Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-08-25
i issue. Was John B. Coles the assignee OF MOT


LIST issue Was John B. Coles the assignee OF Nor
MS?
I'd. Whether John B. Coles did build the bridge at
certain time, according to the provisions Oh the ac''
and in a certain way therein specified
Sd. Whether he kept the bridge in good repair ac-
cordnp TO the requirements in the act made and pro-
vided.
4th. 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 was
allowed TO charge 80 per cent additional toll for 60
years, on pance with the provisions of the same
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 fufment Of the
conditions of the act of 1875.
Now we have paid considerable attention to this
important matter, and taken much pains to inves'l-
gate the whole affair." having by the poteness OF the
parties been put int possession of all the documents
And is our decided conviction that only are the
lst End 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 SO themselves for at the close OF
the second days proceedings they came forward,
through their lawyers and agreed 10 the following
conditions -
|. They are to give $4,000 to a committee con-
ssting of three, Thomas G. Taylor, David Harrison,
and Governor Morris these gentlemen are to ex-
pend that sum on the road only between Easchester
and the bridge, in any way they may think best
3 Three hundred dollars year TO be given to the
town Of Westchcster to be expended on that road
annually for repairs during the term of their fran
chise.
| day of June each year
L. The stockholders give their joint bond to secure
the payment of the $4,000, part be paid within 90
days from signing the bond.
s. They are to deduct one third of the present toll
| taken at the bridge during their franchise.
6 They are to make a complete drawer to be sat-
isfactory to the public.
7. They are TO repair the bridge Immediately and
| to keep itin good order hereafter.
SO far so good. Messrs Taylor and his CO. adju-
tors didn't wish destroy the Company at one 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 sesousiy CONSTRUCTING uic
Whole affair, Mr.. Beardsley, the Attorney General
(who was employed against the Company said thai
he could not consent to any compromise IN case
where acharter had been violated He holds out
therefore, till the jury pass on this point. But The
| prosecutors pressed on the Company the policy o.
paying the money, pledging themselves that the sul
should drop. The company were obstinate and
would not pay and the is again to be brought in
TO court. We shall again advert TO this important
topic, and strengthen our arguments with those OF
| high legal authority.