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share of such fees and charges, and knowing that the several cases 80 prepared by the said Utley were to come before him for examination and decision thereon, and afterwards passing upon and deciding the same in his official capacity. This done at Utica aforesaid, at different dates during the years 1862, 1863, 1864 and 1865, the precise dates and names being unknown.

The President then proposed to each Senator the question, “Senator, bow say you, is the second charge preferred against the accused proven?" when each Senator rose in his place, and responded as follows:

AS PROVEN.
Andrews C. G. Cornell Godard H. C. Murphy Sutherland
Barnett

E. Cornell Humphrey T. Murphy White
Bennett Crowley

Kline

O'Donnell Wilbor
Campbell Folger

La Bau
Sessions

Williams
Collins
Gibson
Lent

Stanford Wolcott 25 The third charge having been read by the Clerk, being in the words following:

3d. That the said George W. Smith, being such county judge as aforesaid, and as such, under the laws of this Štate, having the controlling voice in the appointment of excise commissioners in the said county of Oneida, did, with a view to his own personal advantage and gain, procure the appointment of Aaron W. Reynolds, George F. Weaver and Samuel P. Lewis as such commissioners; and did afterwards, to wit, in or about the month of February, A. D. 1865, with the same intent, procure from the commissioners so appointed, his own appointment, in writing, as the prosecuting attorney of the said board of commissioners, the same being a valuable office and appointment; that one Samuel J. Barrows, at and before such appointment of said Smith, held the said office under the appointment of the said board, and had discharged the duties thereof in a satisfactory manner; that the appointment of the said Smith was not published, but was kept secret; that afterwards and on or about the 22d day of March, A. D. 1865, the said Smith sold the said office and appointment to the said Barrows for the sum of $500, which was paid by the said Barrows and received by the said Smith therefor, and such appointment in writing given up to said Barrows and destroyed; that at the time of the payment of said money as aforesaid, and as a part of the same transaction, it was corruptly proposed and agreed by the said Smith that he would continue in office and re-appoint one of the said commissioners, viz: the said Weaver, for the purpose of securing the said office to the said Barrows; that it was understood by and between the said parties, that by the sale and giving up of said office and appointment by the said Smith, the said Barrows would continue in said office and employment, and could secure his own re-appointment thereto, which has been done, and said Barrows did continue in said office, and has hitherto and still does so continue, and has been re-appointed thereto. And it was further understood that said Smith was not thereafter to interfere with said Barrows in said office, but was to aid in continuing him therein, and securing the same to him.

The President then proposed to each Senator the question, “Senaior, how say you, is the third charge preferred against the accused proven?" when each Senator rose in his place, and responded as follows:

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Barnett Campbell
Bennett

(Senats JOURNAL)

6 AS NOT PROVEN. Andrews Folger

13.

Kline

T. Murphy Sutherland
Collins
Gibson
La Bau

O'Donnell Wilbor
CG. Cornell Godard

Lent
Sessions

Williams
Crowley Humphrey H. C. Murphy Stanford

19 The Clerk read the fourth charge preferred against the accused, as follows:

4th. That the said. George W. Smith, being such county judge, as aforesaid, and as such under the laws of this State, having the controling voice in the appointment of excise commissioners in the said county of Oneida, did, with a view to his own personal advantage and gain, procure the appointment of Aaron W. Reynolds, George T. Weaver and Samuel P. Lewis as such commissioner; and did, afterwards, to wit, in or about the month of February, A. D. 1865, with the same intent procure from the commissioners, so appointed, his own appointment, in writing, as the prosecuting attorney of the said board of commissioners, the same being a valuable office and appointment. That the said Smith, just prior to his said appointment, and with a view to his own gain and advantage, did propose to one James G. French, an attorney and counselor-at-law, residing at Utica, in said county, and to one William B. Taylor, as a friend of said French, that he would procure the said appointment for him the said French, or would give him his influence as county judge in that behalf, provided and on condition that the said French would go into partnership with the said Smith in that business or the business pertaining to that office and appointment, and would accept for his services one-third of the emoluments or profits of the same and give to the said county judge two-thirds of such profits and emoluments, which proposition was rejected by said French. And, further, that, after the said county judge had received the said office or appointment for himself, he made substantially the same proposition to the said Samuel J. Barrows, before the sale of said office to him, as in the last preceding charge specified and set forth.

The President then proposed to each Senator the question, “Senator, how say you, is the fourth charge preferred against the accused proven?" when each Senator rose in his place, and responded as follows:

AS PROVEN.
Barnett
Campbell E. Cornell White

Wolcott
Bennett

6 AS NOT PROVEN. Andrews Folger

Kline

T. Murphy Sutherland
Collins
Gibson
La Bau

Sessions Wilbor
C. G. Cornell Godard

Lent

Stanford Williams Crowley Humphrey H. C. Murphy

18 The Clerk read the fifth charge preferred against the accused, as follows:

5th. That at and before the time of the transaction, hereinafter stated and charged, one Henry T. Utley was the law partner of the said George W. Smith. That, on or about the fifth day of January A. D. 1865, one Charles E. Norton was confined in the county jail of Oneida county upon a charge of grand larceny. That the said Smith, being the friend of one Major John A. Haddock, then the acting assistant provost marshal general of the western district of New York, and, having authority in the premises, applied to and used his influence with the said Haddock to procure, and did procure from him a special order that the said Norton should be mustered into the military service of the United States, and that the bounty to which said Norton would become entitled on such muster in said county of Oneida, being the sum of six hundred dollars or over, shonld be paid to and retained by the said Utley, the law partner of said Smith. "That upon procuring said order, and upon the appli

, cation of the said Utley, the said county judge let the said Norton to bail-the said Utley becoming his surety, and, thereupon, said Norton was mustered into the service of the United States, and his bounty, amounting to six hundred dollars, was paid to the said Utley. That it was understood and agreed between the parties to this transaction that such bail bond was not to be enforced against said Utley, and, that, in pursuance of such understanding, the said county judge retained the same in his own possession and control, and did not file the same in the clerk's office of said county, nor deliver the same to the district attorney of said county, as by law he was required.

The President then proposed to each Senator the question, “Senator, how say you, is the fifth charge preferred against the accused proven ?" when each Senator rose in his place, and responded as follows:

AS PROVEN.
Andrews E Cornell Godard

T. Murphy White
Barnett
Crowley Kline

O'Donnell Wilbor
Bennett Folger

La Bau

Sessions Williams Campbell Gibson

Lent

Sutherland Wolcott 20

AS NOT PROVEN. Collins

C. G. Cornell Humphrey H. C. Murphy Stanford 6 Mr. Crowley moved that the further consideration of the case be made the special order for this evening, at 7} o'clock.

Mr. Humphrey moved to amend, that it be made the special order tomorrow morning, immediately after the reading of the journal.

The President put the question whether the Senate would agree to said motion to amend, and it was decided in the affirmative.

The President then put the question whether the Senate would agree to said motion as amended, and it was decided in the affirmative.

Mr. Godard moved that the Senate adjourn until to-morrow morning at 10 o'clock, a. M.

The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative.

Whereupon the Senate adjourned.

FRIDAY, JANUARY 25, 1867,

The Senate met pursuant to adjournment. No clergyman present. The journal.of yesterday was read and approved. The President having announced the special order, being the consideration of the case of the County Judge of Oneida county.

Mr. Gibson moved that it be postponed for ten minutes.

The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative, two-thirds of all the Senators present voting in favor thereof.

Mr. Kline presented a petition of Charles A. Donaldson; for relief; which was read and referred to the committee on claims.

Mr. Gibson presented twenty-four petitions of citizens of Whitehall,

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for State aid to Whitehall and Plattsburgh railroad; which were read and referred to the committee on finance.

Mr. Stanford presented a petition of citizens of Middletown, Delaware county, for an appropriation from the State to tunnel Pine Hill; which was read and referred to the committee on finance.

Mr. Crowley, from the committee on the judiciary, to which was referred the bill entitled "An act to encourage telegraphic communication between the State of New York and the Empire of France," reported that they have made some amendments thereto, and amended the title 80 as to read as follows: "An act to grant to William Orton, Charles C. · Leigh and Charles Havard, their associates, successors and assigns, an exclusive right to lay telegraphic cables from this State to the Empire of France, and to work the same," and as amended, recommend its passage; said bill was committed to the committee of the whole.

Mr. Crowley, from the committee on the judiciary, to which was referred the bill entitled "An act to reduce the expenses of maintaining prisoners supported by the county of Oswego," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. O'Donnell, from the committee on insurance, to which was referred the bill entitled "An act to authorize joint stock fire and marine insurance companies to reduce their capital stock," reported that they have made some amendments thereto, and amended the title so as to read as follows: "An act to authorize joint stock fire and marine insurance companies to reduce their capital stock, and to amend the act to provide for the incorporation of the same," and as ame

mended, recommend its passage; said bill was committed to the commitiee of the whole.

The Assembly sent for concurrence the bill entitled as follows:

"An act to legalize certain acts of the trustees of the First Baptist Church and Society of the town of Cortlandville, Cortland county," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on charitable and religious societies.

Mr. La Bau gave notice that he would, at an early day, ask leave to introduce a bill to amend an act entitled "An act to incorporate the village of Port Richmond.

Mr. Kline gave notice that he would, at an early day, ask leave to introduce a bill to construct a bridge over the Champlain canal at Waterford, Saratoga county.

Mr. O'Donnell gave notice that he would, at an early day, ask leave to introduce a bill to enable the town of Osceola to raise money to build a town house.

In pursuance of previous notice, Mr. Gibson asked and obtained leave to introduce a bill entitled "An act to amend the Revised Statutes, in relation to highways," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on roads and bridges.

In pursuance of previous notice, Mr. Gibson asked and obtained leave to introduce a bill entitled "An act to amend the Code of Procedure," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

In pursuance of previous notice, Mr. Gibson asked and obtained leave to introduce a bill entitled "An act for the regulation of public cemeteries," vihich was read the first time, and by unanimous consent was also read the second time, and referred to the cominittee on the judiciary.

In pursuance of previous notice, Mr. Folger asked and obtained loave

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to introdace a bill entitled "An act giving preference to actions or proceedings by or against receivers of insolvent banking corporations," which was read the first time, and by unanimous consent was also read, the second time, and referred to the committee on the judiciary.

In pursuance of previous notice, Mr. Crowley asked and obtained leave to introduce a bill entitled "An act relating to evidence in criminal prosecutions,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

In pursuance of previous notice, Mr. E. Cornell asked and obtained leave to introduce a bill entitled "An act to revive and continue in force chapter 616 of the Laws enacted in 1857, entitled 'An act to incorporate the Chenango Valley Savings Bank,'” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on banks.

In pursuance of previous notice, Mr. Sutherland asked and obtained leave to introduce a bill entitled "An act to amend an act entitled 'An act to incorporate the village of White Plains,' passed April 3, 1866, which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on municipal affairs.

By unanimous consent, Mr: O'Donnell asked and obtained leave to introduce a bill entitled "An act to enable the town of Osceola to raise money to build a town house," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on internal affairs of towns and counties.

In pursuance of previous notice, Mr. H. C. Murphy asked and obtained leave to introduce a bill entitled "An act to incorporate the New York Bridge Company, for the purpose of constructing and maintaining a bridge over the East river, between the cities of New York and Brooklyn," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on commerce and navigation. Mr. Gibson offered the following resolution:

Resolved, That the Comptroller of the city and county of New York be and he is hereby requested to report immediately to the Senate a full and detailed statement of all unpaid rents on the wharves, piers, markets, ferries, and other property belonging to the city or county of New York, with the names of the parties from whom such rentals are due; also, a full detailed statement of all the sums paid on account of the city of New York or of the county of New York during the years 1864, 1865, and 1866 for advertising, printing, and stationery for the common council, board of supervisors, and various departments and offices of said city or county; also, of all sums paid for repairing, whitewashing, furnishing and fitting up the armories within said county for the year 1866.

The President put the question whether the Senate would agree to said resolution, and it was decided in the affirmative.

Mr. Gibson offered the following resolution: Resolved, That the justices of the court of special sessions of the city of New York, be requested to report to the Senate as early as possible, the number of persons discharged, either temporarily or finally, after conviction by said court, with their names, crimes and sentence, and the mode of discharge; and also, any information as to any proceedings had in such cases after discharges.

The President put the question whether the Senate would agree to said resolution, and it was decided in the affirmative.

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