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Bank, in the city of New York," 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. T. Murphy asked and obtained leave to introduce a bill entitled "An act to incorporate the New York Mendelsshon Union," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

Io pursuance of previous notice, Mr. T. Murphy asked and obtained leave to introduce a bill entitled “An act reducing the capital of the Adriatic Fire Insurance Company of New York," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on insurance.

In pursuance of previous notice, Mr. Sutherland asked and obtained leave to introduce a bill entitled "An act to authorize the extension of Central Road or Avenue in the county of Westchester, from its terminus at or near Wood Lawn Cemetery, in the town of Yonkers, to a point at or near the village of White Plains," 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. Collins asked and obtained leave to introduce a bill entitled "An act to continue the improvement of the navigation of the Hudson river; to make an appropriation therefor, and to continue in office the commissioners appointed by an act passed April 13, 1863, for the expenditure of the same," 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.

By unanimous consent, Mr. Andrews asked and obtained leave to introduce a bill entitled "An act to provide for re-paying to various banks and banking associations in the county of Ulster, taxes unlawfully assessed in the years 1861, 1862, 1863 and 1864, and paid or collected upon that portion of their capital stock invested in securities of the United States by law exempt from taxation,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

By unanimous consent, Mr. Andrews asked and obtained leave to introduce a bill entitled "An act to provide for re-paying to various banks, banking associations and individuals, taxes unlawfully assessed in the year 1865, and collected from such banks, banking associations, corporations and individuals, in the county of Ulster," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

The bill entitled "An act to amend an act entitled 'An act to provide for the supply of the city of Brooklyn with water,' passed April 16, 1859," was read a third time

The President put the question whether the Senate would agree to the final passage of said bill, and it was decided in the affirmative, a majority of all the members elected to the Senate voting in favor thereof, and three-fifths of said members being present, as follows:

FOR THE AFFIRMATIVE.
Andrews C. G. Cornell Humphrey T. Murphy Sutherland
Beppett Crowley Kline

Nicks

Wilbor Campbell Folger

La Bau

O'Donnell Williams
Collins Godard

Lent
Sessions

Wolcott 20 Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein.

The Assembly bill entitled "An act to amend an act entitled 'An act to incorporate Vassar Female College,' passed January 28, 1861," was read a third time.

The President put the question whether the Senate would agree to the final passage of said bill, and it was decided in the affirmative, a majority of all the members elected to the Senate voting in favor thereof, as follows:

FOR THE AFFIRMATIVE. Andrews Crowley Kline

Nicks

Wilbor Campbell Folger

La Bau

O'Donnell Williams
Collins
Godard
Lent
Se: sions

Wolcott'
C. G. Cornell Humphrey T. Murphy

Sutherland

19 Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have concurred in the passage of the same, with amendments.

The President announced the special order, being the consideration of the case of the County Judge of Oneida county.

Mr. Sessions moved that the Senate chamber be cleared for the purpose of deliberation.

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

In pursuance of the 7th rule, the Clerk read the first charge preferred against the accused, as follows:

Ist. That the said George W. Smith being such judge as aforesaid, and being authorized by the laws of the State of New York to decide upon the claims of citizens of said county to exemption from service in the militia of said State, did, in numerous instances, draw up as attorney or counsel for the applicants for such exemption the necessary papers to secure such exemption, and did receive pay therefor, as such attorney and counsel, kuowing that the several cases so prepared were to come before him for examination or decision thereon, and afterwards passing upon and deciding the same in his judicial capacity. This was done at different times and dates during the years 1862, 1863 and 1864, at the city of Utica, in said county of Oneida, the precise dates and names being unknown.

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

AS PROVEN.
Andrews Collins

Folger
La Bau

Sessions
Barnett
C. G. Cornell Gibson

Lent

White
Bennett
E. Cornell Godard

T. Murphy Wilbor
Campbell
Crowley
Kline

O'Donnell Wolcott 20

AS NOT PROVEN. Humphrey H. C. Murphy Stanford Sutherland Williams 5

The Clerk then read the second charge preferred against the accused, as follows:

2d. That the said George W. Smith being such judge as aforesaid, and having one Henry T. Utley as a law partner, he, the said Smith, being authorized by the laws of the State of New York to decide upon the claims of citizens of the said county of Oneida to exemption from service in the militia of said State did suffer and permit the said Utley, as attorney and counsel for applicants for such exemption, to prepare the papers therefor, and to receive pay therefor, as such attorney and counsel, he being entitled to and receiving, as a partner of the said Utley, a 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, how 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 26 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

(SENATE 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 Štate, 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, should be paid to and retained by the said Utley, the law partner of said Smith. That upon procuring said order, and upon the application 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

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.

20

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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