The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-06-07
Circuit Court.
Before Judge Kent.


JUNE eWrit requiring the Comptroller 10 sho,p cause
Sc.-Mr. GRAHAM stated that the present proceedings
application made in of the revived
statutes by D. D. Williamson requiring Alfred ASmth
show cause why he did make the books papers
and property apperaining to the office of Comptroller TO
the complainant he having been appointed to succeed
him. Mr. g. then explained the law by which. the Pres
dent of the Beard OF Aldermen is empowered to act es
MAJ when The latter officer account OF ahseuc on
sickness is unable to attend TO the duties of the ofoeA
defmsn woodruff, on going 10 the Mayor, Office, and
finding him absent, administered the oath OF Office to Mr.
Williamson as Comptroller. MIR. w has given bonds in
the sum OF 10000 or the faithful per.o. Of his
t.. "a Certificate OF the Chamberlain TO thai eli, !. ,as
read by MIR. g. The Chamberlain that tao bond
left in his hands by direction of the Finance Com
mttee Several afiiavits then rcad--One of Mr.
Williamson, in which he states that he repaired TO the
Conptroller office the Sd June LEFT copy of the SUI.
persedcas with Mr. Smith, and showed his commission
signed by Caleb sWoodhull the cerc his bond &C.
AT the same time he made formal written demand for the
books but Mr. Smith refused to deliver them and still re.
fuses, on which account the complainant was compelled
to apply for writ An affidavit Of Geo. W. Fife was also
read IN which he states that he present when Mr.
Williamson made the demand.
Mr.. CowpaEy on behalf of Mr. Smith read several Of.
hdayits The drst was from the Mayor. in which he
thai during the whole of the is and % DAYS
he wasn the city and all times accessible and ready 10
he found Whenever he quit his Office he LEFT word With
Mr. Ahen, the clerk where he would be in case he was
asked for On the % June he in constant Attendance
Mr. Taylor presented himself and claimed TO be instcd
as clerk but the Mayor refused receive him as he had
not been regularly appointed and Mr. Ahern being al
ready such. He has searched the Office and found no pa.
pers showing that Mr. Taylor he'd been duly appointed
clerk The Mayor further states that he believes the ay-
pontmcnt of Mr. Williamson not 20 have been valid be-
ing made by of two bodies claiming to be the Com.
mon Council and where he believes legal quorum of
presented for his sanction in the matter nor has he an
proved of the appointment.
The deposition of Mr.. Ahern clerk to the Mayor was
then read. He states that he In the Office on the Cd
June between the hours OF and two O'Clock at which
time Caleb S. Woodruff Alderman of the Second Ward
came in and asked where the Mayor was and was toll
that he had gone into the chanccors ROOM but If he was
wanted he would go and call him. Mr. W. sad no he
did not want deponent TO call him. that he himself would
act. Deponent then went TO the Mayor and told him.
when the Mayor hack and said TO Alderman w he
could not act Mayor for he himself absent The
Mayor told deponent before leaving tina, if any person
got back Aid. Woodruff had administered the onh to Mr.
Williamson as Comptroller Deponent has mined the
Office books in his possession and does not find that an
oath Of Office has been placed there by d. D. Williamson,
Deponcn has been clerk 10 the Mayor for eight years.
deposition from Samuel J. Willis was also read He
states that he had been appointed Clerk the Board on
the Sd June, 1870, Immediately after which he assumed
the duties of the Office He had always protested against
Mr. Taylor taking the situation Of clerk telling him be
had no right to act in that capacity. .s.f : ...l I
The deposition of Alfred A. Smith states that he has
been Comptroller since the 7th August 1882 Oh the 10Th
oil that month he assumed the duties and has continued 10
perform them ever since. When Williamson demand.
ed the office and showed the papers, senonent was
in possession OF all the title deeds, papers official bonds
and other documents directed by the Corporation 10 be
deposited with him. The Office is under the actual care
Of dcponent as Comptroller Of the City Of New York
Mr.. CowoRrY then alluded to the regulations which
require the Comptroller to give bonds in the sum of 500
900, and assume charge OF ell the papers relating 10 s,
cial matters He Obliged to take oath an subscribe
y IN BOOK Kept IN the Mayors Office Mr. W. then pro-
ceejed 10 state the various circumstances connected rh
the election, the want Of returns from the sixth ward
me va. ors isr not swearing IN the officers o1i
Ward-ths occurrences in both boards relate TO quo
rumthe decision prevous to the old board adourning
That the election in the Sixth not vald &c. To this
latter Mr.. Grshem demurred, and commented with 20.
verify, The old board asumng perform duties which
only bel, ngei to the Mr. Cowdrey ALEC nluicdt
he action OF the shaer board OF assistants IN relation 20
AllertOn- r. Graham rppliei
Court had declared Mr. Awe he elected and the pro-
cecdings of tina, board, therefore, not valid. !
Mr. O'CoSSoa, who Is also counsel for Mr. smith called
Mr. Valentine assistant clerk the Board Of Aldermen
on the stand Mr.. V. having decl ned to sign Certificate
The proceedings Of the Board OF Aldermen related to
Mr. Crolius and OF the joint meeting which appointed Mr.
then fully gone into In relation 10 the
zeal OF the city Mr.. Valentine stated that Alderman Willis
iad not delivered 10 Mr. Taylor but LEFT win hir,
witness). He believed however, that Alderman W. baS
'ersonally given the key to Mr.. Taylor. Alderman w
eff the office last Monday.
Objections had been urged that Mr. Williamson was
ot duly appointed on account othe Mayor not approving
such. Mr. ursham read the minutes of the ion, hoIi
August 1889 TO show that his appointment was similar
tnat OF Mr. SMITHS who at tina. time superseded MI
Mr.. Ocossor during convcrsntion stated that sller
ian Crolius was enabled 20 take the belonging 20 te
crnan oil the Sixth. FROM its being vacant on accour,
the deaih Of Alderman O'Nc brt Mr. SheIer In M. |
hcr Board ret aine his scat Mr.. Crnham thought itue
eces,ry 20 a'luce again 10 tina. election il having bee5
eclood DIV The supren,e Court.
The argument. after further conversation was proceed
IN. Mr. Cowdrey stated that The Supreme Court had
assay ofproceengs. related 70 the r,,ndamus
v ten days, in which 10 bring the ouestion before ne
our OF Errors and he thought the Circn Court would
ot feel authorized 70 decide upon the question now par
cuisriy Is the duties Of the office were well perorme
I'd the city property He stated thar the sys
m disappointment by jont ballot Yves not legal me staf
~ requiring the sanction Of the Mayor. He also cor
nded that Alderman Woodruff, any other person.
al right 10 give commissions while the Mayor pre- =
ntMr. Graham, in reply stated that the system ofap
ointmens without the concurrence ofthe Mayor, was