The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-03-03
METROPOLITAN MATTERS.
lustbsr Instalment Of the Broadway Railroad
and the CanSeyoort Property.
Conclusion Of the Evidence In
the DOty Case.
The Proceedings Of the Prison Association
-
Another Murder IN the Fourth Ward,
Sc, &c., SC.

AW0SuCH M0IUCK - tA.C JUL N 0AWs
&c., &c.. SC.
The Fort Gansevoort Property.
LETTER FROM MR. DAVIES
NEW YORK Monday, Feb. %, 1858.
Henry Erben, Esq.-Dear Sir-ln the present
Ment made by you, as foreman OF the late grand IN
auest You have fallen into an error relative 70 tne
grant to Mr.. JOS B. Varnum, and the canceuason Oh
NE previous grant to Mr.. Draper, which would con-
yey the impression that l. as counsel OF the corpora
f;cn had been very unmndfu Of the interests OF the
city and had advised the cancelling OF the grant 70
Mr. Draper, a release from him to Mr. Varnum, and
= grant to him without any mortgage from Mr. Var
mum being taken, whereby Mr. Diapers mortgage
90 the corporation TO secure 100000, was OF no
value and nothing had been taken In its place.
The facts connected with this transaction, as far
. was concerned or have any knowiedge. are
fhese-In the latter part Of the month Of December
last my Gle rk Mr. Malone. who had prepared grant
70 Mr. Draper, in accordance with resolution OF the
Commissioners of the Sinking Fund, and map sent
% the Office, made by of the city surveyors, pre-
scented the same to me for my approval. Iexamined
the resolution and the grant and this was the nrst
knowledge had that sale had been made OF the
Fort Gansevo0rt property With the resolution was
presented to me letter signed by Mr. Reuben Love-
Joy, the person named in the resolution OF the Com
missioners of the Sinking Fund as the purchaser,
stating that he wished the grant to be made to Mr.
Draper and my clerk stated that such were the In
structions from the Comptroller's Office He also pre-
sented me a bond and mortgage to be executed by
Mr.. Draper to secure the sum Of $4,000, part OF
the purchase money. After examination approved
Of these, to their legal form, and all the papers
were sent to the Comptroler's Office, as was In all
cases the practice, for exchange and delivery by the
Comptroller.
heard nothing further upon the subject until the
day after when Hon. J. Prescott Hall called on me,
he counsel of Mr. Draper, and stated that doubt
lad been expressed whether Mr.. Draper coul
legally take the title, he being one OF the Governors
Of the Almshouse. | stated to Mr.. Hall that If he
c0ul0 be regarded as head Of a department. of the
corporation within the meaning Of the charter, he
certainly could not and that had while counsel to
The corporation, invariably refused 10 approve OF
deeds to corporation officers and that it had never
occurred to me that Mr. Draper held an ofice within
the terms of the prohibition. requested Mr.. Hall,
1herefore, to see the Comptroller, and arrange the
matter with him.
In the after part of that day, was requested by
She Comptroller to prepare grant, similar IN all
respects to that Of Mr.. Draper's to Mr.. Joseph B.
vamum and the grant to Mr., Draper was sent to me
f that purpose, and was informed that the parties
bad arranged that Mr.. Varnum should take the title,
and give his own bond and mortgage in place of Mr.
Diapers, and to secure the like sum.
Ny clerks accordingly drew the grant to Mr.. Var
mum, and bond and mortgage for him to execute,
and advised that before Mr.. Varnum executed the
mortgage, Mr. Draper should release any interest he
might have in the premises, 20 that Mr.. Varnums
title might be uDQuestioned. accordingly had pre-
pared q release and quit claim deed from Mr.. Draper
and his wife to Mr. Varnum, and which they execu-
Ted. All the papers, usual were sent to the Comp
sroller's office for exchange and delivery. Az the
70 execute the counterpart of the grant and his bond
and mortgage was sent for to go to the Comptrol-
lers Office by that officer, and did go, and was pre-
sent when Mr.. varnum executed the grant and
his bond and mortgage, and when Mr.. Diapers
counsel delivered to Mr. Varnum his release and quit
claim.
Mt. Loveioy had sent previously to the Comptrol-
hers Office written request that the grant should be
made to Mr.. Varnum, and it was thus made with his
assent and Mr. Diapers, and by direction Of the
Comptroller the officer charged with the care OF the
zeal estate Of the corporation.
After the execution of Mr.. varnum's bond and
mortgage, and the grant TO him, as substitutes for
those OF Mr.. Draper and the grant to him. have no
doubt mentioned TO the Comptroller that the grant
30 Mr.. Draper was thereby cancelled, and that it
ought to be noted the record OF the counterpart
IN the Comptrollers Office.
The duty of the counsel to the corporation in the
preparation of deeds &c, is stated In section 4l9 of
The ordinances, which is Sec. 49, He shall draw
Che leases deeds and other papers connected with
The Finance Department, and all contracts for any
sGher departments of the corporation, when so re-
auired by the head of the department."
This is all the knowledge ] had OF or connection
with the sale of the land under water at Fort Ganse
wort. had interest directly or indirectly, re
notely or contngently, In that or any other sale
privileges granted by the Common Council, while |
held that Office.
VOLUNTARILY attended the grand jury and desired
other matter connected with the public affairs during
the time held Office. Did you not inform me that
the Grand Jury did not think necessary TO examine
me at that time but that they would do 80, if any
subject came under their cognzance in relation to
which they might suppose had any knowledgel
regret that had not been examined, as could
have stated that Mr. Varnum did execute his mort
gage TO secure to the city the sum Of sl20O00 and
that had doubt 1t would be found on record. 1t
was the practice and duty of the Comptroller TO place
n the Registers Office oil mortgages to the corpora
zion for record, and do not believe but that he put
1here this mortgage Of MIR. Varnum.
Respectfully yours, HENRY L. DAVIES.
P.S.-Since writing the above note have called
a the Registers Office, and find that the mortgage Of
Mr.. Varnum TO the corporation recorded Dec. 3d.
1852, as appears by the subjoined Certificate
REGISTERS OFFICE, Feb. %, 1853.
do certify that there was recorded in this Office,
ON the 30th day Of December, 1852, mortgage
from Joseph B. Varnum Of the city of New York, to
Che mayor, aldermen, and commonaty Of said city,
dated Dec 81, 1882 to secure the sum of $l2O 900,
and interest, and that the same now remains of
record. (Signed)
HENRY ID. JOHNSON, Dep. Register.
NEW YORK, Tuesday, March L. 1853.
HENRY f. DAWES, ESQ.,
Dear Sir-ln answer to your note OF this date,
can state that you are correct in saying that You
voluntarily attended the grand jury room, and de-
dred TO be examined, as stated In your note to me-
and that after communicating your request to the
Grand Jury, made you the reply that should any
thing occur by which your testimony would be re
qured, you would be subpenaed. Yours respect
July, HENRY ERBEs.
Alderman sturtevant and the Presentnsent or
the Grand Jury.
CARD
The Grand Inquest of the city Of New York for
Che month Of February last made presentment to
the Court at the close Of ts labors, In which am
held up to my felow-citizens as member Of the
Common Council endeavoring to extort from Mr.
Jun the sum Of 81 900 for doing that which !, as