The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-03-09
gross E:1rn,nns pe,. Ysar. Nel Earrir1s.

But the gentlemen on the other side have gone
farther-they have got up afidavits TO prove that
these gentlemen did not make their offers in good
faith. Now ] have no doubt 1t has struck the Com.
mittee very forcbly that our community appears to
he swearing community, FOR there are more atid-
davts in this case than suppose in any other ever
brought before committee OF the legislature They
have read an affidavit here in order to prove that
those gentlemen have acknowledged they did net
intend to build this road and that their only object
was to get the grant, and then for the other party to
lay an Injunction, in order to stop laying the rails,
which injunction they would not contest One Of
their witnesses swears that Mr.. Davies told him So.
Now, gentlemen, it must be remembered that those
gentlemen who swear the other side have
balanced their oaths against Mr.. Haight, Mr. Stew
art, and Mr. Davies. It must be remsmbed, TOO,
that they acted originally with these gentlemen.
whom they now swear against. Although they had
no secrets, yet, when they acted with them, they
were acting together and That ~ loas implied oon.
idence among themselves. IL was never supposed
that when they met together on matters Of business,
that any q the party vas to 20 eat, and
will not say sell Themselves for that language might
be too strong would NOS say they were bought BY
the other party, but opponents themselves have
said that they bought their horses stages and route,
and bought of their influence. Now, these gentls-
men 20 out of the committee, unite with their Oppo-
nents and then ge< up afdavits OF conversation they
say took place. As said before, do not know
these parties who swear, but yet these gentlemen
who have put in their rebutting afidavits are vol
known in the community Of New York. if their repu-
tatIon has not reached the city OF Albany Mr. French
then read the following counter affidavit n Mr. Thos.
A. Davies
City and County OF New York,
thomas a. Ia yies OF said city being duly sworn says
That he has read aidsvt purpOrting 10 be made la
this action by one Robert Rsrksy January IL 1883
and in which il the following statements, via
That Mr. Davies stated to this deponsnt tha. 10 was
the intention Of the Opponents to XIII the project By
party getting an injnnctian against The osher and on
letting the same 10.
The laid Davies offered 10 Withdraw the application
then pending on the par. Of himself and others aud ic
that then he the said Da vies and sso:ates would pro
III 1nc sion against 1t.
The aid Davies proposed that II tai deponent anil his
associates would pay his counsel thousand dollars
down and thousand dollars yearly long a. he pirht
keep the road or until II amounted 10 exceed
ing FIVE thousand dollars lac would heep the road or
numDor of yesrJ II he dill not defeat Ii altogether
Deponent that In all the conversations with said
Barkley the subject OF the Broadway Railroad grant
ccponent intended TO be Understood MAKING any
statement allegation OF the xad above set forth
And further this deponent confidently asserts from
his beet recollection and belief he never did make any
such statements.
All have TO say is that there IL conflicting alida
Wits which can only be decided by the credbity Of the
witnesses 20 am willing ~ leave the matter in dis
pnte between them just - il stands. Now, gentle
men, good deal mas been said about the purity Of
the contract Now have not attempted 10 charge
any member among these parties with corruption
but appears to that they have taken great pains
TO prove tSat there was none. They have attempted
to show you that there was none on their part, and
then they want you 10 infer that this OF the
most pure tran yactions that ever originated 10 the
Common Counci. or out of II. All the parties have
sworn TO the fact that there no improper means
used on their part To- influence Tue Common Coln-
GENTLY that they do no touch the facts at all In their
affidavit, although IL was drawn by lawyer. and
though II is apparently very strong Now, these
grantees, each and every Of tdem, have subscribed