Morning herald., 1838-08-24
MORNING HERALD.
FRIDAY. AUGUST ~, lsss.


subject: we mean the ola Hdroom Drloge; not IN
new affair that is contemplated by the Croton waite
works commissioners. Now it is notorious to ever,
human beng that has travelled between this city an
White Plains, West Farms, or Westchcster, that 70
years the Harlaem bridge has not been safe for
small dog TO cross and that the turnpike road hal
been in most villanous conditions full Of large ut
and holes and gaps railing or palng by. the sd'
of dangerous precipices.
Very good; such has been the state of the road ano
bridge which certain set of men, calling themselves
the Harlacm Bridge Company, pretended to have the
right to hold by means of charter, act passed By
our legislature first in the year 1890 agani in the
1885, and again in 1897; all bearing upon the same
question Of this bridge and theroad connected there
TO- The good, quiet sober, siad, and easy people o
Westchester bore this as long they could bear il
and finding that Samuel M. Thompson Samuel Flu
ella, VIM. +. Coles, assigns of old John B. Coles,
(al forming the said company would not mend
their ways, they determined to make them. To ac-
complish this good, honest and desirable end, they
went to law about it and Wednesday, the l2th OF
May last, the affair was brought under the notice of
Judge E wards, in the State Circuit Court; and al
though little Ben Butler was engaged by the defend
ants, their case was such a bad one, that he gave
them little hopes of verdict in their favor. very
worthy gentleman Of Westchester Mr.. Thomas E.
Taylor, aided by some other Westchester gentlemen
of unbended integrity, appeared as the plaintiffs IN
the case, on behalf of the people, determined to sec
justice done 10 the community even al the sacrifice
of an enormous sum Of money.
Well, the cause progressed, and matters looked so
serious (from the nature of the evidence that was
elicited) that at one time the Company were fearful
that the result of the trial would be 10 vtate and an
nul their charter and throw the bridge and road
open free 10 the public for ever That this ulti
matum is a " consummation devoHtly to be wish
ed" no one who knows any thing Of the cir
cumstances will hesitate to acquiesce in for mo-
ment For the trustees have been paid for all their
outlay at least five times over; and the road ought
now at once, TO be thrown open free, and they made
to repair it first
But in order that readers may have a correct
idea Of the importance and true bearing of the points
at issue in this case will state the points they
have been raised and contested and are finally to be
decided upon They are on the
lst issue. Was John B. Coles the assignee of Nor
ris?
I'd. Whether John B. Coles did build the bridge at
a certain me according to the provisions Of the act,
and in a certain way therein specified.
Sd. Whether he kept the bridge in good repair, ac-
cording to the requirements in the act made and pro-
vided.
4h. Whether the defendants are stockholders and
proprietors in that bridge or not.
9Th. Whether road was constructed for miles
from the bridge to Eastcheser and cleared properly
for the convenience Of travellers according to an act
passed for that purpose by which John B. Coles
allowed to charge 50 per cent additional toll for 60
years or mpIiance with the provisions Of the
9th. Did John b. Coles give bond to the people of
the state OF New York, to the amount of ten thou.
sand dollars for the due and proper ulflment Of the
conditions of the act of 1895.
Now we have maid co-sidarahIe astsrson 20 this
important matter, and taken much pains to nvesti-
gate the whole affair having BY the poli,eness of the
parties been put into possession Of all the documents
And decided conviction that not only are the
lst 2nd and 4th points very far from being establish
ed in favor Of the company, but that the 3rd 9th and
9th points at ISSUE must unquestionably be decided
against the Company. There is but little doubt that
they also thought themselves; for the close Of
the second days proceedings they came forward,
through their lawyers, and agreed to the following
conditions -
l. They are to give $4,000 to committee con.
ssting of three, Thomas G. Taylor David HARRISON,
and Governor Morris these gentlemen TO ex-
pend that sum on the road only between Eastchester
and the bridge, in any way they may think best
2. Three hundred dollars year TO be given to the
town of westchcsier to be expended on that road
annually for repairs, during the term of their fran
chse.
3. This mency is to be paid on or before the first
day of June each year.
A. The stockholders give their joint bond to secure
the payment of the part be paid within go
days from signing the bond.
s. They are to deduct third Of the present toll
takeR at the bridge during their franchise.
6 They are to make a complete drawer to be sat
isfsctory TO the public
J. They are to repair the bridge Immediately and
20 keep itin good order hereafter.
SO far, so COED. Messrs. Taylor and his co-adju-
tors didn't wsh to destroy the Company at enc fell
blow they therefore consented to these terms, ju
ror was Withdrawn, and the case went by the board
pro tenn.
But il appears that on seriously considering the
whole affair." Mr. Beardsey, the Attorney General,
(who was employed against the Company said that
he could not consent to any compromiss in a case
where charter had bcea violated. He hslds out,
therefore, till the jury pass on this point But the
prosecutors pressed on the Company the policy Of
paying the money, pledgng themselves that the sst
should DROP The company were obstinate ard