Was Smith on the roll in July ? A. Yes, sir ; from the 6th or 7th of April to the 1st of this month. Then he resigned. Q. Then he received his clothing warrant in July? A. I presume so. Q. Don't you have to certify that he is entitled to it ? A. I certify to the pay roll — to every man on it. Q. His clothing warrant was in his pay? A. The clothing warrant is in along with the monthly salary warrant. Q. Is it a separate warrant ? A. No, sir. Q. It goes in with the other warrants ? A. We used to get them separately. ' Q. It is $20 ? A. $20 for every six months — $40 a year. Q. So in July Smith received the additional $20 on his month's pay? A. No ; he was entitled from the 6th or 7th of April up to that time. Q. That is his proportion of the six months ? A. Yes, sir. 217 By Mr. Roberts, (Chairman.) Q. Have you as many officers as you need in Manayunkto cover the ground properly ? A. Certainly not. Q* We sometimes hear that there are not enough officers, and I wanted to know. A. I could place fifty officers there readily. Q. Then, when a man is put on your pay roll, and detailed to work in the southern part of the city, you are just that much worse off than Councils mean you to be ? A. I am one man short. Q. You have work for this man in your district if you could have had him ? A. Yes, sir. By Mr. Bardsley : Q. Sometime ago, I presume, the Mayor it was, issued an order asking every member of the force to provide himself with a new revolver, and the department furnished the revol- vers. Were the men required to pay for them ? A. The men did pay for them. Q. Did you collect the money? A. I did. Q. How much from each patrolman ? A. $8.04. Q. And paid it over to the Chief? A. No ; I did not pay directly to the Chief ; I paid it at headquarters. Q. Whom did you pay it to ? A. I think I paid it to the Captain in my division — the Fourth Division. The officers have always been buying their- pistols. They never were furnished by the city. 28 218 William L. Dungan^ re-called. Examination by Mr. Bardsley : Q. How many special officers have you on your roll ? A. Two. Q. Baldwin is one, and who is the other ? A. Ash. Q. Are you accustomed to carrying two or more ? A. Accustomed to carrying two. Q. How long have you been Lieutenant ? A. Since August '84. Q. Since that time have you carried more than two? A. No, sir. Q. Have you carried two all the time? A. No, sir. Q. Then you have carried one ? A. I carried one until Ash was appointed. Q. Only Mr. Baldwin ? A. Yes, sir. Q. Have you any other special officer ? A. I have one patrolman detailed, acting as a special officer, wearing citizens clothing. Q. In the district ? A. Yes, sir. Q. I mean detailed out of the district ? You have only two detailed out of the district — Ash aud Baldwin ? A. There are three men besides those detailed out of the district. Q. What are their names ? A. Harry Stanwood, who is detailed in Court — who has charge of the police cases in court ; and John Wear, who is detailed to Chief Kelly. Q. Who is the third one ? A. Alfred Bye. 219 Q. What does he do ? A. I don't know. Q. Where does he go to ? A. He reports to Chief Kelly. Q. That makes two out of your district who go to Chief Kelly for orders ? Mr. Wear and Mr. Bye — is that correct ? A, Yes, sir. Q. That makes you five special officers, none of them doing duty in your district ? A. Yes, sir. Q. How many men have you on your roll ? A. Forty-four. Q. And five of them don't do duty in the district. A. No, sir. Q. How long have these two men been with Chief Kelly ? A. Alfred Bye was appointed on October 14, 1884, and John Wear January 1, 1885. Q. They all make full time of course ? They tell me that is the custom ? A. Yes, sir. Q. Do they ever report to you ? A. No, sir. Q. What does this man do at court? A. He has charge of all the police cases. Q. Does he belong to the Court — under the control of the Court ? A. I cannot answer that question. Q. You don't know what he does, only that he has charge of the police cases ? A. Of the police cases in the Court. Q. You don't know what his duties are at all at the Court ? A. No, sir. 220 Q. Who gives you a return of the time made by Mr. Wear and Mr. Bye ? A. Chief Kelly. By Mr. Clay : Q. What are the limits of your police district ? A. 22 square miles. By Mr. Roberts : Q. It comprises the Twenty-third ward ? A. Yes, sir. Q. Are 44 men enough to cover that District ? A. Well, it is a good bit not policed at all, and never has been. Q. Are there enough men to do police duty there to pro- tect the city in that portion where you have work to do ? A. We have been getting along very nicely ; yes, sir. Q. You have enough men ? A. Yes, sir. Edwin L. Usilton, being duly sworn according to law, testi- fies as follows : Examination by Mr. Roberts : Q. What is your business ? A. Lieutenant of the Fifth District. Q. Do you know Warren King ? A. No, sir. Q. Has such a man ever been on the pay roll in your dis- trict ? A. Yes, sir. Q. How long has he been ? A. He went on July 7, '84. 221 Q. When did he go off? A. September 31, '85. Q. You don't know him ? A. No, sir. Q. Did you ever see him ? A. No, sir. Q. Is there such a man ? A. I suppose so. Q. What makes you think so ? A. Well, the Chief told me he was a good man, and ought to be put on secret service under Chief Kelly. Q. That is the sort of service he is doing ? A. Yes, sir. It was not wanted to be known by the public generally. Q. Don't you certify once a month about the work done by him ? A. Yes, sir. Q. Do you know A. K. Gray ? A. Yes, sir. Q. How long has he been on the rolls in your Department? A. He went on January 1, 1886. Q. Is he still on ? A. Yes, sir. Q. What sort of work does he do ? A. He is on special duty under the charge of Chief Kelly. By Mr. Clay : Q. When did you say Warren King went on duty ? A. July 7, 1884. Q. When did he cease acting ? A. December 31, 1885. Q. Have you any other special officers in your district besides King and Gray ? A. Two others. 222 Q. Where do they do duty? A. At my station — Adam Crumley and Potts, a colored officer. Q. So you have four special officers ? A. No. King is off now. Q. Two of them do regular duty in the district, and one i& under Chief Kelly ? A. Yes, sir ; or Chief Stewart. Q. How many officers have you in the district ? A. Thirty-nine. Q. What are the limits of your district ? A. It is the Eighth Ward. Q. It is very thickly built up ? A. Yes, sir. Q. Almost entirely ? A. Yes, sir. Q. Do you have enough officers there for the purposes of the district ? A. Well, J don't think there enough officers in the city ; we ought to have as many again. Still, we have done very well. Of course we need men for special duty. Q. Every officer who is detailed for a special duty, who is on your rolls — curtails your ability, in a police sense, to pro- tect your district ? A. No, sir. Sometimes special officers are of more use than those in uniform. I don't know but what those officers are doing work in the district. Q. You have thirty-nine officers who do duty in the Eighth Ward, and two are in citizens garb. Gray is on your roll, and doing duty at the Central Station ? A. Yes, sir. Q. If you had a patrolman doing duty in Gray's place you would have a place for him ? A. He may be doing duty in my district, down there ; I don't know. I had once to send a colored man away up town 223 to do duty. It was because we did not want him to be known. It was in regard to the policy racket. Gray and other special officers may be doing duty in my district. Q. Did you ever see Warren King ? A. No, sir. Q. Did you ever see the man represented to be Warren King? A. I never asked to see him. Q. How many men of that kind are there in the depart- partmen ? A. I cannot answer the question. Q. All you know is the one out of your district ? A. Yes, sir. By Mr. Bardsley : Q. Do you know a man named Buck, within the last year or eighteen months on your roll, who performed special service ? Do you remember any such name ? A. No, sir. Q. Or Beck? A. No, sir. Q. You would remember if there had been any suck a man ? A. I think so. A. Buck or Beck ? A. I think so. I have had a great many changes in my district, and I would have to look over the books to tell some of the names. Q. Does Officer Gray ever report to you ? A. I have seen him frequently. Q. What is his name ? A. I always thought he had a middle name. Now they say it is plain Alexander Gray. Q. How long have you known him ? A. Some time. 224 Q. How long has he been in the service ? A. Fifteen or sixteen years. Q. In what capacity ? A. He was a patrolman for some years. Q. And then what ? A. Then detectire awhile down here. Q. He is the man commonly known as Alec. Gray ? A. Yes, sir. Q. He is on your roll as A. K. Gray ? A. Yes, sir. Q. You get his time from Chief Kelley ? A. Well, if he loses any time they would report it to me and I would dock him. Q. King is not on now ? A. No, sir. Q. He was dropped off by orders from the Central ? A. The Chief. Q. When was he dropped ? A. December 31, 1885. Q. Then Gray came on immediately ? A. Yes, sir. Q. So that King was dropped and Gray came on right away ? A. Yes, sir. Q. The Department could not stand without their places being filled, I suppose ? How many subs have you ? A. We have three subs, but we have several vacancies to fill yet ; we get outside subs to work in their places. Q. Subs only take the places of men who are off sick or absent ? A. Yes, sir. 225 By Mr. Clay : Q. Do you know the man, who drew the warrants, by the name of Warren King ? A. It was taken out at the Central. Q. Do you know the man who drew the warrants for War- ren King ? A. No, sir. Q. You are positive about that ? A. Yes, sir. By Mr. Bardsley : Q. All your warrants for your thirty -nine men came to you? A. Mr. King's did not. Q. It was taken out down at the Central ? A. Yes, sir. By Mr. Clay : Q. Who got the warrant at the Central ? A. I cannot tell you. I don't know. Q. Didn't you carry a man by the name of Burns on your roll? A. Yes, sir. Q. How long did you carry him ? A. From May 12, 1884, to October 18, 1884. Q. Did he report to you ? A. He was there doing duty as a clerk for the physician — Dr. French. He had a great many men to examine when he first went in. Of course they were in my house every day. By Mr. Bardsley: Q. That is why he came to be on your roll, because the examinations were made in your house ? A. I suppose so. Q. He was detailed for that special duty? A. Yes, sir. 29 226 Q. He kept the records and wrote out descriptions ? A. Yes, sir. When they got through the biggest portion of that he resigned. Q. He was only on for the time being, while the examina- tions were going on ? A. Yes, sir. Francis R. Kelly^ being duly sworn, according to law, testi- fies as follows : Examination by Mr. Roberts, Chairman : Q. What is your business ? A. Chief of detectives of the city. Q. Do you know William Lang ? A. Yes, sir. I know a man by that name. Q. Is that his proper name ? A. It is not. Q. Why do you call him William Lang ? A. Because his name is on the rolls in that way, for the purpose of procuring his warrants for him monthly. Q. Does he do any work for that pay ? A. He did — valuable work — secret service. Q. Would it be improper to have that work known ? A. It would disclose the work that he has performed, and it would be against the best interests of the public service and my department. Q. Then this man did valuable work under that name ? A. Yes, sir. But he is not on the rolls of the department now. Q. How long was he on the rolls ? A. He made seven days in February, 1885, and continued up to the 25th day of May, last. 227 By Mr. Clay : Q. How many officers in the department have you doing special duty under you ? A. At the present time ? Q. Yes. A. Not any. Q. How many have you had from time to time ? A. Two. Q. Did you know a man who passed under the name of Warren King ? A. I did. Q. Did you deliver his warrants to him ? A. I delivered the money. That was done for the purpose of not having him to go where he would be likely to be seen, getting his warrant cashed. Q. You. did that same thing with the man who passed under the name of William Lang ? A. Yes, sir. Q. This was done for the purpose of concealing their identity ? A. Yes, sir. Q. They were doing secret duty altogether ? A. Y^es, sir. They gave me secret information which was of benefit in my department. And it must be plain to all by the work which has been accomplished in the city in that way. Q. You say you have no special officers under you now ? A. No. Q. Up to what period of time have these special officers been under you ? A. On the twenty-fifth of May last, Lang was dropped, and in December King was dropped. Q. You have no men doing this kind of duty since Lang and King severed their connection with the Department ? A. No, sir. 228 Q. Do you know Alexander Gray ? A. Yes, sir. Q. Does he report to you ? A. No, sir. That was a mistake of the Lieutenant. Q. What part of the Department does he report to ? A. I believe he is under Chief Stewart, but I am not posi- tive about that. I have seen him up and down in the Chief's Office. Q. You know nothing about the character of the service he is doing in the Department ? A. No, sir. By Mr. Bardsley. Q. How many men have you in your office ? A. Seven detectives. Q. Seven recognized detectives, provided by ordinance ? A. Yes, sir ; and myself as Chief of the Department. I have some men detailed as special officers. Q. How many of them ? A. Officer Stanwood, who is the court officer ; he keeps the court records of the trial, of criminals. Q. What district is he from ? A. I believe that he is on the rolls of the 15th — a Frank- ford District. Then there is Officer John Wear, who is there at night in charge of the Central Station, to take complaints, and answer telegrams and do such duty. Q. He is in the office to receive telegrams and such things ? A. Y^es, sir ; to take complaints of any one who may come to make complaints. Q. What is Officer Jones there for ? A. He is not under me. He has a position after 12 o'clock in the Mayor's Office ; he is not in the detective department. Q. Officer Wear is in your department ; and you consider it necessary to have such a man there ? A. Quite necessary. 229 Q. You do not want to detail one of your seven experts. A. No, sir. Q. How many more have you besides Stanwood and Wear? A. Officer James Tate, a special officer. I believe he is on the rolls of the Fourth District. Q. What does he do ? A. He has special duty to perform, a duty the same as a detective officer. Q. What others have you ? A. There is James Linton. His duty is to make daily records of the reports of the special officers of the entire city. The returns are submitted to me in writing by the special officers of the different districts. Q. Then you do not simply file those away ? A. No, sir ; they are copied into a large book, which is used for reference and information in the department. Q. Then he acts as clerk ? A. Yes, sir. Q. What other special officers have you ? A. I believe that is all. Q. What other employees have you, then ? A. No other, except the seven detectives and myself, and the special officers named. Q. Do you know an officer named Bye ? A. Yes, sir ; I omitted to state that he is a special officer, detailed as a horse detective. Following up information about stolen horses. Q. That is another detective ? A. A special officer. Q. When Councils make an appropriation for a Chief and seven detectives, what right have you to put on other detectives ? A. On account of the force being small and the necessity of an increase in the force. 230 Q. Who do you think ought to be the judge of that ? A. Well, myself. I suggest to the Mayor and the Chief. Q. The Councils might just as well make an appropriatian for three or four, or none ? A. It would be better if they would make an appropriation for about ten. Q. You think that your judgment is superior to the judg- ment of Councils ? A. No. But I am in the position to be the best judge of the number of men it takes to perform the duties. Q. So it does not make any difference to you how many Councils say you shall have ? A. Well, Councils said that we should have that many a number of years ago, and since then the city has increased, and the criminal classes have increased. Q. But Councils have refused to increase the number ? A. I think that was bad judgment. Q. According to your judgment ? A. Yes, sir. Q. It does not make any difference to you what Councils do, as you put them on as you pleose ? A. No, sir. Only three or four. I told you that they per- form a good service, and their services are certainly required. Q. Do you think you have the right to increase your force fifty per cent. A. Well, some men have distinguished themselves, and have asked that they be transferred to the Central Station, as men capable of doing detective duty. Q. Was the Mayor aware that you increased your force of detectives ? A. He knows that I have special officers assigned there. Q. Acting as detectives ? A. Yes, sir. 231 Q. And he permits the Ordinance of Councils to be thus cle'Brly violated ? A. He followed custom. Mayor Stokley had six special officers, besides eight detectives. Q. Some people thought that all of the detectives had best be abolished. A. The public will be the best judge of the services they have rendered under the present administration, when the condition of the City is taken into consideration, and the number of criminal classes — and what has been accomplished. No city in this country is so free from the depredations of the criminal classes as Philadelphia. Q. So that if Councils should refuse to increase your force you would still add to it according to your judgment, and carry it on with as many men as you thought necessary to do the work. A. No, sir. I am subject to my superior officers. Q. You are acting directly under the directions of the Chief of Police and the Mayor ? A. The Chief of Police, I take my orders from, and he confers with the Mayor. My orders come from the Chief of Police. Q. Then it was he who told you to increase your force of detectives ? A. I suggested it. Q. It was on your recommendation ? A. Yes, sir. By Mr. Clay : Q. You know that robberies are still going on in the city ? A. There are a number. We cannot suppress all of them entirely, there are a few and the public generally know about them. 232 Q. That shows that the system which you have put in vogue does not have the effect of entirely ridding the city of these people. A. Not entirely. That would be impossible, but it is about as close as you can come to it. Of course, people are coming back into the city, and some of them are finding their houses have been robbed. All such cases have not been reported to us yet. But the officers do the best they can. It is impos- sible to entirely stop it. By Mr. Lawrence : Q. If I understand you rightly in regard to Warren King and Lang, there is a class of detective work to be performed, and the persons who perform it should not be known by any person except yourself ? A. Yes, sir ; It is quite necessary to perform such duty. Q. In such a case, you take a person or persons and giva them an assumed name on the pay roll, so that it shall not be possible for them to be known as being connected with your department ? A. That is the idea. It is to cover up their identity. Q. It is to prevent their identification, that you draw the warrants of those persons and receipt for them, and draw the money and pay them the money ? A. Yes, sir. Q. You do it simply for their protection, and to enable them to properly fulfill the duties you assign them to perform ? A. Yes, sir. Q. That is the way you account for the names of William Lang and Warren King on the pay rolls, without anybody ap- pearing here to testify that they are the identical persons named ? A. Yes, sir. At this point, upon motion of Mr. Clay, the Committee took a recess for an hour. 233 After Recess. The Meeting reassembled at 2.30 o'clock P. M., upon the termination of the hour fixed for the recess. Mr. Clay : — I desire, Mr. Chairman, to state that one of the members of the Committee is very desirous of getting away as early as possible this afternoon. Consequently I will now move that the Committee adjourn twenty minutes past three o'clock, until to-morrow morning at 10 o'clock. The question being upon the motion of Mr. Clay. It was agreed to. Edward M. Lyons^ being duly sworn, according to law, testi- fies as follows : Examination by Mr. Roberts (Chairman) : Q. What is your business ? A. Lieutenant of police. Q. Of which District ? A. Of the Twenty-third District. Q. Do you know William Lang ? A. I do not. Q. Was he ever on the rolls in your district ? A. He was. Q. When? A. I cannot give you the date. He was on over a year — somewhere in that neighborhood. I received orders from headquarters that William Lang had been appointed in my district for special or secret service at the Central Station. Q. You never knew him ? A. No, sir. 30 234 By Mr. Clay : Q. How many special officers have you in your district ? A. I have three with Lang. Q. What are the names of the others ? A. James Colburn and John Carpenter. Q. Where do they do duty ? A. In the district and sometimes out of the district. Some- times in and sometimes out of the district. Q. Have you any other special officers ? A. No, sir. Q. Those are the only three yon have ? A. Yes, sir. I think I never had more than three specials. Alexander Crray^ being duly sworn, according to law, testifies as follows : Examination by Mr. Roberts, Chairman : Q. Where do you live ? A. No. 181 0 Camac street. Q. What is your business ? A. A police officer. Q. You are on the police force ? A. Yes, sir. Q. How long have you been ? A. Since the 1st of January, 1886. Q. In what district ? A. The Fifth District. Q. What is the character of the service you perform t A. Special duty. Q. In that district ? A. In that district and other districts. 235 By Mr. Bardsley : Q. What other districts ? A. All the districts — the city at large. Q. Who details you ? A. The Chief of Police. Q. Mr. Stewart? A. Yes, sir. Q. Are you on duty now ? A. Yes, sir. Q. What have you been doing this morning ? A. I decline to answer. Q. Why do you decline to answer ? A. Because it might injure what I am doing. Q. What were you doing yesterday ? A. I was absent from the city yesterday. Q. What were you doing ? You said you were on duty ? A. I did not say so. Q. Then you were not on duty yesterday ? A. No, sir ; not actual duty. Q. What were you doing the day before ? A. I was absent from the city. Q. With leave ? A. Yes, sir. Q. The leave of Chief Stewart ? A. Yes, sir. Q. Where were you ? A. I was down in Maryland. Q. Where were you last week ? A. In Philadelphia. Q. What were you doing ? A. I was moving part of the time. Q. Your household goods ? A. Yes, sir. 236 Q. What else were you doing ? A. What do you mean ? That is a pretty broad question. Q. What kind of duty were you on ? A. Special duty. Q. What kind of special duty ? A. For the Police Department. Q. What kind of special duty were you on ? A. Engaged on cases connected with the Police Department. Q. Yes, I presume that. Now, what were you doing ? A. I decline to answer. Q. You decline to answer ? A. I do. Q. How long have you been a special officer? , A. Ever since the 1st of January, 1886. Q. Have you been on special service all the time since ? A. Yes, sir. Q. Will you tell us anything you have done since the 1st •of January, 1886 ? A. No, sir, I decline positively to answer. Q. You will not tell us anything ? A. No, sir. Q. What part of the city were you on duty in at any time since the 1st of January, 1886 ? A. In different parts of the city. I will not specify. Q. You decline to answer even that ? A. Yes, sir. Q. Have you been in the city all the time since January 1st? A. No, sir. Q. How much of the time? A. A great deal of the time. Q. About how much ? A. Part of the time I was in New York. 237 Q. I am not asking you where you were ? A. I could not tell you. Q. About? A. I cannot tell you. I did not keep any account of it. I did not have any idea that this question was to be asked me. Q. It was not necessary for you to know that in advance in order to tell us what we want to know. You ought to know. Now, you have been on duty eight months since the first of January, have you? A. Yes, sir. Q. Have you drawn eight months pay ? A. Yes. sir. Q. Draw full pay ? A. Yes, sir. Q. Have you ever appeared in police clothes ? A. No, sir. Q. Now, how much of the eight months have you been in the City of Philadelphia ? A. I don't know how much. Q. Half the time ? A. Yes, sir. Q. More than that ? A. Yes, sir. Q. Have you been here six months of the time ? A. Yes, sir. Q. At least ? A. Yes, sir. Q. Perhaps seven months ? A. I could not tell. Q. Well, about six months you say you have been here ? A. Yes, sir. Q. Will you tell us where you were the other two months ? A. At different places — at Atlantic City, Pottstown, and in. New York. 238 Q. Were you there on official business ? A. Yes, sir. Q. Who sent you to those places ? A. The Chief of Police. Q. What official business did you do at Atlantic City ? A. I decline to answer. Q. You won't tell this Committee what you were doing at Atlantic City ? A. I reported to the Chief of Police what I was doing. Q. But you decline to tell the Committee what you were doing ? A. Yes, sir. Q. Were you in any business there ? A. No, sir. Q. Were you a detective there ? A. I decline to answer that question. Q. Will you say that you were not a detective there? A. I was not a detective there. Q. Were you on police duty connected with the City of Philadelphia ? A. Yes, sir. Q. Were you on police duty, connected with this city, in New York ? A. Yes, sir. Q. How long were you in New York ? A. I was there several times ; I was in New York sometimes two days at a time, sometimes one day. Q. You were sent over there by Chief Stewart? A. Yes, sir. Q. At Pottstown you also spent some time ? A. Yes, sir. Q. Were you there on official business ? . A. Yes, sir. 239 Q. How long were you there ? A. Four days at one time. Q. Was it on secret police duty ? A. I decline to answer that question ; It was on police duty. Q. Was it on public police duty you went to Pottstown ? A. No, sir. Q. Was it on private police duty. A. If you will explain that question a little different I may answer you maybe. Q. A few minutes ago you said that you were not on public police duty at Pottstown, or do you say that you were there on neither public or private police duty ? A. I said I was not on public police duty. Q. Were you there on private police duty ? A. Yes, sir ; for the City of Philadelphia. Q. When you were at Pottstown, then, you went on private police duty for this city ? A. It is not supposed to be known what I was on to the people there, if that is what you mean. Q. I am only asking you and not the people of Potts- town. A. I will try to answer your question. Q. I want to know whether you went to Pottstown on pri- vate police duty for the City of Philadelphia ? A. Yes, sir. Q. And you were there four days ? A. Yes, sir. Q. I presume you were after criminals ? A. I decline to answer what I was after. Q. For two months since the first of January you have been absent from the city, and you say that you were here for six months and have drawn eight months pay. Who directs your movements ? A. The Chief of Police, Lieutenant Usilton. 240 Q. That is, of the Fifth District? A. Yes, sir. Q. Did you ever report there ? A. Yes, sir. Q. When? A. Frequently. Q. When did you report there last ? A. Last week was the last time I was there. Q. What day of last week was it ? A. I was there on Thursday and Friday. Q. Did you report on roll call ? A. No, sir. Q. What time in the day was it? A. It was not in the day time, but the night time. Q. Did you see the Lieutenant there ? A. No, sir. Q. Each time that you were there ? A. Yes, sir. Q. He knows you doesn't he ? A. Very well. Q. Perfectly well ? A. Yes, sir. Q. If he should say that you had never reported to him, you would wonder at it ? A. I certainly should, if that is what you mean by report- ing. Him and I were together in the station, in his room. Q. What were you doing prior to the first of this year ? A. I was connected with the Police Department for very near fourteen years. Q. Right up to the end of last year ? A. Up to the 6th of November. Q. Of last year ? A. Yes, sir. 241 Q. And between that and the end of the year, you were not doing anything ? A. Not a thing. Q. What position did you occupy in the Police Department of the city ? You say you were on the force about fourteen years ? A. Very near fourteen years. Q. What w^ere you doing ? A. different things — patrolman, special officer and detective officer. Q. Were you a detective officer in the last position? A. Yes, sir. Q. What were you discharged from the service for ? A. I decline to answer that question. Q. What were you discharged for ? Was there anything disagreeable about it ? A. I don't think it is a matter of public interest. Q. Certainly it is, because you are a public officer. Now if there is anything disagreeable to you in it A. There was nothing criminal about it. Q. I suppose not. Hence, I say that if you do not like to answer you need A. The papers were full of it at the time I was discharged. Q. That is the reason why I want to know ? A. I was discharged for an alleged neglect of duty. Q. You do not think you neglected your duty ? A. No, sir ; I di not think so myself. Q. No ; of course not. You remained for duty until the first of the year ? A. Yes, sir. Q. Then the Mayor reinstated you as a patrolman ? A. Yes, sir. 31 242 Q. And since then you have been doing private detective work ? A. Yes, sir. Q. Why is it you are not under the chief of detectives ? A. There are many special officers in the City of Philadel- phia not under the chief of detectives. Q. They are not all under him ? A. No, sir. Q. Are there any other private official like you who receive orders from Chief Stewart. A. That I cannot say. I do not know. Q. It was rumored in the city that you were engaged in other occupations during the last three or four months. Was there any truth in that ? A. I did not have any other occupation. Q. Did you engage in the service of any other person or persons, since the first of January. A. Not one. Q. Did you do work of any kind, or perform any services for anybody in New Jersey, or in Philadelphia, except for the city of Philadelphia, in this year. A. No, sir. Q. But still you decline to say what you were doing at At- lantic City. A. I certainly do. I report to the Chief of Police, and he would be the proper one to tell. Q. Perhaps he might explain. He kno|vs what you were doing ? A. I do not know what he would explain. Q. Did he know what you were doing ? A. Yes, sir. Q. Of course, then he was satisfied with you ? A. Yes, sir. 243 Q. You were merely carrying out his orders? A. Yes, sir. Q. How long were you at Atlantic City at one time ? A. What do you mean by that ? Q. I mean how long consecutively, without coming back to the city ; were you there a month at one time ? A. No, sir Q. Were you there two weeks at any one time ? . A. No, sir. I was back and forward all the time. Q. What was the greatest number of days or weeks you were at Atlantic city without coming back to this city ? A. No number of weeks. I was up here, back and for- wards. I Avas up here every week. Q. Where you there every week ? A. I was up here every week. Q. Did you live at Atlantic city ? A. My family has been there every summer for ten years. Q. Perhaps you went down in the afternoon, like a great many others, and came back in the morning. Did you stay there as long as a w eek at a time ? A. Not so long as that. Q. Is your family down there now ? A. No, sir ; they are living at 1810 Camac street. Q. You have just moved in ? A. Yes, sir ; on last Wednesday, in time enough to get on the extra assessment. At this point the committee adjourns to meet to-morrow morning, September 8, 1886, at ten o'clock. FOURTH DAY. SELECT COUNCIL CHAMBER. Philadelphia, September 8, 1886. The Committee re-assembled at 10 o'clock A. M., this day, in the Chamber of Select Council, pursuant to adjournment. Present : — Mr. Roberts in the Chair ; Mr. Eckstein, Clerk, and the following members of the Committee — Messrs. Ed- wards, Bardsley, Iseminger, Claridge, Clay, Reinstine, and Lawrence, President of Common Council ; of Counsel — Mr. Warwick, the City Solicitor ; Messrs Earle, Brightly, Ruddi- man, and White, as representing the Mayor. AN OMISSION. In the rush in getting out a transcript of my notes of yes- terday's testimony the following, which should come in on page 197, just previous to the testimony of Mr. Stevenson, was overlooked : SAMUEL B. COLLINS Stenographer. At this point Mr. Ruddiman, of counsel for Mayor Smith, who had been absent from the Chamber, enters. Whereupon — (245) 246 Mr. Roberts, Chairman : I wish to state to you, Mr. Ruddiman, that the subject of the payment by Daniel Rosenthal has just now been under inquiry. The Committee having been informed that if the matter of this payment could be made plain his Honor, the Mayor, desires to assume the responsibility for it, and to pay the amount into the City Treasury. If you have any cross- examination to make of the witness in this respect you are now at liberty to do so. Mr. Ruddiman : At an earlier stage of this investigation I made an effort, on the invitation of the Committee, to cross-examine a witness concerning this matter, Avhen I was informed that this was an ex parte proceeding, and that I could not further proceed in that direction. I have only to say that I now understand my position, and will maintain my self-respect by not asking any questions of the witnesses. Mr. Roberts, Chairman : I notice the presence of his Honor, the Mayor. Does he desire to be heard before the Committee ? Mr. White, of counsel for the Mayor : We have handed to the Chairman of the Committee a list ot witnesses, as we were requested to do yesterday — of such wit- nesses as could throw light upon the facts that have been shown. Having been shut out from taking an active part in the proceedings, of course we don't propose at this late hour to do so. But we have furnished to the Committee the means for information, and we presume that, as they are anxious to receive information on this subject, it will be their pleasure to call the witnesses whose names we have given. Their names appear on the paper we have handed in, and I think they are all present, iucluding my client, the Mayor. 247 John McLaughlin, being duly sworn, according to law, testi- fies as follows : Examination by Mr. Roberts, Chairman : Q. Where is your residence ? A. 1505 Green street. Q. We have been listening to 'the proof of certain charges made against his Honor, the Mayor, in the management of his Department, and we would be pleased to hear any statement you have to make. A. I have no knowledge of the charo-es that I have seen in the papers at all. I came here at the request of General Stewart, the Chief of Police, to answer any questions you may have to put in relation to the purchase of revolvers and ammu- nition. I have no other knowledge, except on that subject. Mr. White : I desire to say that Mr. McLaughlin can furnish all the facts in relation to the revolvers, their price, etc. By Mr. Roberts, Chairman ; Q. Did you furnish the revolvers to the Police Department ? A, Yes, sir. I will say, in explanation, that during the time of the labor troubles, the riots in different parts of the country, we received a letter from Smith & Wesson, manufacturers of revolvers, enclosing a copy of a letter from General Stewart, in which inquiry was made about the rates at which that firm could supply revolvers of a uniform character, weight and calibre ; and they requested us, as their agents, to see the police authorities in regard to the matter. I called on General Stewart and stated the case. He said that they proposed to arm the police, and were looking around for the best revolvers at a moderate price, and asked what our quotations on them would be. I gave him the lowest price at which they could be had, for that kind of a pistol — of 32 calibre, double action, Smith & Wesson. The price at that time in the largest quan- 248 tity was $9.35. He said that the men had to pay for these pistols out of their own pockets, though probably they would be reimbursed by Councils, and that it was on that account that he wanted to have the price as low as possible, and said that other pistols had been offered him at lower prices. He requested me to write to the manufacturers, stating all the circumstances, and see if we could not get an abatement in the price. I said that the firm was very strongly fixed in their prices, and I did not think they would make a reduc- tion ; but we wrote a letter to the manufacturers, stating the circumstances in the case, and there was a great deal of cor- respondence and telegraphing, and we were finally authorized in their name to put them at any price that we thought proper. In consequence of this we fixed the price to General Stewart at $7.50, which was |1.85 below the lowest wholesale price. He accepted that price and gave us the order. Q. Then he used due diligence in regard to getting a low price ? A. Well, he got them at $1.85 lower than I had any idea they could be bought for — $1.85 lower than the lowest price. If you were to give an order for a thousand of them, $9.35 would be our price, Q. Are they as good a pistol as could be had for that price ? A. Yes, sir ; he wanted pistols of a certain weight and calibre. Q. How many did you supply ? A. The order was for fifteen hundred, and we supplied twelve hundred and odd, and are still carrying one hundred and fifty until the time when there are funds to buy them. Q. So he bought below the market price as good a pistol as any other in the market ? A. Yes, sir ; $1.85 below. 249 Q. Was there anything extra with the pistols that increased the price to the officers ? A. The order embraced a box of fifty cartridges for each revolver, and a leather holster. The cartridges were charged to the police at the lowest price, at which they are put up by the million, $6.60 per thousand, which made the price for fifty cartidges 33 cents. The holsters we had manufac- tured as well and as cheaply as possible, at $2.50 per dozen, and I was told that the police paid cost price, 33 cents for a box of cartridges and 21 cents for the holster, making the total which the policemen had to pay, $8.04. Q. Then there appears to have been nothing made out of that by the Department, so far as you know ? A. Nothing, whatever ; I think the policemen could get a dollar or two advance on each pistol to-day. Q. Then they could be resold at a profit ? A. Yes, sir. James Stewart^ Jr. being duly sworn, according to law, testi- fied as follows : Examination by Mr. Roberts, Chairman. Q. What is your business ? A. I am the Chief of Police. Q. We will be pleased to hear any statement that you wish to make with regard to these charges against Mayor Smith. You are probably informed about them ? A. Yes, sir. I will say that I am in ignorance regarding most of the charges. The only thing that I thought especially affected my branch of the service, is the question arising as to these pistols. There are some other things, of course, about the men being placed upon the rolls, and the way in which they have rendered their services that I am somewhat familiar 32 250 with. I am ready to answer any questions the Committee shall ask. Also I can give some information regarding the fines imposed upon the policemen. That was a question that was asked Mr. March yesterday, and probably I can give you some information about it. Q. Please tell us anything you want to about that? A. When the present administration first went into power, my first punishment for a slight dereliction consisted of charg- ing the man — that he should lose his pay from the city. After a short time, however, I concluded that those people who had rendered services to the city and received no pay for them, might probably have just cause to mandamus the city, and so I changed that course and instituted a set of fines ; but in a short time that was changed again and we concluded not to fine them, except under rare circumstances, but to suspend a man for a slight dereliction and to put a sub on. During 1884 the fines that were imposed upon the men were brought in by the lieutenants, after the men had received their pay, and were handed directly to me, and I paid the money over on the same day to the City Treasurer. I have my receipts from the City Treasurer for them — the same day when I got the fines. On September 6th I turned into the City Treasury ^69.02— in 1884. On October 7th, $16.66 ; on October 10th, $9.52 ; that embraces all the fines for that year. By Mr. Clay : Q. Upon what dates had those fines been imposed ? A. In the month preceding that in which they were turned into the City Treasury. If they were fined in August they would not get their warrants until September, and then they were turned over to the lieutenants, and they would take the amounts, Q. You got the warrants on the first of the month ? A. No, sir ; rarely before four days, and sometimes six or seven days after. 251 Q. Saj that you got them on the fourth — you ayouIcI deduct the fines from the officers punished ? A, Yes, sir. Q. What was done with the money ? A. It was handed to me, and on the same day I always sent it to the City Treasurer. Q. On the very day ? A. The very day received. You notice that the largest amount was on September 6th. So that they got the warrants on the 4th, then the next day the lieutenants would bring the money down if it was not a Thursday, which was the lieuten- ants' day off. Q. And you turned it in at once ? A. Y^es, sir ; I can say that I did that regardless of any ordinance that required it, but upon principle, as I never want to hold money that don't belong to me. By Mr. Iseminger : Q. The city got it? A. Y^es, sir. By Mr. Roberts, Chairman : Q. The moneys did not pass through the Mayor's office ? A. No, sir. Q. He knew nothing about it? A. No, sir. It was part of the discipline of the force that he entrusted to me. Shall I tell you about the pistols, or are you satisfied on that point ? By Mr. Clay : Q. What did you collect in 1885 and 1886 ? A. Very little. I have been somewhat careless about it from this fact, that it was so very rarely that fines were im- posed, but I have been in the habit of immediately handing them to Mr. March. As to the dates or the amounts that he received, I don't know that I can tell you, because no ques- 252 tions were raised about the amounts paid in. The fines have been only imposed in particular instances. Since the patrol service has been in operation we fine a man if he loses a day, in case he can give no proper excuse for failure to report, and for a repetition we charge him a day's pay, and make him pay the cash in. In July — it was paid to me in August — I fined two men who were brought before Magistrate Lennon, and be- haved in an unofiicer-like manner, and I read a letter about it which was read over the desk, and fined one two days' pay, and the other one day's pay. Q. And that money you paid into the hands of Mr. March ? A. Yes, sir. When it was paid to me it was probably in my possession a couple of days, until he would come to the office. Once he was [away sick. Now, regarding the pistols concerning which Mr. McLaughlin spoke. When the difficulty occurred between the police and the rioters in Chicago, we awoke to the necessity of arming our police force properly in order to meet any emergency. I found that they were armed with pistols of their own, which they had purchased of every conceivable calibre and pattern, and that probably it was more dangerous to stand in the rear of some of those pistols than in front of them if they would happen to be fired off". I re- commended it to the Mayor to have our force armed with Serviceable weapons of a uniform calibre, and I opened nego- tiations to that effect. I communicated first with Marvin, Hurlburt & Company. Their price was $8.50 independent of the cartridges and the holster. I know something about weapons myself, and I had a preference for the Smith k Wesson revolver, provided that it could be got cheap enough. Then I sent a communication to their factory, not know- ing their agents in this city, and told them what we were about to do, and asked them for their lowest figure if we should give an order for probably ten or twelve hundred of the revolvers. They wrote that their agents here, E. K. Try on & Co. and J. C. Grubb & Co., and perhaps they mentioned others, would furnish the pistols at the wholesale 253 price of $9.30 each, which was too much ; and I then wrote a personal letter to Mr. McLaughlin, stating the circumstances ; that there was no appropriation made by Councils, and that it would be too much of a burden to put upon the men to ask them to pay that price, and asking him to use his influence with the factory, if he could, in order to get them at a less price ; that I couldn't accept the price that had been fixed, although I preferred that pistol. In the meantime, Marvin, Hurlburt & Co. offered me a drawback of $1, which brought their price down to $7.50. During the negotiations, when about to close with Marvin, Hurlburt & Co., Mr. McLaughlin brought a dispatch from Smith & Wesson, telling me to make a price the same as was offered for the other makes. He asked me what the price was, and I told him. He didn't know. I tojd him $7.50, and he was astonished. But he fixed the price, and said you are getting the cheapest pistol that I ever knew them to make and sell, and that no man, if it was an order for a thousand or any number, or no matter what the number was, could get them at such a price. But he says here is the telegram which justifies me in doing so, and I accept that figure. Then, of course, we wanted car- tridges, and wanted pocket holsters. Those things we fur- nished at the figures named by Mr. McLaughlin. I sent an order out to the Police Force stating the necessity for every man being armed with a serviceable weapon, and stated that we would negotiate for the purchase of the weapons at the lowest price ; and I told the lieutenants to take the names of the men and the weapons they had on hand, and what kind they were, so that we could know how many men ought to be supplied. They did so. I had stated that we would probably need 1,500, but I purchased 1,208, all of which were delivered and paid for. Only there are a few on hand, nine or ten, which comes from the fact that some policemen, who had en- gaged to take them, fell by the wayside, and didn't care to go to that expense. When others are appointed, they will pur- chase them. 254 By Mr. Roberts, Chairman. Q. Are you able to tell the Committee anything about the special officers, concerning whom the Committee have been inquiring ? You know the testimony ? A. If the Committee have not already received full infor- mation on that subject any information I can give is at their service. I think that almost everything has already been told before the Committee. I noticed in the testimony of Mr. Gray, yesterday, that in giving his testimony he refused to give full answers, which arose from the fact, I presume, that when we detail a detective or special officer upon any special case it is strictly secret work. You can understand the reason for that. But I think he might have clothed his answers in dif- ferent language before the Committee. He went too far in that respect, Mr. Gray was discharged from the force under a misapprehension of the facts, and after the facts became known to the Mayor he desired to do the man justice, and lie said he would put him back upon the force. Mr. Gray pre- ferred not to go back on the detective force, and said that he would do special service, and we then assigned him to the Fifth District. I told the Lietenant that if he had any case or any service in that District that he could put him on that he should do so, and I then detailed him for a number of dif- ferent secret service duties. I cannot specify them just now. I was under the impression that he had done his duty as an officer. If he had not, of course, I would have reported him to the Mayor. We cannot, of course, always keep track of these special officers when they are out on the streets. The necessity of special officers instead of uniformed men can readily be seen — the advantage can readily be seen. The uniformed officer has a prescribed beat — his line of march is defined, whereas the special officer, who goes in citizen's clothes, can go everywhere, in every part of the city, and besides can- not be so easily discovered by the criminal classes, as men in uniform. Their service is a very valuable service, and it could be made most valuable if all the special officers were best qualified to perform their duties. 255 Q. Do you know Warren King ? A. I do not. Q. There was such a man on the force ? A. There was. Q. With such a name ? A. There was. Q. You don't know him ? A. Not personally. There are a great many men on the force that I dont' know in that way — only that they are on the roster. Q. Is there such a man as Warren King? A. There is. Q. Is that his name — his right name ? A. That I won't say. But he did such service as is repre- sented by Warren King upon the force. Chief Kelly came to me and stated that he had a man who could render incalcu- lable service to the department if he would pay him, and he wanted to know if the man could be put upon the force. We had a conversation about it, and I stated if this man can render particular service for the pay, I cannot see any reason why any trouble should come in. Then he was taken and sworn into the service, and I presume has received his money every month. I have no doubt of it at all, from the fact that Chief Kelly had informed me about it, and I have the utmost confi- dence in the integrity of Chief Kelly. Then I know of most valuable service which has been rendered through this man. Q. How many men of that sort have you on the force ? A. I cannot call to mind. Two men have been mentioned, but I don't know of any such man on the force now. I don't know of any man who is drawing pay improperly. There is no man but who is drawing his pay properly in every way. There weae two men mentioned — Lang and King. My answer regarding Warren King will apply equally to Mr. Lang. 256 Q. What service did John F. Smith render in the depart- ment ? A. He was an officer assigned to the fifteenth district where there was a vacancy, and assigned on special duty at the Twenty-fifth district station-house to superintend the alteration and fitting up of the building, and to see that all the material that was furnished was proper, and that everything was good and everything was carried out ; and the understanding was, at the time he took the position, that as soon as the work was completed he would resign his position, and when it was com- pleted about the 3d of September he tendered his resignation. And I can say that Mr. Smith, like a good many others, was out, of town, but that when I saw these names mentioned I telegraphed for them to come home and they all came, and Mr. Smith came with the rest. I have no doubt that he is ready to testify before you. He was here yesterday, and I saw him around this morning. By Mr. Clay : Q. What district did you assign Alexander Gray to ? A. The fifth district. Q. Did he report to you ? A. To me, and to the lieutenant, of course. As I stated to the lieutenant, he could have him whenever he needed him for any service unless I had him on some special case. Q. When was he first placed on the roll for that work ? A. From the date of his appointment. I have not got it in my mind just now. It was somewhere about the first of the year. Q. The Controller told us that he appeared continuously to Tun since the first of January ? A. It commenced from the time that he was put in the service. Q. How often since then has he reported to you ? A. I will state that very likely I have seen him two or three hundred times. I cannot tell how many. 257 Q. Would he come to you daily and report ? A. No, sir. Sometimes I did not see him for three or four days. Q. Would he come weekly ? A. Yes, sir. I have seen him oftener than once a week. Q. Have you any knowledge of any special duty you as- signed him to perform in any particular section of the country ? A. I assigned him in connection with another officer to go to Pottstown, and if I recollect I sent him once somewhere else ; but I don't know where. I cannot tell just where he was on duty, but I sent him out. I would like to say, further, that he was instructed to work in connection with the detec- tives on any occasion on which they needed his services, and he has done such w^ork. He has so reported to me. Q. Can you call to mind how long he remained at Pottstown on police duty ? A. A couple of days. Q. Can you call to mind whether you have sent him any- where else ? A. I think I have, but I cannot specify just now. Q. Did you send him to New York on police duty ? A. Yes, sir ; almost daily we have to send some of the officers to New York. Q. Did you send him to Atlantic City on police duty? A. I never sent him there on police duty ; he had my per- mission to go there in this way : We exact from the officers of the Department when they move that they must get permis- sion from the Department ; Mr. Gray asked permission to move, I think about two months ago, from the house he lived in in the Twenty -eighth Ward ; he said that his family were sick, and he thought that it would do them a great deal of good if they should go to live in Atlantic City for a couple of months, and he asked me if there was any objection to his taking his family down there where he could go every now and then when he had no special duty to perform — when he could 33 258 just jump on a train and go down there ; I told him that I did not know of any objection to that. Q. That was about two months ago ? A. I think so. Q. How often since has he reported to jou for duty. A. Certainly I have seen him once a week, and sometimes I have seen him three or four times a week. Q. Then, so far as you are concerned, you have no particu- lar knowledge that he has been doing police duty all the time ? A. Not daily ; it is just the same as with all special officers. Q. Who certified to his time ? A. The lieutenant of the district. Q. Whom did he get the information from ? A. He took it on the assumption that when a man is de- tailed for duty outside he makes full time, otherwise it would be reported to me. Q. Some of the officers have said that they got the time from headquarters where the specials were assigned for duty ? A. I think that was meant with reference to the special roll at headquarters, which Gray was not on. Q. That had reference to such men as Stanwood and Tait, and King and Bye. A. Well, Tait and Bye are on the special roll ; the others are on the district rolls ; whether those rolls are certified to by Mr. March as Chief Clerk I cannot say ; I never certified to them. Q. How so; it was Gray's duty to report to Lieutenant Usilton ? A. Not regularly ; these special officers report to the lieu- tenants when their duties are confined to the district. The evidence we have before us as given by Chief Kelly concerning this man, is as follows : Q. Do you know Alexander Gray ? A. Yes, sir. 259 Q. Does he report to you? A. No, sir ; that was a mistake of the Lieutenant. Q. What part of the department does he report to ? A. I believe he is under Chief Stewart, but I am not positive about that. I have seen him up and down in the Chiet's office. That is Chief Kelly's testimony. Q. He did not report to you ? A. I don't believe he did. Now, Lieutenant Usilton testifies as follows : Q. Do you know A. K. Gray ? A. Yes, sir. Q. How long has he been on the rolls in your department ? A. He went on January 1, 1886. Q. Is he still on ? A. Yes, sir. Q. What sort of work does he do ? A. He is on special duty under the charge of Chief Kelly ; that is an error. Lieutenant L^silton further testifies as follows : Q. Does Officer Gray ever report to you ? A. I have seen him frequently. Q. What is his name ? A. I always thought he had a middle name ; now they say it is plain Alexander Gray. Q. How long have you known him ? A. Some time. Q. How long has he been in the service ? A. Fifteen or sixteen years. Q. In what capacity ? A. He was a patrolman for some years. Q. And then what ? A. Then a detective awhile down here. 260 Q. He is the man commonly known as Alec Gray ? A. Yes, sir. Q. He is on your roll as A. K. Gray ? A. Yes, sir. Q. You get his time from Chief Kelly ? A. Well, if he loses any time they would report it to me and I would dock him. Q. Now in the light of that evidence, how was it possible for him to receive pay for each one of the months that have expired since the first of January ? He makes no report to the Chief of Detectives, and he doesn't report to the Lieutenant of the district to which he was assigned, and you say you have not seen him daily, yet he has been draw- ing his pay daily ? A. I couldn't see him daily as he was sometimes sent out on special 4 Ci lO CO j> CO 00 CO o to o CO 00 o > ctT oT cT oo" oo" oT 3" H €^ te 3 o o o CO O a> o o o o o o S o to o o o 00 00 CO CO CO o Mi CO o o o o o o o o a o o o o o o o o o o o o o o o o 00 00 u to tl "£ Ph CO o lO o o o o o lO o o o o o o o to 00 r- 00 to o lO C5 CO oo o o o OS o o O o o o o o o o o o o o o o o o o o o o o o o lO o lO lO lO o o o CO oo lO lO »o uo lO o lO CO CO o o o o o o o o o o o o o o o o o o o o o o lO o lO o o lO o to to CO CO CO CO CO CO (M o o o o o o TtH^ co" co" i>r o o o o i>r to o o o o CO 05 00 oo O rH 00 oo CO CO 396 William F. Fell, being dalj sworn, according to law, testified as follows : Examination by Mr. Roberts (Chairman) : Q. What is your business ? A. The Mayor's Inspection Clerk. Q. Have you the combination of this safe of the Mayor's ? A. I have. Q. Does any one else have the combination? A. No one but myself and the Mayor. That was my dis- tinct understanding at the time I took the combination that no one else should have it. Q. When did you take it ? A. At the time the safe was purchased, shortly after he .came into office, or was inaugurated. Q. What do you know about this money in the safe ? A. In a general way I can say that there are always large sums of money in the safe. The Mayor frequently hands to me large sums of money done up in packages which I place in the safe subject to his order of removal, Q. How much is there now ? A. I cannot say. I simply take what he gives me. Q. Do you count it ? A. Sometimes I verify it when he has no time, and some- times he will verify the account with me. Then I place it in the safe. At other times he will verify it and give it to me in packages which I put in the safe. Q. How much ^have you ever been called on to verify ? What has been the largest amount ? A. The largest amount that I suppose I ever had there was .^15,000 or $20,000 in the safe. Q. In what shape was it ? A. Principally in notes. 397 Q. Of what denominations ? A. Mostly large, but sometimes fives, tens, and twenties^ and sometimes larger. Q. It would take a good many of tliem to make $15,000 or $20,000. A. When he had that much money there — that occasion was one time ; when he had that much. Q. In the other instances how^ was the money ? A. Sometimes it was in notes of large denomination, and at other times in fives, tens, etc. By Mr. Bardsley : Q. Where did that money come from ? A. I received it from the Mayor. Q. Do you know where it came from ? A. I do not. Q. What are your duties there in that ofiice ? A. They are to make all the appointments. The Mayor furnishes me with a list of the appointments and I have the applicants to go through the form of sending them to the Police Surgeon, and after he reports to the Mayor their names are handed to me, and if the applicants are appointed I receive the lists from the Mayor, and send for the applicants and they fill up the blanks, and I swear them in and furnish the clerk of the Chief of Police with a memorandum of the appointments. Q. Is there anything else you do ? A. I also inspect the repairs to the station-houses throughout the department. Any repairs needed are reported through the Chief of Police, and sometimes to myself. I go and look after the repairs and report personally to the Mayor, and if he orders them I then order the repairs. Q. What other business have you ? A. Well, my duties are numerous — whatever the Mayor directs. 398 Q. I understand that you are under the directions of the Mayor. Can you tell us anything else you do. A. Well, last year the entire construction of the patrol houses was under my personal supervision — everthing done in the construction of the houses was under me. Q. You say the alteration and construction of the patrol houses ? A. Everything connected with the construction of the houses, and the equipment of the houses was done under my directions. Q. Have you done much of that kind of work this year ? A. Up to the first of last May. Q. What did you do in this direction this year up to the first of May? A. We finished up No. 5 Patrol House, Juniper and San- som streets, about the first of the year. We then started in with the alteration and improvement of Twenty-fifth Police District. I obtained the bids and looked after that work there. Q. How often did you go there ? A. I went there some three or four times a week. Q. It is in testimony that a patrolman was placed in charge of those alterations ? A. Yes, sir. Q. Under you ? A. Under the direction of the Mayor, his brother, Mr. John F. Smith, was placed there to be continuously there and see that everything was carried out in accordance with the con- tracts, and if anything went wrong or was not carried out in accordance with the contracts, he was to report to me and I report to the Mayor. Q. Do you keep any record of the money in that safe ? A. I have no necessity to do it. I simply take it as the custodian and place it in the safe upon the orders of the Mayor. I simply take it in packages. / 399 Q. What kind of a custodian were you, then ? A. I took the packages. Q. Yoii do not know how much there was ? A. I don't know. I took it from the Mayor just as he gave it to me from time to time. Q. And then counted it ? A. I did not always. Sometimes I counted it with him, and sometimes he would hand it to me to count. Q. Then you counted it and put it in the safe ? A. Yes, sir. Q. It is for that reason that I asked you how much is there now ? A. I could not say. Q. About how much ? A. I could not say. I take it as it is given to me. I never touch the money unless he tells me to give him a certain amount of the money. Q. You count it when you put it in ? A. Sometimes I do. Q. And sometimes you count with him ? A. Yes, sir. Q. So you know because, at any rate, it is counted in your presence ? A. Not always. Q. Are there $10,000 there to-day ? A. I could not say. Q. Give us the amount, to the best of your judgment. You handled this money — you are its custodian. A. I say that I take the money from the Mayor, from time to time, and place it in the safe. At other times I go to the safe and I find money in the safe, which, from the bulk of it, I know has increased since I was there before, and then I have frequently said to the Mayor, " Did you place money in the safe?" and he of course has said "Yes." 400 Q. What was the last day that you put any money in the safe, yourself or with the Mayor ? A. I put money in the safe to-day. • Q. How much ? A. About $128. Q. How much yesterday ? A. About $108. Q. Was that money receipts in the office ? A. No, sir. Q. Was it private moneys ? A. It was not from the receipts of the office — not city money. Q. How much did you put in the day before ? A. Nothing. Q. When did you receive any large sum of money — $15,000 or $20,000 ? When did you have that much there ? A. Not recently. Q. About when ? A. I could not say. Q. How is it you know there was that large amount of money— $15,000 or $20,000 ? A. I understood the question put to me to be, how much money was in the safe at different times ? and I answered that at different times I had that much money there. Q. At one time ? A. Yes, sir ; at one time. Q. About when ? A. I cannot say. Q. A year ago ? A. I think it was inside of a year. Q. And was it last August ? A. I won't pretend to come down to the month, or the time. 401 Q. But come down to three months ? A. All I say is that I know there have been large sums of money in the safe within three months. Q. Within three months of to-day ? A. Yes, sir. Q. How much was there ? A. I cannot say. Q. Fifteen thousand dollars ? A. I cannot say. It was placed there by the Mayor. Q. When did you last place a large amount of money there in bundles ? A. Not for some time. Q. How long is that ? A. To the best of my knowledge, in six months. Q. Then, how large a sum did you place there ? A. I do not remember. Q. You said a large sum. How much is a large sum ? A. I say that I am at different times receiving large amounts of money. Sometimes I count it myself, and sometimes he puts it in there. I am not supposed to know what he puts in there, and I make it a rule never to touch the money unless he tells me to. Q. Did you say that about three months ago you put a large sum in there ? A. I did say I did it, I knew it was in there. Q. How much is a large sum ? A. It depends altogether on what you call a large sum. Q. What do you call a large sum ? A. I would call $5,000 a large sum. Q. Then, three months ago there was as large a sum as $5,000 there? A. I do not know. I did not place it there myself. 51 402 Q. But you state a large sum was there. A. I said a large sum was $5,000. I did not say that I placed $5,000 there. Q. But you said there was a large sum there three months ago? A. Yes, sir. Q. And then I asked you what a large sum was, and you said $5,000. So, according to that, there were about $5,000 there three months ago ? A. Yes, sir. Q. Any more ? A. I do not know. Q. Was there that ? A. I do not know. Q. The Committee only wants you to tell what was there. A. I can only tell to the Committee what I know about the money, and I have stated to the Committee exactly what I know about it, and I think I have stated it intelligently. Q. We may be the judges about that. It is in order to corroborate the Mayor's statement, that he has brought you here for that special and particular purpose. Now, you don't corroborate, because you won't come specifically to anything. Mayor Smith : If the Committee will permit me I will say that I brought Mr. Fell here only to corroborate the fact that I took money out of the safe to deposit it — not for any other purpose. By Mr. Bardsley : ^ Q. When was that ? A. On the date it was last deposited in the Fidelity ? Q. That was $5,300? A. I think it was $6,070. 403 Q. That was on the 24th of August ? You say that the Mayor took it out of the safe on that day ? A. I was called in the office, as I frequently am, and was told to open the safe. The Mayor went to the safe and shortly afterwards he told me to take the money and deposit it, which I did. Q. How much money did he tell you to takeout of the safe and deposit ? A. I did not take it out. He took it out. Q. I thought you said that he told you to take it out ? A. No ; only to open the safe. Q. How much did he take out ? A. I do not know. He shortly afterwards gave me the book and the money to deposit. I think it was $6,070. Q. He took that out, did he ? A. He made out the account for the Fidelity. Have you a statement of having the $6,070 deposited? Q. I believe it was somewhere that. Did he take that money out? A. Yes, sir. Q. Was there any left there ? A. Yes, sir. There is always money in that safe. Q. How much was left ? A. I do not know. I did not count it. It is his money entirely. I simply put in what he tells me to, and take out what he tells me to. Q. You do not keep a record of it ? A. No, sir. I have no need to. It is his money. By Mr. Clay : Q. From what source did you receive that money, when you say you put large sums in ? A. I got it from the Mayor. Q. Do you collect any fees due the city ? A. No, sir. 404 Q. None at all ? A. No, sir. Q. When did you last count the money in the safe ? A. I never count all the money in the safe. It is only when he directs me about a certain sum. Q. During the Mayor's absence from the city — from the 6th to the 16th of July — did you open the safe? A. Yes, sir. I open it when I have to go there for any reason whatever. Q. Was there money there then ? A. Yes, sir. Q. How mucn ? A. I do not know. I take the money as I receive it from the Mayor. Q. The Mayor has said to the Committee that he has had continuously in the safe a sum not less than $8,000, much more than enough to make good any amount of money that could be adjudged due by him to the city. Now, you are brought here for the purpose of corroborating that statement — that that money was in that safe, and that you saw it taken out. Mr White (of counsel for the Mayor) : Who said that he was brought here for that purpose ? Mr. Clay : The Mayor said that. Mayor Smith : I want to say that Mr. Fell can testify only to this fact, that upon the date the large deposit which you have mentioned was made, six thousand and odd dollars, he, at my request, carried the money which I took out of the safe and deposited in the Fidelity. He was called to prove that. In order to prove that I did not shin around the street, or run around begging for the money. 405 Mr. White (of counsel for the Mayor) : There is no objection to the Committee asking the witness any questions. My own judgment was, so far as it went? to your misrepresenting what the Mayor had said. Mr. Clay. Very well ; the Mayor has made his statement about it and I accept that. By Mr. Clay : Q. Did you see this money placed in the safe which was taken out for deposit ? A. I think I have made that very clear. Q. Did you see that money placed in the safe which you deposited ? A. I didn't see that identical money placed in the safe. Q. And you have no knowledge how long it was there ? A. I say there is always money in the safe. Q. Have you any knowledge who placed it there ? A. I have not. Q- All you know is that you were simply called in to take it out ? A. I say there is always money in the safe. Q. What were you called in for ? A. I have said that I received money from the Mayor fre- quently. Frequently he hands me large sums of money. Sometimes he hands it to me in bulk and I place it in the safe, and at other times he hands me the money and I count it and then place it in the safe. I never know what is taken out by him. I simply take out what he tells me to take out. He may take out a certain sum one day, and the following day tell me to put a certain sum in. I am not directed by him to keep an account of what is in the safe. He knows. Q. What were you called in for on this particular day ? A. I was called in and he told me he wished to make a deposit. 406 Q. But what first ? A. To open the safe. Q. And you did that? A. Yes, sir. Q. Then what ? A. Well, he went to the desk and made out the deposit. Q. What did he take from the safe ? A. I saw him go to it and take money out of the safe. Then he made up the account to make the deposit and called me to take it. Q. Then you simply opened the safe, and the money was taken out by the Mayor, and the deposit was got ready and you made it ? A. That is all. By Mr. Bardsle}^ : Q. You don't know how much was taken out ? A. I don't know ; except that he made out the ticket and I went down and deposited the money he handed to me with the bank book. Q. We simply want to know when that money was put in the safe that you saw him take out ? A. Which money ? Q. The money that he took out ? A. I have said several [times that there was always money in the safe. Q. I want you, if you please, to tell this Committee when you saw that money put in the safe that the Mayor took out on that day ? A. I cannot say when it was put in, or whether he put it in or whether I put it in. Q. Do you know whether that money was put in a couple of days before ? A. I don't know anything about that. 407 Q. Might it have been ? A. I can only answer bj saying I don't know anything about it. Q. You have told us that you have the combination of the safe and that you were the custodian of the moneys there, and the Mayor brings you here to corroborate him. Now, this committee don't think that you have corroborated him, and don't think that you have told enough. You may not know, but we want to know when that money went into the safe ? A. Which money ? Q. The money you saw him take out ? A. I can simply reiterate my statement that there is money going into the safe and coming out at different times, and I am not able to specify any sum that goes in or that comes out. Q. Did the Mayor take out as much as $5,000 ? A. He went to the safe and got out the money, and made out the ticket and gave me the book, and told me to go and make the deposit. Q. Do you believe there was $5,000 in the safe the day before ? A. I have told you I don't know. Q. Was there anything there the day before ? A. There is always money there. Q. About how much money was there the day before ? A. I can only say that there is always money in the safe. Q. Did you have $10,000 there ? A. I don't know what is in the safe. Q. Then, all you know is that you saw the Mayor take out some money ? A. Yes, sir. Q. Was it more than a $100. A. I don^t know. He took out some money and went to his desk, and when he had made out the ticket he told me to go and make the deposit. 408 Q. You don't know how much he had taken out ? A. That is what I have told you. Q. You don't know how much was there ? A. I never know what is in the safe. Q. You don't know anything at all, except that there is always money in the safe ? A. Yes, sir. Q. That is about all you know ? A. I have told you that there is always money in the safe, and very often large sums of money. Q. But you cannot tell what there was in the safe three months ago, nor the day before the deposit was made ? A. I do not know the amounts. Q. If you can help the Committee to corroborate the Mayor, we Avill be obliged to you, because he said that he had a witness to prove this matter, and you are the man by whom he told this Committee he could prove that he had plenty of money there to pay all demands of the city. Now, the sub- stance of what you tell us, is simply this, that there was money put in and taken out, more or less, all the time ; but how much you don't know ? A. I know that he went to his desk and made out a ticket and handed me the bank book with the money. Q. Do you know that the money which he gave you to take to the bank came out of the safe ? A. I saw him go to the safe. Q. Do you know that the money which he gave you with the bank book came out of the safe ? That is the question you were asked. A. I saw him go to the safe. Q. Will you say to the Committee that the money you took to the bank came out of the safe ? A. To the best of my knowledge and belief, it came out of the safe. 409 By Mr. Lawrence : Q. You say you never knew how much was in the safe? A. No, sir. Q. Did you hear the testimony of the Mayor given here ? A. I did. Q. Did you not hear him swear that he counted the money and handed it over to you, and you made a note of it ? A. Yes, sir ; that was at times. Q. Then you knew how much there was at that time ? A. It was at different times. There is always money in the safe, but how much at a particular time I cannot say. For illustration — he might ask me to verify it, and I would verify that particular amount, whether it would be $3,000 or $4,000 and place it in the safe. But when I did place it in the safe I had no knowledge of all that was in the safe. Q. You would verify it only when he handed it to you, and. then put it in the safe ? A. Yes, sir. By Mr. Roberts : Q. Then you never knew what was in the safe altogether? A. Never. His Honor would place in different sums at different times. Q. How long has this safe been there ? A. He bought the safe shortly after his inauguration. Q. What else is kept in the safe besides this money ? A. Valuable papers of his. Q. Private papers ? A. Private papers, and jewelry and insurance papers and bonds. It is a private safe entirely. Now, I would like to say one thing further about those checks. The Mayor was away. 52 410 By Mr. Lawrence : Q. What checks? A. I mean the checks that 'vere protested. The Mayor was away. I left the office about 3 o'clock one afternoon, and was informed the next morning that a notary had been there with two checks that had been protested. I asked where they were from, and they told me that one of the checks was at the Fi- delity, and that the other check was at the Independence Bank. I went to the Fidelity and saw, I think, Mr. Scott. I said to him that I understand there is a check here of Mayor Smith's which has been protested for want of funds. He said, yes. I then said, "He is away from the city, or it would not have been left to go to protest." I then went to the Independence Bank, and I found they were the collection agency for a New Jersey Bank. I made the same statement to them. On that day Major Linton was ab- sent from the office. The follow^ing day either Major Linton came to me or I went to him, and I said there are two checks gone to protest, and I cannot understand it that the Mayor should go away and allow the checks to go to protest He said "all right, I w^ill attend to it." Later in the day, or on the following day. But first I immediately wrote to each of the parties and told them that the Mayor was absent from the City, and that if the checks were returned that were protested that they should please hold them until his Honor would re- turn, as in all probability he had overdrawn his account with- out knowing it, and as soon as he returned to the City the matter would be all right. That afternoon, or the following morning Major Linton came to me and said those checks are all right. I have deposited money to make them all right, and more too. I said I have written to the parties and told told them to keep them until the Mayor's return. What amount the Major deposited I don't know. 411 Ey Mr. Bardsley : Q. When was this ? A. It was during the Mayor's absence from the City. Q. On what date ? A. In July. Q. What time in July ? A. Somewhere between the 6tli and 9th. Q. About when do you suppose those checks were made good; on the 8th, 9th, oi*10th? A. I know nothing beyond the statement I have made to you. Q. Do you know that you are correct as to the dates? A. You asked me about the time, and I said that I thought about the 6th to the 9th of July. Q. The check was protested upon the 13th of July ? A. I only speak from recollection ; my recollection is that the Mayor went aAvay on the 6th of July, and returned on the loth ; it w^as during that time that those check matters occurred. Q. But the check was protested on the 13th of July? A. I only answer to the best of my knowledge and belief, that it was about that time. Q. Do you know when the checks were made good ? A. No, sir. Q. About what date ? A. No, sir. Q. You have just testified that it was from the 6th to the 9th that they were made good ? A. No, sir ; I said it was about that time they went to pro- test. I said that it was during the time that he was away from the office — from the 6th to the 15th of July. Q. When do you suppose it was that Major Linton told you that he had made the amount good ? A. I said either that afternoon or the following day. 412 Q. The day after the check was protested. A. The afternoon after the day the check was protested, or the following day. Q. That would be about the 15th then ? A. I am only speaking to the best of my knowledge. I took notice of the thing at the time, but only simply recall it. I made no note of it, and did not take the matter into consid- eration at the time. I have simply thought of it since, know- ing that it was at the time he was away. Q. Now, you are making a voluntary statement. Thi» Committee did not ask you to make it. They have the right to expect that you are stating some fact. Now, was it a day or two after the protest when Major Linton told you that it was all right ? A. It was the afternoon after the day of the protest, or the following morning that the Major came to me and said it was all right. Q. When I tell you it was protested on the 13th. on what date would you say it was that Major Linton told you it was all right ? A. That would be, then, the morning of the 15th ? Q. Now, Mr. Scott in his testimony testified before thi& Committee that the checks were paid on the 21st, I think ; that these two checks were not paid until the 21st of July, because there was no money in bank to pay them. That is the testimony of the bookkeeper. A. Can I explain what I suppose to be the cause of that ? Q. Certainly. A. I said that I wrote to the parties for them to hold the checks until the Mayor's return. I don't think they pre- sented them again for payment during the time between the 13th and the 21st. They may have been holding the checks, and did not present them for payment until the 21st; but that does not prove that the Major did not come to me and say that he had deposited the money to pay the checks. 413 By Mr. Clay : Q. Do I understand you to say that the notary brought the protests to you ? A. No, sir. Q. How did the matter come to your knowledge? A. From Captain Leaborn — that a Notary came in and asked for Major Linton. He was absent, and then he said that I was the next one who could answer the questions. Q. I thought I understood you that the Notary came to you? A. No, sir. Then I went to the bank and saw Mr. Scott, and then went to the Independence Bank and told them why I supposed the checks had gone to protest, because the Mayor was absent from the city, and that he had overdrawn his account, of course, not knowing it. Q. The protests were not presented to you then ? A. I got the notice from Captain Leabourn. By Mr. Roberts, Chairman : Q. Did you ever count as much as $15,000 there in that safe ? A. I think I did. Q. When did you count it ? A. I said I thought about six months ago. Q. Who was there ? A. As a rule, if I count the money after office hours, I close the door and lock it. Q. Were you alone ? A. I don't say I was alone, but that is my usual custom. Q. Was there anybody there when you counted it ? A. If anybody was there it was the Mayor only. Q. Nobody was there unless it was the Mayor ? A. No, sir. 414 Q. Do you sometimes count it when he is not there? A. Yes, sir ; he hands it to me in bulk. Q. The safe is left open ? A. No, sir ; it is not left open. If he goes to the safe he locks it before leaving it, and if I go to the safe I lock it again. Q. Was that sum in small notes or large notes ? A. I do not remember. By Mr. Clay : Q. Do you say that you lock the door when you counted the money ? A. I do very often. Q. After you had counted it, what did you do ? A. I am not speaking of any particular sum of money ? Q. But you say that you counted as much as $15,000 ? A. I said that I supposed I did. Q. Was the Mayor present when you counted it ? A. I won't say that. Q. Do you remember counting $15,000 and putting it in the safe ? A. I do not say it was that sum. Q. But a sum approximating it ? A. Yes, sir. Q. After you had done counting it, what did you do with it? A. I put it in the safe. By Mr. Roberts, Chairman : Q. When that $15,000 was put in the safe, was that in ad- dition to other money in the safe ? A. There was always money in the safe. 415 Mayor Smith : — I desire to say to the Committee that I never gave Mr. Fell any money without a memorandum of the amount. He would count it, and verify it and return me the memorandum. I kept that myself. By Mr. Clay : Q. After you had done counting the money, you would just put it together and put it in the safe ? A. Yes, sir. William B. Smith, recalled. By Mr. Bardsley : Q. Mr. Fell has just testified that he put money in the safe and that he did not know how much was taken out ? A. No, sir. Q. Did you give him a memorandum ? A. He always knew the amount. He counted it. But when he put it in the safe he did not know as a rule the amount in there — that it was added to. Mr. Fell has access at all times to that money, and I can say on my oath that I don't believe, without instructions, that he ever touched or handled or looked at a single memorandum in the safe. Q. Now, can you tell us about how those deposits were made up concerning which you were asked when you were on the stand before ? A. July 7 was money that I gave to Major Linton, the day or two before I left Philadelphia, for deposit. July 12 was $120, which he deposited out of moneys in his hands of which he had no need. July 14 was made up of various sums from various sources. I will say that a large sum of money was given by me to Major Linton before I left the City. 416 Q. Do you object to telling us where that money came from— the $1,907.62 ? A. I think probably, the greater portion of that came out of this identical safe. I often bank sums of money, and I make it a rule in banking, to send the small notes, the irregular money or fractions of sums, so that I can keep the large amount in the safe. Q. By irregular money you mean what ? A. Ones and twos, small notes and sometimes I have on hand considerable coin, trade dollars or gold. Q. The deposit of July 14 was the day before you returned ? A. Yes, sir. Q. What did you say that was composed of? A. I cannot say, but Major Linton says that he made the money up out of a great many memorandums which he gave to me upon my return. Q. And he says that he does not know ? A. Yes, sir. Q. When did you leave ? A. He says that I left on the morning of the 7th. Q. Then you gave it to him on the 6th ? A. The afternoon of the 6th or the morning of the 7th. John L. Linton^ recalled. Examination by Mr. Roberts (Chairman) : Q. What have you to say about that deposit of the 14th ? A. The deposit of the 14th was made up of a great many sums of money which had been paid on account of the Mayor — private money, of which I gave him a memorandum, but kept none. On his return, I gave him a memorandum show- ing from whom I had received the money, and I know there were a number of persons. 417 By Mr. Clay : Q. Did you take any money out of the safe ? A. No, sir. Mayor Smith : I will say that he did not have access to the safe. The Witness : The Mayor left about 12 or 1 o'clock. I think it was the very morning he left, that he gave me the money to deposit, which has been spoken of. By Mr. Lawrence : Q. That was in addition to the sum which you have already referred to ? A. Yes, sir ; the $1^:0 were deposited by reason of inform- ation I had from the bank that there was an overdraft, and to make it good I took some of the money that he left with me, to make up the amount. By Mr. Bardsley : Q. You don't know what the large sum consisted of, you say ? A. It was made up of a variety of sums. Q. Checks? A. Most of it was money. Q. Were there any checks ? A. I don't recollect whether there were any checks — whether it was money or checks. Q. Were there large notes ? A. I think some of them were, but I cannot really recol- lect the quality of the money composing that sum. Q. From whom did you receive it ? A. I dont know ; I kept no memorandum myself because it was the Mayor's own private business. Q. Do you remember any portion of it ? A. Not a single item. 418 Q. And you don't remember one person from whom you got it ? A. I hoped I had kept a copy of the memorandum which I gave to the Mayor, but I have examined my desk thoroughly, and some of the drawers in the office and I cannot find it. I regret that I cannot find it. By Mr Lawrence : Q. It was the Mayor's private business ? A. Entirely ; it had nothing to do with the licences, or with public moneys, I think some of it may have come from his Third street store. I think so, but I am not sure about it. Alexander G-ray^ recalled. By Mr. Bardsley : Q. You were on the stand yesterday, and you stated that you were a police officer, ancl now on the force as a special officer, and had been on since the 1st of January, and that during that time, so far as your memory would assist you, you had been on active duty all the time except about two months, during which time you had not been on active duty. You were asked by the Committee what was the character of the service you had performed ? Your answer was Special duty, in several districts or all over the city, and that you were de- tailed by the Chief of Police. We asked you what was the character of the duty you had been performing, or the duty you had performed, and you said that you declined to answer. Now, as a servant of the city, we thought that you should tell us something about the services you had performed for the city. A. It was my duty, and I reported to the Chief of Police. I thought it would be detrimental to the interests of the service if I should tell you what I had been at. 419 Q. Tell us some of the work you did in order to satisfy us tliat you really did something. Because your answer was, when the question was put to you, " What have you been do- ing to-day?" " I decline to answer." Then the question was put to you, "Why do you decline to answer," and in sub- stance you said, that it would not be to the interests of the service to tell what you were doing. Then you were asked about other days, what you were doing on other days, and when you were asked about one day, you were asked again what you did the day before, and you answered, " I was ab- sent from the city." And you also said you were down in Maryland and in Atlantic City ; now wont you tell the Com- mittee what you were doing — what was the nature or character of the work you did ? A. Well, I did work for the Fire Marshal, in investi2:atin2' cases of supposed arson. Q. That is, investigating cases of arson ? A. Yes, sir. Q. In your capacity as a detective ? A. Yes, sir. And then I was investigating cases for the Chief of Police, and in connection with the Detective Depart- ment. I was working with officers, or in connection with officers belonging to the Detective Department. Q. It is currently reported that you were a special officer at the theatre on Chestnut street ? A. So I see it reported. Q. What have you to say about that — were you not ? A. I was not. Q. You never did any duty there ? A. No, sir ; not at the Temple Theatre or for any person connected with it. Q. You never received any payment from there ? A. No, sir ; and I suppose that the records of the theatre will show that. 420 Q. Did you ever act as a "go-between," or in any capacity between the criminals and the city ? A. No, sir. Q. Did you ever have anything to do with the policy men ? A. No, sir. Q. Did yon ever arrest any of them ? A. Yes, sir ; frequently. Q. Well, tell us when ? A. I have not any record of that. The records of the office will show it. Q. The last two, three, or four months 1 am speaking about. I am referring to what you have done since the first of the year. A. I have had nothing to do wath them since that time. Q. It is reported in certain circles that you are what is called a "go-between." That for the last two or three years you have been "in" with the policy men. Do you understand what that term means ? A. I cannot help the reports which are floating around. There are a great many reports about all of us. Q. Of course. I understand that. Will you tell us whether there is any truth in that ? A. Not as I know, and I ought to be the best judge of it. Q. Have you ever been mixed up at any time while you have been on the force, within the last two years, as a " go be- tween " between the Police Department and policy shops ? A. No, sir. By Mr. Lawrence : Q. What do you understand by the term " go between ?" A. I understand it to mean a man that protects them. Q. Well, let us understand it ; I am asking you as a detec- tive. What do you understand that term to mean ? A. I understand it to mean a party who furnishes informa- tion, from the Police Department to the policy people, or who gives them protection in some way or other. 421 By Mr. Bardsley : Q. There is no truth at all in that report concerning your- self? A. Not so far as I am concerned. Q. During the last six months you have performed such duties as Chief Stewart required ? A. Yes, sir. Q. You report directly to him and are answerable to him ? A. To the Chief of Police. Q. With the Chief of Detectives, Chief Kelly, what have you to do ? A. I have had no connection with Chief Kelly since the 6th of last November. I would like to say that we do not even speak. Q. You were on the detective force before? A. Yes, sir ; until the 6th of last November. Q. The Chief told us what you yourself said, that you were discharged under a misapprehension, and that when the facts were learned they determined to replace you ; that was the testimony of Chief Stewart this morning. A. Yes, sir. By Mr. Clay : Q. Did you receive a full month's pay in August ? A. No, sir. Q. When did your pay cease ? A. On the 31st of July. Q. What money did you draw in August ? A. None. Q. Why was that ? A. Well, I have not got it. Q. Were you certified to the Controller as being entitled to your pay for August ? A. I could not tell you. 422 Q. Did you get a full month's pay in July ? A. Yes, sir. Q. You say that you have not received any pay for August? A. No, sir. Q. Why? A. My warrant has been withheld. Q. Was it certified to the Controller that you were entitled to pay for August ? A. I suppose so. The Controller can vouch for that. I did not get it. Q. Did you make application for it ? A. Yes, sir. Q. To whom? A. To the Chief. Q. What did he tell you about it ? A. He told me that the warrant had been withheld. Q. By him or by the Controller ? A. It was told me by both Howard March and the Chief. By Mr. Bardsley. Q. They both told you that the Controller withheld it ? A. That he refused to countersign it. Q. Was there any reason why he should withhold it that you know of? A. No, sir. Q. Do you know of any reason why he should withhold it ^ A. I do not see why. By Mr. Clay. Q. Now I see (referring to a statement in the printed pamphlet of testimony) that there was a claim of $73.75. The Controller says that in August there was that claim, but that the warrant was not signed. What police duty did you do in August for this city ? A. I was doing some work for the Chief, and I was absent from the city. 423 Q. Where did you do any police duty out of the city ? A. No where at all. Q. Did you do any police duty out of the city in July ? A. No, sir. Q. You saw me at Atlantic City frequently during those two months ? A. Yes, sir. Q. You were not on police duty then ? A. No, sir. Q. But you drew your pay for the time while you were down there and not doing any duty ? A. I will tell you this, that I was working on a couple of cases down there — a couple of robberies concerning people in Philadelphia. Q. How long did that take you ? A. Two or three days. Q. And the rest of the time while you wxre down there you drew pay^ although you were not doing any duty ? A. Yes, sir. That is about it. Q. Did your superior officers know that you were not doing duty ? A. No, sir. Q. How could they fail to know ? A. Well, because when I went down there it was unbe- known to them. Q. In other words you just sneaked off? A. Yes sir, many others do so, and I would do it again if I got the chance. By Mr. Bardsley : Q. Did you ever carry any money to the Chief of Police from anybody within the last two years ? A. No, sir. 424 Q. Did you ever take any money from any person and carry it to the Chief of Police ? \ A. No, sir. ■ Q. Do you know anybody else who did it? ] A. No, sir. I do not. \ Q. Do you know that it was done — from policy dealers, if j you please ? \ A. No, sir ; I do not. Q. Did you ever hear any rumors of that kind ? A. The Chief can answer that question himself. • Q. But I am asking you so far as you know ? j A. There have been a great many rumors about me, like ! that one about my being at the Temple Theatre. I By Mr. Clay : ! Q. You said that you sneaked off like others in the depart- i ment.. Now who were some of those others ? i A. Well, I do not propose to tell on anybody else because I ] happened to get caught. I am caught and that settles it. | 1 John F. Smith, being duly sworn, according to law, testified as follows: Examination by Mr. Roberts, (Chairman) : Q. What is your business ? A. I am a furniture manufacturer by trade, but I am not doing anything since the first of September. Q. Have you been on the police force at any time ? A. Yes, sir. Q. When did you leave it ? A. I sent in my resignation on the last day of August, to take effect the first day of September. 425 Q. When did you go on the force ? A. On the 6th of April. I was sworn in on the 6th and wrent on duty on the 7 th. Q. Where do you live ? A. 1238 South Tenth street. Q. To what district were you assigned ? A. I was detailed for special duty at the Twenty -fifth police district to take charge of alterations and attend to material that was left. Q. Was that service performed ? A. Yes, sir. Q. How many days did you serve ? A. Every day until I sent in my resignation. Ijzra Lukens, being duly sworn according to law, testified as follows : Examination by Mr. Roberts (Chairman). Q. What is your business ? A. Assistant clerk at the Mayor's office. Q. I believe the Committee want to examine you upon the subject of fees for the swearing in of private watchmen. A. 1 have charge principally of swearing in private watch- men and patrolmen, and some four hundred have been sworn in since I have been there. By Mr. Clay. Q. Is there a fee charge for swearing them in ? A. No, sir. Q. There is no charge ? A. Never. 54 426 Q. Who furnishes them with badges — the department ? A. No, sir ; they procure them outside. When they ask where to go we recommend them to go to a certain place on Market street. Q. When they come to the office and make application to be sworn in, no fee is charged to swear them in ? A. There is no fee. By Mr. Lawrence. Q. Private watchmen are watchmen who are recommended by citizens to watch their places ? A. Yes, sir, and by corporations. Q. The citizens themselves pay them ? A. Certainly. For instance, the Pennsylvania Railroad has a large number, and so have other corporations. Q. They simply get sworn in as private watchmen to give them a certain amount of authority ? A. Yes, sir — authority for them to carry firearms, and have a badge, and to make arrests, the same as police officers. By Mr. Bardsley : Q. How long have you been in the department ? A. Since the middle of February last. Q. What are your duties ? A. I am assistant to the Chief Clerk, or have been up to the present time. Mr. March was Chief Clerk. I am espe- cially charged with issuing these commissions to the special officers, and attend to sundry correspondence. Q. Do you mean the Mayor's correspondence ? A. Not his private correspondence, but correspondence of an official character — applications for information, such as come from neighboring cities, in regard to police matters. Every communication of that kind requires to be attended to. Q. Are you fully employed ? A. Yes, sir. Q. With those duties ? A. Yes, sir. Q. How many special watchmen have been sworn in since"- this morning ? A. None to-day. Q. What did you do to-day, then ? A. I was there until about one o'clock, when I received a notification to appear here, and I have been here ever since. Q. That is, since one o'clock ? What were you doing in the ofiice before one o'clock ? A. I was there ready to perform any duties. Q. Well, you were ready to perform it, but you had no duty to do? A. Not to-day. By Mr. Lawrence : Q. There is not much duty going on in your ofiice now^, because of this investigation ? A. Not much. Q. It has put a sort of block on the wheels of your ofiice ? A. Well, I will say that some twenty or thirty were sworn, in last week. Isaac H. Shields, re-called. Examination by Mr. Roberts, Chairman : Q. Do you know anything about this large amount of money said to be kept by the Mayor in his safe ? A. I know nothing about any amount, but I know about it this — that on one occasion some time this year, as near as I can tell three or four, or six months ago, I saw Mr. Fell come into the Mayor's Ofiice, and get the keys from the Mayor, of the safe that stands in the Mayor's Ofiice. He opened it, and 428 in the opening of it, as I stood near him, I saw what seemed to me to be large amounts of money. The safe was locked and he went out, and I called the Mayor's attention to the fact whether it was safe to have so large an amount of money as appeared to me to be there, as I had seen it a few minutes before. His answer Avas that " The watchman stays in this room all night." The old gentlemen who is watchman there. That seemed satisfactory to him, but the amount seemed to me to be so large — there were two large packages of money. Q. You judged by the bulk, altogether? A. Altogether. Q. They were in bank notes ? A. In bank notes. There were some small packages lying there, and then these that I referred to would make — I don't know how large sized ^hey were, but they stood so high (indi- cating with his hands). By Mr. Bardsley : Q. They were nice looking ? A. I cannot tell you that ; all money looks nice to me. By Mr. Lawrence : Q. Qou say you saw Mr. Fell get the keys of the safe ? A. That is my recollection. Q. But the safe has a combination ; w^hat keys did he re- quire ? A. It seems to me there was something he used. I said a key, but whether advisably or not I don't know ; but I did think he used something to open the safe, or to do something. He spoke to the Mayor. I am unable to say that he had a key in his hands. Q. There might have been an inside door to the safe ? A. I don't know ; but it struck me as unsafe, and so I called his attention to what I thought maybe he didn't know. 429 Q. Can you locate the time ? A. I have done the best I could about that. I was sitting in this room and my attention was called to the matter by a statement of the Mayor, and I spoke to one of the counsel for the Mayor, and I suppose that is the reason why I have been recalled. Charles W. Wood, being duly ' sworn, according to law, testified, as follows : By Mr. Roberts, Chairman : Q. Where do you live ? A. No. 1809 North Twenty-second street. Q. What is your business ? A. I now have charge of the fire appliances at Mr. Wana- maker's. Q. Were you in the employ of the city at any time lately? A. Not since the 19th of March. Q. Of this year ? A. Yes, sir. Q. In what capacity did you then serve ? A. I was Fire Marshal. Q. What do you know about these fees in relation to the petroleum licenses ? A. In w^hat respect do you mean ? Q. You made certain surveys ? A. I did. I made some examinations of places where they had coal oil stored. Q. Do you know how many you made ? A. In all about thirty-five or thirty-six. Q. There was some fee for that service ? A. I got in each case $2.50 from Major Linton. 430 Q. Was that the entire amount of the fee ? A. That was the entire amount I got. Q. Where did he get it ? A. I don't know ; that is, I cannot testify of my own ^knowledge. Q. You didn't collect the fees ? A. I didn't. Q. Who did collect them ? A. I presume he did. Q. He turned over that much to you ? A. He gave me $2.50 in each case. Q. How much did you get in all ? A. About $85. There is one case concerning which I am in doubt whether I made a report upon it or not, or received a fee. I made reports of all cases I examined which were handed to me to examine, and I received $2.50 in all of them. That is about $5. There is one that I am in doubt about, whether I received any money from it. That is the case of Mr. King, on Arch street. I was on my way to the store of Mr. King on the afternoon of the coal oil fire. I stopped at a news company to get a paper, and while I was there some one told me that there was a fire, or that there was a great smoke in the clouds, and I looked up and saw it, and I run to the office and found out where the fire was and went there. Of course, the place was burned out. I am in doubt whether I made any examination or made any report about the place where they moved to. They moved into the building occupied by the Sun Light Oil Company, I think. By Mr. Bardsley : Q. Major Linton testified to-day that there were about sixty odd applications for licenses, upon which the fees were paid, and upon which you received $2.50 on each one, and that you only made surveys on about twenty-six. I believe I am cor- 431 rect in the figures, Major Linton ? (Addressing Major Lin- ton, who is present in the Chamber.) Major Linton : It is sixty-one. But you are wrong in regard to the amount of $2.50. I swore that I received S5.00 for Mr. Wood in the wholesale cases, and $2.50 in the retail cases. By Mr. Bardsley : Q. How many surveys did he make? (addressing Major Linton ?) Major Linton : Twenty-six are on file in the ofiice. He may have made more, but he never returned them to the office. By Mr. Bardsley : (addressing the witness, Mr. Wood.) Q. You hear that there were sixty-one places that were paid for, and that you were paid for, and yet that you made only twenty-six surveys, or reported the same to the office ? A portion of those were wholesale licenses, upon which you received $5.00, and another portion were retail licenses, upon which you received $2.50 — those amounts being one-half of the fees supposed to be legally chargeable. Is that so ? A. It is not so. I received $2.50 in each case. I do not know how many applications were made. There were surveyed by me some 37 or 38 cases. He made some records, but I never got the benefit of them. Q. He said that you were paid in t)l cases ? A. I was not. By Mr. Lawrence : Q. How much money did you receive ? A. I think $85. 432 By Mr. Bardsley : Q. Do you remember how the $85 were made up — of how many, ?5 ? A. I do not? The law does not mention wholesale, but it says that refineries or plaaes of large storage houses that have quantities greater than 25 barrels shall pay a license fee of 110. Q. How many of those were there ? A. I can give you the list of all that I examined. Q. But how many did you get paid for ? A. Only for 35. Q. Wholesale? A. No, sir. Q. Then you were not paid the $5 in any one ? A. Yes, sir. I am not sure about the record in Mr. King's case. I don't remember of receiving any money on that ac- count. If I did, I did not make a memorandum of it. Still, I have assumed that I did receive it, because I am in doubt. By Mr. Lawrence : Q. 17 at $5 each would be $85, and 34 at $2.50 each would be $85. A. There were either 34 or 35 cases that I received $2.50. By Mr. Bardsley : Q. In how many cases did you receive $5 ? A. None. By Mr. Lawrence : Q. You did not receive more than $85 in the total ? A. The total amount was $85. I want to say that the law prohibits the refining or storing of certain coal oil within cer- tain limits — within the limits of Mifflin street and Allegheny avenue — in quantities greater than 25 barrels. When they are kept on storage in such cases, the license fee is $5 and the Marshall's fee is $5. 433 By Mr. Roberts : Q. In ^vhat cases is the Marshall's fee $10. A. Where a refinery carries, or were there is on storage a greater quantity than 25 barrels. Q. How many such cases were there ? A. I received pretty much the larger classes of dealers. Two or three cases I received were where it was in small quantities, 5 or 10 or 15 barrels. Q. I ^vant to know in how many cases the Marshal's fee was §10. and in how many cases the Marshal's fee was $5. Tell us in how many it was $10 ? A. I think 11. Q. But is not the Fire Marshal's fee $5 in every case ? A. The law says that all refineries or storage places of quantities of more than 25 barrels shall pay a fine of $10 ; that is, for his own use. He says that he shall have the right to demand it before any survey, or before any examination — for his own use. Q. How many of those places are there ? A. Eleven. Q. In which your fees would have been $10 ? A. l'e;5, sir. Q. How many cases were there in which your fee would have been $5 ? A. Twenty-four — counting King & Sons in. By Mr. Bardsley : Q. That would be 35 cases ? A. Yes', sir. Q. Did you inspect all of these places ? A. I did ; yes, sir. Q. Then your fees ought to be $230, according to law ? A. I never counted it up. 55 434 Q. How much did youjeceive? A. $85 in all. $2.50 in each case. Q. Now, Major Linton testified that he and you had an arrangement whereby 3^ou were to divide the amount of the Marshal's fee in two ? A. Well, all the arrangement was made he made himself. Q. He was the sole contractor ? A. Yes, sir ; I did not hear his testimony, but I saw in the papers that he said I made the proposition to him. That is untrue. I never made any proposition of the kind. I was in danger all the time and consequently I was very cautious what I did. Q. Did you receive any notification to inspect numerous places ? A. Yes, sir. I inspected 34 or 35, or more, and made a report to him. That is all this year, 1886. He has the re- ports if he has not destroyed them. I made report in 34 cases. That is all I made reports of, according to the memor- andums I have here. Some I didn't make a memorandum of. I recollect one that I didn't make a report on, which has not been specified, but which I recollect. It was on Spring Gar- den street, above Eleventh. I made a report to him about that. Q. Why Avere you satisfied to take $2.50 ? A. Because my head was in danger, and I thought it was best to accept it. Q. Was it part of your duty to report to the Mayor any- thing ? A. Part of my duty. Q. Part of your duty to report to the Mayor that you had examined these places ? A. I made a report. The reports I made are addressed to the Mayor, but delivered to Major Linton. 435 Q. Did you acquaint the Mayor with this proposition of his secretary ? A. I did not. Q. Why? A. I don't know why I didn't I say that I felt that my head was in danger, and that it might be to-morrow when I was to go. Q. How was it last year? A. Last year I never was called upon to examine but one place. Q. All of last year ? A. Yes, sir ; that I examined and made a report about. It was at the corner of Branch and Third streets. The man told me that he paid $20 for it. Q. Did you get your fee out of that ? A. No, sir ; I never received a penny. Q. But he paid |20 ? A. Yes, sir ; he told me that. Q. Do you know that he paid it ? A. No, sir ; only as he told me. . Q. When the secretary to the Mayor made the proposition as you say to divide the fees, you did not like to say no, be- cause you felt that your head was in danger ? A. Yes, sir. Q. Didn't you think that it was your duty to acquaint the Mayor with that proposition ? A. I can't say that I did. Q. And you never did acquaint the Mayor ? A. I didn't. The Mayor stated, I believe, that he had a conversation with me in reference to the fees. That is as I understood him. We never had a conversation in relation to the fees. We never had a word about it in anyway. I didn't submit the question to him nor he to me. But in regard to enforcing the law concerning these people — about collecting 436 the $100 and the other things — we probably had two or three or more conversrtions. Mayor Smith : Didn't I say it was my belief it was impossible to enforce the law ? The witness : You didn't say you were adverse, but you said you didn't believe it was possible to enforce the law, from the fact that there was no penalty in the law, other than the forfeiture of the oil. Mr. Rudiman: The witness has said that he made reports to Major Linton, and stated that he supposed they were destroyed ; has the wit- ness any copies of those reports which he can now produce ? A. I have not. Q. You didn't keep any copies ? A. No, sir ; I did not think it was worth while. Ey Mr. Edwards : Q. You say you thought your head was in danger, and that consequently you gave the $2.50. A. It was rumored that I was going to be discharged and somebody else appointed, and Major Linton was the first man to give me a definite answer upon the subject. That was about the time they commenced the collection of these fees. John L. Linton^ recalled. (Certain books are here produced by the witness.) Examination by Mr. Clay : Q. Well, what have you to say about this book (indicating a book). A. You will see (referring to book) that Daniel Rosenthal 437 executed his bond on the fifth day of January, 1886. The bondsman is Mrs. Elizabeth Devine. Q. Now turn to Jacob Rosenthal. A. He has not executed any. Q. Is there a bond there for Mrs. Etta Hymens ? A. No, sir. By Mr. Bardsley : Q. Now, what are those other books (indicating books) ? A. This is the license book (indicating book), and the stubs will show the names ; and you see that the auditors have ex- amined all this by that mark there which they made (indi- cating a mark). By Mr. Clay : Q. That was for 1885 ? A. 1885 and 1886. By Mr. Bardsley : Q. What is this book (indicating a book) ? A. It is a complete list of the pawnbrokers. Mr. Clay : I move that the Committee now go into Execu- tive Session. The question being upon the motion of Mr. Clay, It was agreed to. Whereupon the Committee went into Executive Session. FIFTH DAY COMMON COUNCIL CHAMBER. Philadelphia, September 9, 1886. The Committee re-assembled at 5.30 o'clock P. M., this day, in the Chamber of Common Council, pursuant to adjournment. Present : — Mr. Roberts in the Chair ; Mr. Eckstein, Clerk, and the following members of the Committee — Messrs. Ed- wards, Bardsley, Iseminger, Claridge, Clay, Reinstine, and Lawrence, President of Common Council : of Counsel — Mr. Warwick, the City Solicitor ; Messrs. Earle and White, as representing the Mayor. Francis C. Van Blank, being duly sworn, according to law, testified as follows : Mr. Clay : Before the testimony of this witness is taken it has been suggested that it should be stated what we are about to do, in order that Major Linton shall have notice to do what- ever his counsel advises him to do. There is matter before the Committee in connection with the Major, and which, if proven, in the judgment of the Committee and in the estima- tion of the City Solicitor, will criminate him. We have no (439) 440 desire to do that, but certainly this statement is made in order that the Major, through his counsel, may determine whether he will come upon the stand or not. Mr. White (of counsel for the Mayor) : I think that the member of the Committee, who has just spoken, referred to us as counsel for Major Linton. We are not counsel for Major Linton, and I do not know of any proceedings against him. We are counsel for his Honor, the Mayor, and represent him here in anything concerning him. Mr. Clay : The Committee don't desire to do anything that will operate against the Major, but we do want to get a full knowledge of the transactions in which he has been concerned, touching this investigation. Mr. White (of counsel for the Mayor) : I understand that. I have nothing to do with such action of the Committee. I simply say that we are not counsel for the Major, and cannot take any responsibility on his account, or give advice to him ; nor do I think that any proceedings here touching his conduct affect our client, the Mayor. Mr. Earle (of counsel for Mayor Smith) : If you think the Major ought to have counsel, I w^ould suggest that he be so notified, and that he be given an opportunity to get counsel. Certainly we are not his counsel. Mr. Clay : Well, we will proceed with the examination. By Mr. Clay : Q. (Addressing the witness. Van Blunk). Where do you reside ? A. No. 1206 South Sixth street. Q. That is your residence ? A. Yes, sir. Q. Do you have a place of business ? A. It is there also. 441 Q. What is your business ? A.. I am a real estate agents Q. Do you know John L. Linton ? A. Yes, sir. Q. What relation have you with him, if any ? A. He is the lessee of a house I am the agent of. Q. Located where ? A. I cannot give you the number at present, but it is on Park avenue north of Diamond street, on the east side. Q. Did you ever have any other relations with him ? A. No, sir. Q. You collect the rents of that house from him ? A. I do. Q. Did you ever receive money from him for any other purpose ? A. No, sir. Q. Except for the rent of the house he occupies as tenant under you ? A. That is all. Q. Do you recognize this check ? (A check here produced and shown witness.) A. No ; I cannot say that I do. The time is so far back. Q. Look on the back of the check and tell us whether you recognize the endorsement ? A. I do. It is mine. Q. Whom did you receive that check from ? A. I suppose from Mr. Linton, judging by the signature and my endorsement. Q. Did any other person ever pay you the rent of that house ? A. I have received moneys from other parties for him. Q. Are you acquainted with his signature ? A. I cannot say positively that I am. 56 442 Q. You say that you received that check as rent of the liouse that Major Linton occupies ? A. I suppose so. I would accept that as my signature (indicating signature on check), but it is dated so far back. Q. You never received money for any other purpose from Major Linton ? A. No, sir. I have no recollection of it, and I don't know that I did. Our business relation has stood as landlord and tenant — I am an agent and he is the lessee. Mr. Clay : Does Major Linton desire to say anything ? Major Linton : I am not represented here by any attorney, but I am willing to take the stand and make an explanation :about the check, by permission of the Committee. Mr. Clay : Very well ; but that is something for you to de- rtermine yourself. ■John L. Linton^ recalled. Mr. Clay : If Major Linton is going to take the stand, wouldn't it be well to inform him that he need not testify if he does not want to. And wouldn't it be well to suggest to the City Solicitor that he should instruct him as to his rights ? Mr. Clay : I was just going to ask that that should be done. Mr. Warwick (the City Solicitor) : Major : If any answer you should give to any question will tend to criminate you in any way, you need not answer the question — you need not answer it. The Witness : I am willing to answer all questions put to me with reference to that check. I am perfectly willing to .answer. 443 By Mr. Claridge : Q. Is that your receipt? (A paper is here produced and shown witness.) A. It is. Q. Is that your endorsement on the check ? (A check is here produced and shown witness). A. That is my endorsement. Q. Tell us whom you got it from ? A. I got it from the Penn Oil Manufacturing Company. Q. Tell us why it was paid you ? A. For a license of a wholesale dealer. Q. Didn't you state to this committee yesterday that you had kept in your possession all the moneys you received for licenses, and that they never went out of your possession ? A. I did. Q. Can you explain to the Committee how you could give that testimony and yet use this check in payment of your rent ? A. I w^ill explain it to the Committee and my explanation will cover checks of this sort or kind. There may have been others. Usually I received the cash. In this case the pay- ment was by a check, and, to save myself the trouble of going to bank and collecting it, I paid it to Mr. Van Blunk as cash on account of my rent, besides $20 in cash. My warrant for the previous month had not yet been cashed. It was to save myself the trouble of collecting this check, which I did in all cases of coal oil licenses, take them to bank and have them cashed, and then deposit the money in the fire-proof. The very day on which I presented this check, or handed it to Mr. Van Blunk, my warrant was cashed for my previous month's pay, and then I took $20 out of that, which this check repre- sents, and placed it in the fire-proof, together with the other moneys for the coal oil licenses. That is my truthful expla- nation of the matter. 444 Mr. Earle (of counsel for the Mayor). As this is an in- vestigation of the Mayor, I think the witness ought to be asked whether the Mayor had any knowledge of the transaction. By Mr. Clay : Q. Can you answer that question as stated by Mr. Earle ? A. The Mayor had no knowledge of it. Q. It Avas something you did yourself? A. Yes, sir. Q. Did you report it to him, A. No, sir — I didn't. The money on the same day went into the fire proof with the other moneys collected for coal oil licenses, in the same manner I have represented. Q. What did you mean when you said that this money was never used in any way by anybody — neither by the Mayor,, yourself, or by anybody else ? A. I mean just wdiat I said. Q. And notwithstanding the fact that you used this check t A. It was a matter of simply going to bank and drawing the money and placing it in the fire proof. Probably within from fifteen to twenty minutes afterwards the warrant was cashed and the money was placed in the safe. It saved me the trouble of going and getting the cash. Q. On what day of the month is the rent due ? A. On the first of the month. Q. Do you ever pay it before it is due ? A. Never. Yes — I have paid it in advance. Q. You have an account in the Provident Life and Trust Company ? A. I have. Q. What did you do with other checks of this kind which you received ? A. I don't know. If I turned them into cash that way I immediately placed the cash in the fire-proof — always. I never allowed the banking hour to go over. 445 Q. What was the object of your keeping an account in the Provident Trust Company ? A. I have some money belonging to my wife, and I have a small income, myself, from my father's estate. By Mr. Bardsley : Q. At what time in the month did you pay the rent that this check was a part of ? A. On that same day. I didn't want the agent to call the second time for the rent. I didn't have cash enough of my own at the time — only $10. I gave him the check in order to relieve him from coming another time for the money. Q. On the 25th of February you paid the rent and this check was part of it ? A. Yes, sir. Sometimes I paid it later in the month, and sometimes earlier. Q. What did you say a few minutes ago, as to how soon afterwards you received your warrant ? A. About the first of the month. Q. But what did you say a few moments ago, as to when you received your warrant after this transaction ? Did you say a few days ? A. No. The check is dated February 25th. I held that •check. It was not drawn, not presented for payment until the date of the payment of the rent, which I think Avas paid at the beginning of the month. I held this check without pre- senting it to the bank and paid it to Mr. Van Blunk as part of my rent. That is the way it occurred. Q. I understood you to say, a few moments ago, that you paid it to Mr. Van Blunk on the day it is dated ? A. I didn't say that. Q. Didn't you say that a few minutes ago ? A. From the date of the check I am convinced, in my own mind, that I held it several days, until probably after the first of the month. 446 Q. Didn't you tell this Committee, a few minutes ago, that you paid it to Mr. Van Blunk on the day it is dated ? ^ A. No, sir. You misunderstood me. Q. When did you pay it to Mr. Van Blunk ? A. Upon the first of the following month. Q. About the first of March ? A. Yes, sir. I held it from the tw^enty-fifth until about the first, or second, or third of the month. Q. Of March? A. Yes, sir. Q. When do you get your warrants ? A. On the first of the month. Sometimes on the day or the evening before. Q. Sometimes on the last day of the month and sometimes on the first of the month ? A. Y^es, sir. Q. Then what object could you have in usiing this check at all in the way you have stated ? A. I have explained that. My warrant Avas not cashed. It was there on my desk at the time. On the very day I paid my rent my warrant was there. W^hen I used that check as part payment — on that very day, that identical day, my war- rant was cashed and the $20 or the $10, were placed in the fire-proof where the money belonged. Q. Why did you use it ? A. Only as a matter of convenience to myself — instead of going to bank and drawing it. Q. Then it was about the same day you got your warrant cashed ? A. I have already said that on the very same day I paid my rnet my warrant was cashed, and the $20 or the $10 were placed in the fire-proof. Q. I understand you to say, now, that within a few minutes afterwards you got your warrant cashed ? A. Yes, sir. 447 Q. "What did you say you did with similar checks ? A. If I received any others, some Avere drawn from the bank, and I may have placed the cash in the fire proof, or I may have taken them myself. Q. Didn't the majority of the wholesale dealers pay in checks ? A. I am not sure of that. I think a great many paid cash. I don't recollect. Q. When you received a check you went to bank and drew it? A. Yes, sir ; or if I cashed it the money was placed in the safe. I may have placed it in my own account. Q. How do you mean ? A. In the Provident account. Q. Sometimes, then, you deposited these checks in the Provident ? A. If I cashed them I placed them there. But if, cashed them I placed the money were it belonged, in the fire proof. Q. I understood you to say to Mr. Clay that you only used the Provident account for private matters ? A. Yes, sir ; for myself and wife. Q. You were in the habit of using or depositing these checks ? A. I cashed them myself if I had the money and took the check and deposited it and placed the money in the fire proof. Q. Then you would deposit the checks and draw the money from the Provident ? A. No, sir ; I mean if I had the cash on hand I would in- variably cash the check and place the money in the fire proof, and then take the check and get it cashed. And I paid the Fire Marshal's fees before I took the check myself. Q. How much did the Fire Marshal get out of this check ? A. Five dollars. Q. And you got five dollars. A. Yes, sir. 448 Q. And the city got ten dollars ? A. Yes, sir. Q. Did you deposit all or nearly all of the checks of this character in the Provident account ? A. No, sir ; nearly all of them I sent and had them drawn. It was very seldom it occurred in any other way. If I had the money I would do it in that way in order to settle with the Fire Marshal, which I did, regularly, on the following morning. Q. You did not keep his money, at any rate ? You paid him every morning ? A. I did. I settled with him daily for the previous day's work. Q. Did you hear Mr. Wood's testimony last evening? A. I did, and it was false. Q. You say it was false ? A. Most positively fake. I paid him daily, and he was very prompt in calling for it. Q. Every morning ? ♦ A. Yes, sir. Q. So you didn't get a chance very often to deposit in the Provident ? A. No, sir. I never used the checks in that way. I pre- ferred not to have the use of one cent of the city's money in my own private account. Q. That is what you testified to yesterday, very distinctly and emphatically, and that is why I have called your attention to the matter ? A. The facts of the transaction as they occurred in connec- tion with this check may have occurred with any ordinary business man. They do occur — they occur constantly. Q. There was no intention of using the money ? You never did use any of these moneys ? A. No, sir. 449 By Mr. Edwards : Q. How often did you pay your rent, monthly or quarterly ? A. Monthly. Q. Ever in advance ? A. Sometimes in advance. Q. What was your monthly rent ? A. Thirty dollars. Q. What does the house rent for ? A. Thirty dollars a month. I have been in it for nearly ten years. Q. How did you pay the balance of that rent ? A. By cash out of my pocket. I made it up in that way in order to save the agent from calling a second time for his rent. It was done in that way. It is something that you gentlemen, and all of you are business men, will understand. I did it to save myself the trouble of collecting the check, and to accommodate the agent, who called for the rent. Inside of fifteen minutes afterwards I received my warrant. My war- rant was cashed. It was lying in front of me at the table. Then the amount of $10 was placed in the fire-proof, together with the other moneys from the coal oil licenses. Q. What was the manner of paying your rent ? When it was due ? What was done by you and the agent ? Did you ■ go to him to pay the rent, or did he call for it ? A. He would call for it ? Q. Where would he call for it ? A. Sometimes at the house and sometimes at the office. Before I occupied that office it was generally at the house. Q. Where was the rent paid on the occasion that this check was used ? A. At my desk in my room. Q. Where was this check at the time ? A. Lying in front of me. 57 450 Q. In your room ? A. I think it was on the desk ; but I may have taken it out of the fire-proof. I cannot tell about that. Q. What did you do, as a rule, with money for licenses when they came in your possession ? A. Invariably placed them in the fire-proof. Q. You did not always keep them there, like Mr. March ? A. I don't understand you. Q. You did not always keep the money in the safe ? You put it in the safe, but you did not leave it remain there ? A. Y^es, sir ; all the time. Every dollar I received for coal oil licenses and for amusement licenses and gunpowder licenses which Avas not paid over to the City Treasurer, was kept sacred in the fire-proof. Q. You knew that this was city money? A. Not all of it ; ten dollars of it only ; the other was the Fire Marshal's. Q. You knew you had collected those ten dollars, payable on a check. Did you hold that sum for the use of the City of Philadelphia ? A. Well, there was my warrant ; and it did not exceed thirty minutes — it may have been only fifteen minutes — before the warrant was cashed, and the money was then placed where it belonged. Q. How many checks of this kind did you deposit in the Provident ? A. I cannot say whether I ever did before. I may have. If I did, the cash was paid into the fire-proof in lieu of the checks always. I want you to distinctly understand that this is the truth, under my oath, in reference to the matter. 451 By Mr. Roberts, Chairman : Q. Did you ever carry such checks for several days before you used them ? A. I may have done so. Doubtless, by the date of it, it was done in this case. The Fire Marshal was settled A^ith the following morning. Q. But the bank was so near that it would have seemed to be better for you to go and draw it. Suppose, for instance, that man had died? A. Well, probably it would have been better. I see it now. By Mr. Lawrence : Q. Why did you not give your own private check for this money ? A. The reason was that I had my warrant before me, and expected every moment that it w^ould be cashed. That is why I did not do it. Q. You have referred to ordinary business men. Do any business men, as a rule, give their own checks in payment .of bills ? I never would think of giving a man a check paid to me. I would give him my check and deposit a check payable to me ? A. That w^ould be, probably, the best course to pursue. But I am not idle in the office. I was very busy, probably, at this very time. I don't recollect the exact time, but I know that in order to save my time and to save the agent trouble I did i-t in this way. Q. When you said "my room," you meant the office? A. Yes, sir. Q. You say that you had this check in front of you on the desk ? A. Either I had it before me on the desk, or I took it from the fire proof. 452 Q. And the way you came to take it was because it pened to be in front of you ? A. It was the only check I had on hand at the time. I don't know whether I took it from the fire proof or whether it was before me. By Mr. Roberts, Chairman : Q. How much longer would you have kept it if the agent had not called ? A. Only to the end of the month, at any rate. By Mr. Bardsley : Q. Why do you say "only to the end of the month?" A. Because at the end of every month I count the money over to see that it corresponds with my memorandum of cash. Q. Then you did keep memorandums of cash ? A. Yes, sir. Q. In a book ? A. No, sir : They were little slips — designating the parties who had paid, and where they resided and what the money was paid for. Q. What did you do with those little slips ? A. When I settled the account I had no more use for them. Q. With whom did you settle ? A. With the Mayor. Q. When did you settle with the Mayor ? A. I gave him the money the day he paid it into the City Treasury. Q. How long had you had that money ? A. It was a small amount— 1300 or $400 or $500. I had it from the middle of January, a small portion of it, and then it increased as time run on. Q. So you carried those little slips from January until you paid the money to the Mayor and he paid it into the Treasury, some time in August ? A. Yes, sir. 453 Q. Did you carry those slips around with you from January to August ? A. Yes, sir. Q. Where did you carry them ? A. On a file. Q. They were just little slips in front of you ? A. Yes, sir. Q. Those were your only memorandums ? A. I entered them in the coal oil book. Q. What is that ? A. I entered them also in the coal oil book, the wholesale and retail dealers which I have at the office. Q. You entered the receipts in that book ? A. I entered the daily payments made to me in that book, and I also kept memorandums w^hich I destroyed after the set- tlements were made. Q. Why did you keep memorandums of them ? A. I don't know ; but as a sort of a check, one against the other. Q. It w^as a check upon yourself, and when you made the entries from the slips into the book you didn't have any further use for the slips ? A. No further use. Q. Still you held on to them ? A. I destroyed them when the moneys were paid into the City Treasury. I no longer had any use for them. Q. I understand you that this check was either on your desk or in the safe the day you paid your rent, and that you took $10 more than the amount of the check and put those $10 to it. May I ask you were you got the f 10 from ? A. I took them from my pocket. Q. Not from the safe ? A. No. 454 Q. But you had money from the gafe ? A. I had the whole of the money. Q. Did you only take the check from the safe and leave the money there ? A. Yes, sir. Q. What difference would it have made if you had taken $10 in notes from the safe instead of taking the check out ? A. I wanted to have the check collected. Q. You wanted to save the trouble of depositing it in the Provident. You had been waiting several days with it when the agent called upon you— about the first or second or third of the month. He happened to call the same day you got your warrant. Had you been keeping this check waiting for him to call upon you ? A. No, sir. Q. Had he called before to see you ? A. I don't think he had. Q. I understood you to say that he had ? A. I don't recollect. He can answer that question himself. By Mr. Edwards : Q. Are you in the habit of taking receipts for your rent ? A. Always. Q. Have you a receipt for this rent ? A. I have it at home, but not here. By Mr. Clay : Q. You recollect the testimony of Mr. Lovatt. He testified that he was present the day Etta Hymens paid you $100 for a license, and he fixed his presence from the fact of seeing her execute a bond at the time the payment was made. If you recollect your testimony yesterday, it was to the effect that Etta Hymens had never signed a bond. A. I don't recollect that I said that. 455 Q. You have found the bond of Mr. Rosenthal but not the bond of Mrs. Etta Hymens ? A. I didn't look for it ; you told me about Mr. Rosenthal and I found Mr. Rosenthal's for you. Q. Didn't you testify that there was no bond in this book (indicating bond book) in favor of that Avoman? A. No, sir ; I don't recollect that I did. (The book is here exhibited to witness and a certain bond pointed out to him.) The witness : That is the bond of Etta Hymens, but it is cancelled. Q. What do you mean by that ? A. When she called to see me in reference to her license, she said she didn't expect to be in business long — that she ex- pected to go out of business, but that she would give her bond. That is all that occurred. Then she notified me about going out of business and I returned her policy of insurance ? Q. But what about her money A. I have no recollection of any payment of money to me, unless it is on the list Avhich you have. I have no memo- randum, no knowledge, no nothing that she ever paid the money. The reason, I think, was very likely because she was going out of business. Q. So that it would have been of no particular use to her to do it ? A. I expect that she thought it was of importance for her to at once execute her bond. I told her that. I told them all that. I told them that if they kept their doors open they must have their bonds executed. Q. Didn't you tell her also that it was equally necessary to have a policy of insurance filed ? A. That she did. When she went out of business she save me notice and I sent her the policy of insurance. 456 Q. Well, we have testimony before the Committee that cer- tain parties saw her pay the money ? A. I had no memoranda, no nothing that she paid the money. If she paid it it is in the book, which is here. By Mr. Lawrence. Q. Did you yesterday disclaim all knowledge of Etta Hymens ? A. It was on account of her going out of business when the bond was cancelled and the policy returned. By Mr. Bardsley. Q. Now, that bond is here (indicating a book), you might have told us that ? A. Well, it was cancelled and was not in existence. That was my meaning. Q. Do you mean to tell this Committee that you wanted us to infer that you knew she had a bond ? A. No, sir. I didn't recollect the case at all at the time I gave that testimony. Q. Now, this is the lady who told her friend that she had not paid you the five dollars. Perhaps that will bring it to your mind ? A. Her money is not there. And all the parties who paid have their names entered in this book (indicating a book). I was asked the question if there was a bond for Etta Hymens. It was my error in saying that she had not given a bond. She had given it, but she went out of business, and we cancelled it. By Mr. Lawrence : Q. Were you not handed a slip yesterday, containing the name of this lady asked to furnish the Committee with infor- mation as to whether she had filed a bond or not ? A. Etta Hymens' name was not on the list given me. Mr. Rosenthal's name was on it. I tore up the memorandum to- day, but I have the torn pieces in my waste basket. 457 Q. When this book was brought before the Committee by you (indicating a book) you exhibited the bond of Daniel Rosenthal, and made a positive assertion that Mrs. Etta Hy- mens had not filed any bond ? A. I didn't make a positive assertion. I was asked by some- body whether her bond was given. Somebody back of me said that there was no bond of hers. By Mr. Bardsley: Q. Who said that ? A. I don't know who. Somebody back of me said it, and my impression was that there was no bond ; but her bond is here undoubtedly (referring to the book). I made a thorough examination with regard to Etta Hymens, and I can find nothing that designates that she paid her license. By Mr. Roberts (Chairman.) Q. Did you ever balance your cash to see whether it agreed with your slips ? A. Yes, sir. I go all over it — I do that every month. And the moment the Mayor told me to bring the money into him, I brought the whole into him. By Mr. Reinstine : Q. You have stated before the Committee, that Mrs. Hymens came to you and gave you notice that she was going out of business ? A. Yes, sir. Q. And upon her saying so you cancelled the bond ? A. Yes, sir. Q. When was that ? A. I don't remember the date ; but the policies were sent for and handed to her. In her case her policies were trans- ferred to the Mayor, which was an error of the Insurance Company, and it was necessary for me to go to the Company and get them re-transferred, and he had to sign the re-transfer 58 458 Q, Is it not the law that pawnbrokers have to keep goods for a certain length of time ? A. I don't think that she did any business whatever. Q. But she did business in December. She had to keep the goods for four or six months — didn't she ? A. I don't know what the law is. Q. She had a place open and was doing business and re- ceiving deposits ? A. I don't think she did any business. Q. She was doing business in December, and if she didn't take out a license in January she couldn't deliver the goods? A. Well, I don't know about the law. Mr. White (of counsel for the Mayor). Whilst I am not counsel for Major Linton I think it is only right and just, regarding him, to call the attention of the Committee to some- thing they may have overlooked. As I understand it, this check in question Avas given to cover two payments — one to City and one to the Fire Marshal. Now — this is the point I make —not a dollar of that belonged to either, until the money was so appropriated. Of necessity, this man must have made a division. It was his duty in getting a check for $20, in some way to cash the check and give half of the proceeds to each of the persons entitled to them — not half of the check. He couldn't do it otherwise. Upon motion the Committee now adjourns. REPORT. To the President and Members of Common Council of the City of Philadelphia, Gentlemen : — The Committee appointed under the resolu- tion of September 2, 1886, to investigate accusations against Hon. William B. Smith, Mayor of Philadelphia, and the man- agement of the department under him, respectfully reports that, on September 4, 1886, a meeting was called in the Select Council Chamber, in pursuance of said resolution, for the purpose of taking testimony in relation to said charges. A number of witnesses had been subpoenaed, and were about to be called, when Mr. Bardsley, a member of the Committee, arose and invited the gentlemen who represented his Honor, the Mayor to make any statements that they might deem proper, looking to the refutation of any of the charges. Mr. Ruddi- man, of counsel for his Honor, the Mayor, then handed to the Committee a letter, dated September 3, 1886. addressed to Charles Roberts, Esq., Chairman, and members of the Com- mittee of Investigation, which letter is printed in full, and will be found on page 7 of the testimony taken in the case, and presented with this report. The first witnesses who were called were the pawnbrokers, whose names had been furnished to the Committee. They testified that they had each paid to Major John L. Linton, the Secretary of the Mayor, $100 for licenses, for 1885 and 1886, as required under the ordinance (459) 460 of February 16, 1856, sect. 1. A number of these witnesses testified that they had paid these fees by check. A. J. McGarry produced five checks. The first, No. 461, dated January 3, 1885, on the Penn National Bank, to the order of the City Treasurer, or bearer, for $100, signed A. J. McGarry. Endorsed " William B. Smith, Treasurer." De- posit to the credit of William B. Smith, Treasurer. Mr. Mc- Garry stated that when the check was originally presented to the said Secretary of the Mayor the words " Or bearer," in print, were stricken out. In answer to the question — Were the words stricken out by you ?" he replied, " Yes, sir." He was then asked, " But the words, ' Or bearer,' in writing, were inserted; was that by you?" He answered, "That is not my handwriting," and further stated that it was not done with his knowledge or consent. See pages of the printed testimony 27 to 30. Check No. 92, of date January 3, 1885, to the order of the City Treasurer, or bearer, $100, signed Harvey & Mc- Garry, and endorsed " William B. Smith, deposit to the credit of William B. Smith, Treasurer." The testimony in relation to this w^as the same as that in regard to the previous check. Three other checks were handed to the witness, dated January 6. 1886. Two of them, Nos. 8 and 9, were on the National Bank of the Northern Liberties, payable to William B. Smith, or order, $100, signed A. J. McGarry, and endorsed "De- posit to the credit of William B. Smith, Treasurer." The other check, No. 121, dated January 6, 1886, on the Penn, National Bank, payable to William B. Smith, Treasurer, or order, $100, signed Harvey & McGarry. Endorsed " Deposit to the credit of William B Smith, Treasurer." The witness testified that the checks were handed by him to the Secretary 461 of the Mayor, and that originally they were drawn to the order of the City Treasurer, and that without his knowledge, or any authority from him, the name "William B. Smith" was written in the body of the checks after they left his hands. (See Testimony pages 29, et seq.) It was further shown in testimony that in many instances in 1886, even when the conditions of the ordinance were com- plied with, the licenses were not issued for many months after the payment of the fees, and the testimony showed that in 1885 in many cases licenses were not issued until December of that year. It was further in evidence that upon the fifth day of January, 1886, a fee of $100 for a license was paid by Daniel Rosenthal, a pawnbroker, who at that time was in business at 1127 Poplar street, and in the return made by the Mayor to the City Controller and City Treasurer no such amount for such a purpose is accounted for. In another case brought to the attention of the Committee, Thomas B. Lovett, residing at No. 224 Lombard street, testi- ified that he was in Major Linton's office the morning that Mrs. Etta Hymens came to pay her license ; that he saw her go to Major Linton, and saw her bondsman sign the bond, and saw her take out her pocketbook and take money out of it, but that then his attention was directed to another part of the room, and he supposed, of course, that she paid the money. He admitted that he did not see her give the money to Major Linton, but saw her take the money out of her porte- monnaie. After that he walked down the street with her as far as Walnut street,^and she made a remark that satisfied him that she had paid the money. This fee is not accounted for by the Mayor in his return to the Controller. Briefly, then, the testimony above referred to shows that money for 462 license fees as received at the Mayor's office in the years 1885 and 1886 ; that the fees was sometimes paid by checks, and that several of the checks were altered by some one in the office of the Mayor, without authority and not in the presence of the makers ; that those checks, so altered, were endorsed by the Mayor, "William B. Smith, Treasurer," to correspond with the alterations made in the bodies of the checks, and by the said " William B. Smith, Mayor," deposited to his own account with the Fidelity Insurance, Trust, and Safe Deposit Company ; that in many instances the conditions required by the ordinance of the city were complied with upon the part of the pawnbrokers, and that the licenses of the said pawnbrokers were not issued in 1885 until the close of the year, and in 1886 not until months after the fees were paid, and by reason of this negligence the said pawnbrokers were allowed unlaw- fully to conduct their business in this city in violation of the provisions of the act of February 24, 1859. It was further shown that even after the payments of the fees, in many instances, the conditions required by law were not exacted by the Mayor. The Committee then called witnesses in reference to the charges against the Mayor to his use of these moneys for his own purposes. Robert M. Scott, the general bookkeeper of the Fidelity Insurance, Trust, and Safe Deposit Company, testified that he had charge of the account of William B. Smith, " Treasurer," that the account had been in that shape since December 8, 1880. The said William B. Smith also had an account as " Trustee," to the credit of which no deposit was made since the 28d of June, 1882. That as to the account of William B. Smith, " Treasurer," it appeared that on February 4, 1885, 463 the balance to his credit was $2,929.10, and that the first item to his credit, under date of February 4th, is interest to the amount of §9.27 on the average balance at 2 per cent, per annum for the previous six months. On the 5th of August another balance is struck showing ?6,714.10 to his credit, and on the same day is passed to his credit $14.76 interest. The witness was then asked as to the condition of this account on the 1st of July of this year. The answer was that the Mayor had a balance to his credit of $2,354.06, and on the 15th of July it was $1,135.73 ; on the 24th of July it was $754.47, and on the 28th of July, $5.27 ; on the 30th of July it was $27.67, and on August 2d $52.54, and then it was overdrawn $97.56, and on the 5th of August it was overdrawn $47.66, and this overdraft was not made good until the 11th of the same month, and then a deposit of $500 was made. On the 20th of August he had $1,014.44 to his credit ; on the 21st of August he had $414.44 ; on the 24th of August he had $6,709.44, and on the 28th of August he had $629.44, and that was his balance on the morning of the giving of the testimony by the witness. On July 6, two checks went to protest for the want of sufficient funds, checks Nos. 106 and 108 for the respective sums of $123.17 and $211.80. When the account was overdrawn the bookkeeper notified the Mayor of the over-draft, sending word to his office twice, first a writ- ten notice and then a verbal message. A number of checks were then produced running from July 20 to August 27, but the first check in the year 1886 to the order of Frank F. Bell, City Treasurer, for the moneys received by the Mayor for license fees, etc., was for $400, dated August 20. The second check was dated August 23, and was for $2,300, the third was 464 dated August 24, and was for $5,300, the fourth dated the same date for $670, and the fifth dated August 27, for $128. It was admitted by his Honor, William B. Smith, that all the moneys that came into his hands by cash and by check for the issuance of pawnbrokers' licenses were deposited by him in his account with the Fidelity Insurance, Trust and Safe Deposit Company, and it was proved by the testimony of Robert M. Scott, the general bookkeeper of that institution, that these moneys were drawn upon by the Mayor for his per- sonal use, and that he had no other account in that bank in which these moneys were deposited. That during this time the balance was reduced to the sum of $5.27, and at times overdrawn. Robert P. Dechert, City Controller, submitted to the Committee an analysis of the Mayor's returns, made on the 27th of August, compared with the payments made by the Mayor into the City Treasury. At the close of January, 1886, he should have paid into the City Treasury $5,660, and at that time he had paid nothing. At the close of February he had collected $6,470. At the close of June, his collections had increased to $8,432.39. In other words, at the end of June he was short $8,432,39. On the 2d of July the short- age had increased to $8,834.39, and on the 13th of August the amount was $9,008.53. On the 17th of August $9,108.53, and by reason of a payment to the city on the 20th of August it had decreased to $8,483.53. The Controller further testi- fied that in May or June, he called Mayor Smith's attention to the fact that no money, save $2.50, had been paid into the City Treasury, and that unless there was a payment made, the department would receive no credit in the estimates that were being prepared for Councils upon which the appropria- tions were to be based for the year 1887. 465 The reply of the Mayor was, that the matter would receive his attention promptly, but nothing was done. The above testimony having been taken, Mr. Roberts, the Chairman, stated publicly that it was the sense of the Committee that the Mayor should be heard personally, or by counsel, and also any witnesses that the Mayor might designate should be heard before the Committee, and that it would give the Chair, as representing the Committee, great pleasure to issue orders for any subpoenas desired by the Mayor or his counsel. After this announcement by the Chairman of the Committee, the first witness to appear was Howard March, Chief Clerk to the Mayor, who testified that it was his duty to collect the fines of policemen and the penalties for redemption of dogs. That in 1884 he collected for redemption of dogs $1,140. That of that amount he turned into the City Treasury $810, and re- tained in his possession $330. In 1886 he collected from this same source $1,784, of which amount he paid into the City Treasury $1,084, retaining in his possession $700. In 1886 he collected $1,148, all of which money he returned to the City Treasurer, still retaining the balance of City's moneys he had collected during 1884 and 1885, amounting to $1,030, which, after giving his testimony, the Committee directed him to pay to the City Treasurer. The Committee also examined as witnesses the Chief of Police and Mr. Kelly, the Chief of Detectives, a number of lieutenants, and some special officers, among the latter of whom may be named Alexander Gray, and the Committee respect- fully refer your Honorable Body to the testimony to be found on pages 202 to 279. The developments made in the testimony produced before the Committee resulted in bringing about the resignation of 59 466 Alexander Gray, who upon the stand admitted that he had sneaked from his duties," and that he would do so again if he had the opportunity. At the time this testimony was given, a warrant was in the hands of the Controller for his pay for the month of August. John L. Linton was called as a witness, and testified that he was Secretary to the Mayor ; that he had altered the checks of A. J. McGarry and Harvey & McGarry, which had been received by him in payment of fees for pawnbroker's licenses. That the alterations in the checks had been made so as to enable him to deposit the checks to the credit of the Mayor, in the name of " William B. Smith, Treasurer." He further testified that no parts of the receipts for coal oil, theatrical or gunpowder licenses ever left his custody from the date of receipt to the date of their payment into the City Treasury. Yet it was subsequently shown, on the testimony of reliable witnesses, and admitted by Mr. Linton himself, that he had used a check for the payment of his rent — a check received from the Penn Oil Manufacturing Company in payment of their coal oil license for 1886. It was also in evidence that the Secretary to the Mayor kept no books of account, no books showing the receipts of the Mayor's office or of pay- ments to the City Treasurer, nor were there any books in which were kept the records of the details connected with the issuance of licenses to pawnbrokers. Without commenting further upon the methods of Mr. Linton, the Committee re- spectfully refers to his printed testimony. Hon. William B. Smith then came upon the stand. The Chairman of the Committee asked him to make any statement that he desired to make bearing upon the matter under investi- gation. He testified that in 1884 he instructed Major Linton, 467 who was his secretary, to examine into the matter of the pawn- brokers licenses, and to compel the payment of the fees, and a compliance with the conditions required by law. Early in 1885, the money received as license fees was placed upon de- posit in the Fidelity Insurance Trust and Safe Deposit Com- pany to the account of William B. Smith, Treasurer, which was a general account, " never truly official and even personal." He further admitted that the said money which was so de- posited had been drawn against and used by him for his own purposes, and that at the time he felt completely satisfied that the City of Philadelphia could not be put to any loss, as he always had resources far more than the amount so deposited, subject at any time to any demand from the city. He testified that when this demand was made upon him he could have paid the City Treasurer, in direct cash, out of the safe in his office ? In regard to the money for the redemption of dogs, he stated that he assigned Mr. March as the agent to receive all moneys from that source. It will be seen by a reference to the testimony of the Mayor, to be found in the printed testi- mony from pages 337 to 394, that the defence set up by the Mayor, as to the use of this money, was in order to remove any suspicion of an intention on his part to misuse it or mis- appropriate it, and that he felt himself able at all times to meet every demand from the City for these moneys, as he had a greater sum in his safe, or in his pocket, than was due the City, but that he did not so pay it while these charges were being made, simply because he did not care to be driven. In corroboration of these statements Mr. Fell, a clerk in the office of the Mayor, testified that there was a private safe in the office in which the Mayor kept large sums of money. Mr. Fell also stated that upon one occasion, the date he could not 468 remember, he thought he counted the sum of $15,000, and that the money so deposited was in packages ; and, in further corroboration, Isaac H. Shields, Esq., counsel of the Mayor, said at one time, seeing a large package of money in the safe, although he did not know the amount, he told the Major that it was not prudent to keep money in that way. The Committee, after a careful examination into and a con- scientious consideration of all the facts, says with great reluc- tance that it is most difficult to believe the statement of the Mayor that he had at all times in his safe sums of money ranging from $5,000 to $15,000, which money was kept as se- curity for the deposits in bank, that he might at all times be ready to meet any demands from the City for the return of the license fees. This late defence is not consistent with the early statements of the Mayor in relation to the matter. It must be remembered that the Controller in May or June called upon him personally for an annual estimate, and for a return into the City Treasury of all the moneys collected by his depart- ment ; that the balance to his credit in the Fidelity Company w^as upon one occasion reduced to the sum of $5.27, at other times overdrawn, and in July his checks had gone to protest. That serious charges and accusations were affecting his stand- ing as a man, his reputation as a public officer, and the fair fame of the City. The Committee does not think it probable that any man, under such circumstances, if proof had been so close at hand would have failed to remove from his name the reproach and shame that was cast upon it. And even when the Controller was making an audit of the account at the office of the Mayor, and calling for the production of the deposit and check books, not a single reference was made to the money in the safe, the 469 very production of which, with proof that it had always been kept to secure payment in case a speedy demand should be made, would have relieved him of the serious charge of the embezzlement of public funds. And the Committee is further constrained to find that the tescimony of Mr. Fell does not corroborate the testimony of the Mayor upon the point that he had money at all times in the safe in sums sufficient to secure the payment of the moneys received for the city on deposit, to the credit of the Mayor in the Fidelity Insurance, Trust and Safe Deposit Company, inasmuch as Mr. Fell did not know the amounts of money that were in the safe, and kept no ac- count of them, although in a measure he was the custodian and the only person, except the Mayor, who knew the combi- nation to the safe. He did testify that upon one occasion he thought he handled and counted $15,000, but could not tell when it was. He kept no memorandum of the amount, and could not state the amounts that were in that safe at different times ; in fact admitted that he refrained from ascertaining the amounts ; nor could he tell what sum of money was taken out of the safe the day the deposit was made. The testimony, also, of Isaac H. Shields, Esq., is not in corroboration of the statement made by the Mayor. The fact that he, at one time, called the Mayor's attention to the keeping of a large sum of money in the safe, in no wise proves that that amount of money was kept there at other times, and all times, for the purpose of meeting just such a demand as was afterwards made by the Controller, and after some delay complied with by the Mayor. It is respectfully submitted by the Committee that the most careful consideration has been given to the testimony received. That under the resolution its simple duty was to find the truth or falsity of any of the charges and accusations made against 470 the Honorable William B. Smith, the Mayor of the City of Philadelphia. That without prejudice, bias or feeling, it has been the simple purpose of the Committee to call every witness who could in any way throw light upon the charges made. But, under the resolution, the Committee is of the opinion that there is no middle course for it to adopt. A reference to the resolution will show what is required of the Committee, it reads as follows : " And the said Committee are hereby instructed and directed to make report to Common Council as to the truth or falsity of such accusations, and if the truth of such accusations be established by the facts, and proofs exhibited before said Committee, that their report be ac- companied by articles of impeachment," in other words, that the report be in favor of impeachment. It will be seen that the resolution directs if all or any of the said accusations be established that the Committee must report in favor of impeachment, and in order to find for impeachment the Committee is of opinion that it is not necessary that the Mayor should be guilty of a crime, but that mal-administration, misuse of public funds, negligence and carelessness in the dis- charge of the duties of the office, by reason of which negligence and carelessness opportunities were given for the commission of crimes, are such malfeasance and mal-administration as will subject the Executive of the Department to impeachment. The Committee submits the following as its findings upon the charges preferred, and the testimony submitted : That his. Honor, William B. Smith, Mayor of the City of Philadelphia, is guilty of misdemeanor and mal-administration in office : 1. By receiving and retaining money paid for license fees, which it was not made his duty by any law or ordinance to receive, and then appropriating said money to his own use. 471 2. By retaining moneys received during the years 1885 and 1886, and neglecting to pay the same into the City Treasury in accordance with the ordinance of the city, ap- proved the tAventy-third day of December, 1872. 3. By failing to enforce the ordinance of January 19, 1856, regulating the trade of business of pawnbrokers, thereby per- mitting the said trade, or business, to be unlawfully carried on in 1885, until the latter end of the year, and in 1886, until August, and in some cases up to the present time, without the licenses required by said ordinance being first obtained. 4. By failing to exercise proper supervision over the affairs of his office, whereby moneys belonging to the city were collected during the years 1884 and 1885, and retained in the alleged possession of his Chief Clerk, who made no return to the City Treasurer or to the City Controller of moneys so received, and so retained, until forced to do so from fear of discovery in the investigation of these charges by this Com- mittee. 5. In that he was negligent in the discharge of his duties as a sworn public official, whereby it was possible for John L. Linton, the Mayor's private Secretary, to alter checks, drawn to the order of the City Treasurer that the Mayor might de- posit them in his private bank account, and that it was possible for the said John L. Linton to receive and retain public moneys and appropriate the same to his own use, which moneys should have been paid into the City Treasury, and in that the said John L. Linton was not required to keep any books of account nor to make return of those moneys which he had been delegated by the Mayor to collect. 4T2 6. By reason of his negligence in the supervision of the Police Department, special officers were appointed whose dere- liction of duty had to be admitted, and whose services were so seldom rendered that they could not account before the Com- mittee for the work for which they received pay from the city. The Committee recommends the adoption of the following resolution : Resolved^ By the Common Council of the City of Philadel- phia^ That the Honorable William B. Smith, Mayor of Philadelphia, be, and hereby is, impeached for misdemeanor and maladministration in office. Chas. Roberts {Ch'n), Henry Clay, Geo. B. Edwards, Alex. Reinstine^ Chas. F. Iseminger, John Bardsley, Chas. Lawrence. MINORITY REPORT. Philadelphia^ September 13, 1886. To the President and Members of the Common Counoil of the City of Philadelphia. Gentlemen : — As a member of the Committee to investi- gate the accusations against Hon. William B. Smith, Mayor of Philadelphia, I present the following report : The resolution under which this Committee was appointed cites — Firstly — That whereas. Honorable William B. Smith, Mayor of Philadelphia, has been openly and publicly accused of high crimes and misdemeanors in office, by the embezzle- ment and misuse of public moneys which have come into his hands. Secondly — And with unlawfully changing and so altering checks drawn to the order of the City Treasurer, in payment of fees due the City of Philadelphia, as to be enabled to de- posit such checks in a private banking institution to his account, and unlawfully retain, embezzle, and misuse the moneys realized therefrom. Thirdly — And of other acts and deeds inconsistent with the high office of Mayor and the proper management of the de- partment under him, the same being in violation of the laws- (473) 474 and ordinances governing and regulating the affairs of the City of Philadelphia. The Committee, as a body, find that the charge of embezzle- ment and that of altering of checks by the Mayor has not been sustained. Under the broad specification of " Misde- meanor in office " I am compelled to disagree with some of my colleagues as to their judgment. My reasons for this dissent are : That in an opinion given by the City Solicitor to his Honor, the Mayor, on the 2?d of August, in reply to a letter from the Mayor, he believed that the pawnbrokers' license money, lawfully^ should have been paid direct into the City Treasury by them, and the City Treasurer's receipt then to be presented to the Mayor as evidence that the license money was paid ; whereupon the Mayor should see that the require- ments of the law was complied with and the necessary license issued. Further^ That the Mayor, in his testimony, swore that he did not regard this money paid into his hands as the city's money, and that by the advice of his counsel, the money re- ceived from the pawnbrokers was not the city's money, and that he was not acting as the agent of the city, but as the agent of the pawnbrokers, in receiving and retaining these pawnbrokers license fees, which evidence was corroborated by the counsel who gave this advice (Isaac H. Shields, Esq.), and further testimony of the Mayor, which was corroborated and un- contradicted ; that he had at all times sufficient ready money in the safe in his office to meet any and all just demands upon him, and that when this question of paying this money, which was in his hands, into the City Treasury, became a matter of public com- ment, he sought the advice of the City Solicitor (his private coun- sel being away from the city at the time) and upon the same 475 day, upon receiving the advice from the City Solicitor that the moneys should be paid into the City Treasury, that they were so paid ; thus showing no disposition to retain them, or to do aught than what he considered his proper duty to do, under the circumstances. That while the evidence submitted to them shows that the methods of the office could be greatly improved, that the Chief Executive has been careless in the supervision of his subordinates, who first received these moneys, and that these same subordinates have been guilty of irregularities and reprehensible acts, that I do not consider that it has been substantiated that the Mayor has been guilty of the serious charge which has been made against him, and therefore I consider it a duty which I owe to my own con- science, arising from convictions which have been born from the evidence adduced before the Committee, that nothing has appeared before the Committee which calls for or which would, in any degree, justify them in presenting articles of impeach- ment ; therefore. Resolved, That this report be adopted, and the Committee be discharged from the further consideration of the subject. Respectfully submitted, WM. R. CLARIDGE, JR., Of Committee on Investigation. i i INDEX. Communications. Page From Smith, William B., letter 7 From " " receipts of Police Department, from 1876 to 1886 395 From McClure, A. K 92 From Dechert, K. P., City Controller, reference to receipts from all sources paid City Treasurer by William B. Smith, 1886 140 Schedule of balances in hands of Mayor, for 1886 142 From Linton, John L 361 From March, Howard, contract for taking up of dogs 166 From Scott, Eobert H., reference to William B. Smith, Treasurer, in account with the Fidelity Insurance Trust and Safe Deposit Company 95 Protested checks 106, 108 Resolution to appoint Committee 3 Report of Committee (Majority) 459 Report of Committee (Minority) 473 Witnesses. Abrahams, Benjamin 116 Allison, Albert C , 213 Ash, Joseph R 202 Baker, Andrew J 67 Baldwin, W. R 205 Bosbyshell, Oliver C 146 (477) 478 Page Catherine, Joseph W 148 Creir, J. Lewis I95 Dechert, Kobert P 120, 20O Devine, Elizabeth 190 Dungan, William L 212, 218 Fell, William F 396 Garman, A 87 Gray, Alexander 234, 418 Hamburg, Moses P 58 Harvey, Joseph 1 211 Hunt, Isaac P 75, 81 Jones, Henry A 85 Johnson, George W 5, 82 Kelly, Francis R 226 Kendrick, William D 72 Linton, John L 279, 321, 416, 431, 436, 442 Lukens, Ezra 425 Levy, Abraham 78 Linse, Solomon L 12, 193 Lyons, Edward H 233 Lovatt, Thomas B 194 McLaughlin, John 247 March, Howard 163 Mekeal, Joseph 37 McGarry, A. J 26, 88 McCaughin, George H 186 Myers, Jacob 63 479 Page Nathans, Samuel 20 Eichardson, William 198 Kpsenbaum, Adolph 76 Rosenthal, Daniel 47 Eosenthal, Jacob 42, 56 Spittall, William B 163 Scott, Robert H 93, 115, 152 Smith, William B 336, 415 Stewart, James, Jr 249 Shields, Isaac PI 333, 427 Smith, John F 424 Stephenson, James H 197 Usilton, Edwin L 220 Van Blunk, Francis C 439 Wood, Charles W 429