The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-01-21
sons before mentioned for disrus and disbelief Of
the sincerity of those counter offers.

sons before mentioned for distrust and disbelief Of
the sincerity of those counter Offers
JACOB SHARP.
Swcrn to before me this 18th day of January, 1853,
c. B. Wheeler, Commissioner Of Deeds 4 New street.
Gin and County of Ny York:-Robert Barley,
being saith that while the application for the
Broadway railway was pending before the Common
Davies and Philip Burrowes active opponents Of the
said railway this depOnent being then himself also
an opponent OF the same. In some Of these inter
views Mr.: Bnrrowes told this depOnent, that he had
State, in order that an Injunction against the rail-
way might be obtained in the United States Court In
previous interviews, during the last summer, he
told dep0nent that the papers were ready for an In
OF counsel and that the injunction all prepared
And this deponent further saith, that he was cogn-
zant generally OF the plans and movements OF the
opponents of the road; that one Of the plans was,
possible and then that the other party should kill it
by injunction; that Mr. Davies stated to this de-
ponent that it the intention OF the opponents to
kill the project by one party getting an injunction
against the other and then letting the same lie; that
when this deponent and his friends interested in o-
nbuses and in opposing the railway, were about to
apply for the grant, in opposition to the one made to
the present grantees, the said Davies offered TO with
self and Others and let this deponent and his friends
obtain the grant, and stated that then he, the said
Davies and his associates would procure an lnunc-
ton against it; and that in one OF the conversations
the said Davies proposed that If this depOnent and
his associates would pay his counsel one thousand
dollars down, and thousand dollars yearly as long as
he might keep the road Oft, until it amounted
to a sum not exceeding five thousand dollars,
he would keep the road of for number OF years
if he did not defeat altogether; and he said that he
thought the Common Council might have the powe
to lay the rails but that the running OF the could
be stopped, because they were a nuisance, for the
thAv 1<vI.k ttn
law required all vehicles to turn to the right.
ROBERT BARLEY.
Sworn before me, this 18th day of January, 1868
VIM. H. Sparks, Commissioner OF Deeds.
City and County Of Ne,v York:-Daniel D. Como
yer being sworn saith that he has read the foregoing
affidavit of Robert Barley; that this deponent wa
present at the several interviews therein mentioned
and that he knows the statements made in said affi
davit to be true And this depOnent further saith,
that the said Burrowes also told him. that the per-
son to whom the lot on Broadway was conveyed,
for the purpose Of obtaining an injunction was
employed in his office, and lived in New Jersey.
And this deponent further SAITH that he was cogni
zant generally OF the plans and movements OF the
opponents Of the railway, and that of the plans
agreed upon was that one party OF the opponents
should apply for and obtain the grant, If possible,
and that the other party should kill it by inunc
ton. That among the most active opponents Of the
Henry Haight, Alexander I. Stewart, and Stephen
Storms; and that, the evening on which the reso-
luton was first reported in the Board of Aldermen,
the said Storms had conversation with this depo-
nent, in which the said Storms stated that he had
come to ask this deponents influence to procure for
him admittance into the Broadway Railway Associa-
ton that in his application for the grant he had been
made cats paw Of or something to that effect, and
placed in false position, and that he could be SER
vceable to the Association, and as man of fortune
andeisure, would make useful President Of it.
d. d. CoNOvER.
Sworn before me, this 10Th day of January, 1858.
Vim II Sharks Commissioner of Deeds
city and County Of Nev York :-Eben s. Young
being sworn, SAITH that he present at the inter-
view with Thomas A. Davies mentioned in the fore
going affidavit Of Robert Barley respecting the pro
and that the statements Of the affidavit in that re-
spect he knows to be true. EBEN s. Young.
Sworn before me, this 18th day of January 1858.
VIM. H. Sparks, Commissioner Of Deeds.
City and County Of Nc,c York Oscar w. Stur-
tevant, chairman Of the special committee appointed
by the Board of Aldermen on the sixteenth day
Of July, A. D. 1852, ON the subject Of railroad
in Broadway, being sworn, doth depose and say
That very shortly after the making of the report
the said subject, and before it acted upon by the
Board, Mr.. D. Henry Haight came to this deponents
Office, and complained that the said report was
unfair in deducing an argument in favor of a
project of a railroad in Broadway from the fac
that some of its prominent opponents, including tn
said Mr.. Haight, had come in with applications and
offers for the grant to be made to themselves
stated that this placed them in ridiculous position
and he said: " You know that don't want any rail
read in Broadway, and You ought to have known
and have no doubt you did know, that the only OBJ
ject of the application was to kill it, or words to
that effect OSCAR w. STURTEyANT.
Sworn to this 18th day Of January, 1858, befor
me, S. L. II. Ward, Commissioner of Deeds.
City and County of Ne,c York. ss.:-Henry B.
Dawson, of the said city and county, being sworn,
deposes-I was employed by Jacob Sharp and others,
applicants for the grant of permission from the Com
mon Counsel to lay railway in Broadway in pursu-
ance of which application the said permission has
been granted to them and their associates to super
intend and direct, III the months OF July, August,
September and October last the business Of crcua-
ting petitions for signature in favor of said project
and application. / accordingly employed agents or
for that purpose and received from them,
respectively from time to time, their returns of sig
natures procured to such petitions or memorials. In
pursuance of the instructions received by me from
my employers gave to all OF the said agents strict,
and frequently repeated Instructions to present such
memorials for signature only to legal voters far
it should be in their power to distinguish the same,
with the sole exception OF authorizing the taking the
names Of females who should be the tenants or oc-
cupant ut the head of stores houses on the line Of
Broadway, to receive but bona fde names of Pc
tti0ners, and to employ nothing but fair and truthful
representations in applying for signatures, and to
append in all cases the residence to each name In
order to prevent the existence of any motive the
part OF the said agents to multiply names on such
memorials untruly their compensation not made
proportional to the number of names procured by
tDeIl, put ~ was HAeu per ueIl, according 10 tner
time occupied. Respectable persons were selected
for the said employment and from their assurances,
from time to time given to me, and from the
opportunity for observation afforded by my posi-
tion as directing and supervising the said bust
ness, have no doubt that these instructions were
faithfully and Systematically executed, with as
small number Of occasional possible deviations
thereirom as is consistent with such operation on
80 large scale. The said canvassers in general re-
ported to me, the result of their several observa
tons, a growing progress Of opinion found by them
to take place in favor of the projected railway many
changes of opinion taking place in its favor and very
few if any against it. And to the best of my recol
lection and belief the number Of signatures thus pro-
cured to petitions in support OF said application be-
fore was directed to desst from procuring more,
was about thirty-one thousand eight hundred and
fftyseven; that the number Of such signers on the
line Of Broadway, being chiefly occupants or tenants
doing business said street, about sixteen hun
bred and sevcnty-nine that in the lower part of
Broadway below Fulton street, o large majority Of
such occupants doing business petoned i'm favor of