The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-07-19
iopted, ana w in The s.ne situ.tion for executive

:SoRt.d and was in the s:ne sitaation for executive
"As tho Clerk of tho Common Council retains in his
possession the original Documents which he claims
hold officially return certified copy, desiring with
hod my approval thereupon and protesting against the
action OF Alderman Compton in signing them, illegal
and unauthorized. % KINGSLAND, Mayor ~
lowing petition from Alderman Compton was presented
| read ard entered at length upon the ninutes-
To THE llosoRABLE THE BOARD srANr Al rRNEr
| This communication and petition OF Richard r Comp
ton President Of the Board Of Ai.rmen. respectfully
statesIhxt petitioner has prinedin the
pspers communication from his honor the Mayor pro
Tossing to return certified copy OF the resolutions Of the
Common Council granting tha privileges Of constructing
the Eighth Avenue Railroad TO dustavus Conover and
others, in which omrun'cation your petitioner finds
various unfoundcd false and highly offensive statements
relating to your petitioner which your petitioner feels
called upon to expose well In Justice to msef TO
bring the to the notice Of your honorable body that
sucb action may be adopted is consistent with proper
regard for the rights Of fhe Common Council and Of your
pettioner their officer.
Your petitioner bpgs leave to state that on the eigh
teenth day of June last after ten O'Clock A. M, and
about half past ten A. NJ your petitioner called at the
Mayors office and informed by Mr. Burdet, the
Mayors clerk that the Mayor out of town. and
would not be in the Office that day (Which the first
knowledge notice your petitioner had of the Mayorsa
sence th ,h.reupon your petitioner proc ,eded to and
did discharge the duties of the Mayor during the whole
of that day up 10 o'clock r. NJ, the close
Of business hours that the Mayor did not return hs
Office during bus neas hours on that day and not at Ali
that day petitioners knowledge belief
the Of The morning shortly before twelve o'clock
your petitioner recolsots the time from having short
time before, when friend in. found 1t half
past eleven O'Clock your petitioner sigued the appro
val of said resouoDs that those resolutions and the
resolutions relative TO the sixth avenue road had been
brought into the Office together short time before
after eleven o'clock A. ~ that your petitioner did
approve the other rsouop because he was opposed to
them. and had voted lns them which fact the Mayor
well knew. your petitioner requested him to veto said
Sixth avenue resolutions; that your petitioner had
signed several rk shop licenses and papers from the
CCpproltrs Office acting Mayor. before signing said
reoluons and throughout the day attended to u such
business brought before HIM acting Mayor.
~ he nv m
written by Mr. Burdet the Mayors clerk; that your
petitioner bas frequently acted Mayor in the absence
of the Mayor always the of the clerk in
the May Office and that he any time received
notice from the Mayor to act except through clerk
That tho Mayor was prevented. by absence from the
city other from attending the duties
OF his Office during the whole of business hours the
said lSth day OF JUNE
And your petitioner is informed and believes (a-
though he did not then know it, that the Mayor had
made appointment for several days before, leave
the city that day and did leave the city that day
and did not until evening" that he left the city by
the Hurgae ferry for Long Island in the morning and
reached Long Island before twelve o'clock.
Your petitioner therefore prays that your honorable
body will put this communication upon record and give
the publicity to it has been given to his honor
the Mayors and refer the to proper committee,
or take such further action may be proper and your
petitioner: &c. X. L. COMPTON.
New York, July Q, 1852
In support Of Alderman Compton's view Of the lega-
ty of his act and in proof that the Mayor absent
from the city at that time have the following deposit
tions
SUPERIOR COURT.
John Pehgfep and others. against the Mayor 7dermen
and Commonaty Of the City of Men York. and Others
Cry County New YoRK, So Ambrose G.
Kingsland a witness summoned on the part OF the de-
PENDANTS Conover and others to make his deposition in
this action being duly sworn and nerrogated dposeth
and saith -
eighteenth day of June last not at the Mayors
office at all The usual business hours from 10 A. M
usually from half pat 10 to II, NJ went out of
town on hat day. had promi.ed Mr.. Mcke, through
his son that would try and dine with him that day
This was think, day or two before did go out to
dine with him at Baysidc Flushing, Long Island
Mr. Matsell' the Chief of Police, and Mr.. Recorder
Talmncge went with me. i returned in the evening
after dark. We crossed at Hurlgae ferry. We drove
up 70 tne irTy from my residence in the Fifth avenue
from my house fix the time frcm this because we had
been waiting from 10 A. NJ, for another gentleman and
r,collect that waited until about IL NJ before we
went We ~aited some time at the ferry should think
three quarters of nm hour and workmeu then ap
peared to be leaving work. We up very slowly it
was hot day and suppose it nearly quite II
O'Clock. or past IL, wber reached the ferry.
left word with Mr. Taylor the First Marshal the day
not tell him positively that should not don't recol
ect mentioning II to any else the day before made
the to meet the Chief of Police previously
but whether 1t was the day before went the day be-
fore that don't recollect. The next day, the 10th,
when came omy Office Alderman oompton spoke to
me to veto 1t and at the same time told he had sign
ed the other for fear they would put an injunction on it
hfli med before me. this 18th July 1852
CHARLES BuRDETr, Commissioner Of Deeds.
SUPERIOR COURT.
John Petigyec and others, against the Mayor. .fe1acn
and Coramonahy0 Of the Cig of New York and ohers.-City
and County OF New York ss-George w. Matse of the
city Eof New York, Chief of Police. being duly sworn
doth depose and say that days before the |
eighteenth Of June last, arranged between depo.
nert and his honor the Mayor Ambrose q. kingsand,
Esq that they together with two other gentlemen Mr.
qaimadee ana Mr. winrlow. should on the said eigh
teenth day of June last make visit to Mayor
Michle at his house In Bay Lawn Little Neck Bay,
mo- l.f~y .,.I
honor the Mayor that deponent should take carriage
end call for the other gentlemen the morning Of that
DAY ndtheD call on hi honor the Mayor and drive ont
rom hs bou.e On the evening OF the day preceding
their inton0ed visit dponent directed officer send
carriage to deponent house No 80 Stanton rect
next morning but at what hour deponent does not
recoli, On that the eighteenth of June last
the carriage came, deponeDt thinks little after 10
O'Clock but st later hour than he dep0nent expec ted
Depon, mt then lt home in said carriage and driven
up TO Mr. Wnsow in Tent street aud thence to
the Mayors house on the Fifth avenue From thence
Opponent in ssd carriage Union Place Hotel
near Union square. where. after waiting some time, he
was joined BY Frederick A Tamadge. Esq who with
deponont went back to the house Of his honor the
Mayor and after waiting there short time daponent
Mr. falmadge, ed his honor the aiayor. left for the
Hprnte feiJy hat they all went in the carriage
bDd reached the Hurlgate ferry about IL O'Clock that
the DAY very and the driver drove very slow
thnt account After waiting at the ferry timo
for The they crossed the ferry together and were
driven to the house Of Mr Mickle at Bay Lawn Long
lsaud that detonent and bis honor the aysr remlin-
ed there during the remainder Of the and retu ned
the city about nine O'Clock In the evening Of The
day. GEO w MArSELL.
sworn to before this 13th day Of July 1852
A o. KINGsLANp, Mayor.
SUPERIOR COURT.
John PeitigreD and others against the Mayor aldermen
md CeH m0ahfp ef he Civ Of kep York ohsys.Cty
ard O. unity Of New York s-Charcs Burdett of said
city witness summoned the part Of the defendants
Concyer and Others 10 make nis depo III IN Ia this on
being duly and inerrgnted. deposeth and saith.
am Mayors clerk and have been for several years
On Friday the 18th day Of June last Mr. Kinsaad the
Mayor in hs Office at all The business hours OF
A. M. - NJ.
tbr,e Days before the 18th June last the Mayor
informed me that he vas going out OF town on the
18th, TO dine ut Dir Mickles at Btyside Long Island
the 18th June at about half 10 A. NJ, Alder
Compton into he Mayors Office and asked
II the Mayor would be in soou, to which | replied
i think not and don't think he will be- here to-day as
understand be IL going to dine with Mayor Mcke;' and
then asktd-'Ar you going TO stay with ~ to dayp
lie said could not then he had an engagement down
town but be would come back aud stay. II wanted him.
tie thu left the Office and returned ~ my desk He
came hack in about Eve or ten minutes and when went