The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-12-12

Superior Court.
Before Hon. Judge Bosworth.
WANT OF OBSERVATION-DISCLOSURES or TEE COURT
TO rBE ROOM or THE COMMON PLEAS--A sI0SIFi
CANT HINT TO THE COMMON COUNCIL
Drc n.-At the opening Of the court this morning
Judge Bosworth, before resumns the case Of Gibbons
rs the Broadway Bank, remarked that the court
in which he was sitting had been found be, not only
uncomfortable, but injurious to the health Of all who
were compelled TO attend there and that during the
short time he had been occupied in that room he had
suffered Inconvenience than during all the previous
time he had been the bench The assigned to
the Superior Court for trial terms had been very
convenient In 1859 the Common Council took them to
furnish . chamber for the Board Of Councilmen,
which consisted Of sixty members the for the
change being that sixty gentlemen could not comfort
ably sit the apartment formerly occupied by the
Board Of Assistants occasional nights The Board Of
Supervisors had furnished the In which the court
most that they could; but the building which they
bestowed their labor did not admit of its being adapted
for courts In this ROOM for example, If window
opened in the least, the noise such that business
could not be carried on- they kept closed, the
air could not get either In out, and the ceilings
so low that the atmosphere soon became intoerable
The Common Pleas had been good enough to offer this
court the Of Of their not required at pre-
sent for the duties Of that tribunal and he was very
happy to accept that a He would therefore, direct
that court be adjourned to again forthwith
IL the Of the first part OF the Common Pleas the
City Hail. where the calendar would be called until fur
Their notice.
Thereupon the Judge, jurors, counsel, parties and
witnesses moved in procession to the City Hail. leaving
behind them the dismal walls Of the old build
ing and the miserable rooms Of the engine honse, so
full OF gloomy suggestions, suitable TO the Ma
meriine prison at Rome in which Jugurtha stran
gled, or the catacombs ON the Appian Way.
j. s. Gibbons rs. The Brodd,cay Bdnk- his case has
occupied tae court for some davs The plaintiff brings
action for services rendered in establishing the Broad
way Bank. He alleges that lie the sole author of
the prise and that lis abors extended through
period of six eight months in the Of which he
succeeded in forming board Of directors who several
y agreed that he should be the cashier OF the bank that
II at the time mutually agreed who should be
the President; that when the org nization far
advanced as to make its longer doubtful the
directors ousted him and appointed another person in
his place. thus deprving him Of the fruit of his labors.
The association passed resolution TO compensate HIM
for all services rendered, cut have paid him nothing
to the present time. The witnesses examined the
part Of the plaintiff to osh the fact that he was
the head and 'front.' of the concern; that its
owing to the perseverance with which he followed
it up through many drawbacks and dscou yements'
B. c. Wande tae first witness called. He testified
that he knew Gibbons as the prime Of the enter
prise that he called all the meetings, did all the writ
ing consulted with different people the most suta
Bile persons for directors and especially for President
The chief difficulty 70 get the right of for
that office. The design was to get up bank
for the accommodation Of small dealers Plaintiff got
subscription books and gave them to different people,
and indefatgable in his exertions Witness agreed
to be director at the earnest solicitation of plaintiff
but left the when its location was changed
don't know If President was appointed at that time
1t was matter OF general concurrence that Gibbons
to be cashier He was so spoken Of IS cashier when
subscriptions were solicited There great many
difficulties in getting the stock taken far he knew
Gibbons spent all his time at it; he much occu.
pied with it that he could not have attended TO any other
business.
Cross Observation-Disclosures nothing different Wit
ness remembered that plaintiff secretary of the
meHngs. and kept the minutes
William j. Forbes heard frst Of the project of establish
ing bank in the fall OF 1885, from Gibbons at his sol
citation consented to become director 1t was agreed
"A lat tn IN ali mt ftar
Lockwood and others Joined; it designed first to
establish the bank above Foureenh street. and subse-
quently at such place would most contribute to its
Witness agreed to change of location attended
meetings the Office Of Theodore MARITIME at Reaches
and a. Arnold's continued in the enterprise until
July, 1Si9 was frequently and consulted by
plaintiff, who took the lead in the whole affair.
There was dissent to his being cashier up to tho
time when Lockwood and others came in; Palmer was
elected President; when plaintiff ousted several Of
the associates with witness considered themselves bound
to withdraw; we agreed that could not honorably
remain after Gibbons ousted
Cross .exalnnation-Dont remember that Gibbons
quested me TO retire. or said anything about il; my
mind might have been changed by circumstances; plain
tin did not induce me to withdraw my subscription;
withdrew from Of pr0priey, because there
was resolution OF the board authorizing any one to
withdraw.
Roe Lockwood-First heard Of the bank from Mr. Glib
bons, in the spring of 1s49 he called to ask to join
the enterprise which had seemed like falling through
several times declined unless the locator OF the bank
should be changed to bring it further down town and
unless could lave some OF my friends to come in also
both Of these points were agreed TO, and joined the
concern; resolution passed to compensate the
plaintiff for his services offered think, by myself; il
TO the best Of my recollection verbal and adopted
before 1t reduced to writing; plaintiff kept the mi
nutes.
Cross.examined--T There kind feelings to-
wards Mr.. Gibbons, and a disposition to appoint
him first teller; committee appointed TO
inquire concerning the cashier but the inquiry
in form that related to his competency; If difficulty
had not sprung up between Mr. Arnold and plaintiff
would have voted for him cashier; got informa-
tion about plaintiff at the State Bank don't remember
particulars only that all heard from that quarter
favorabe Of plaintiffs friends Withdrew their sub
scriptions, and some did not.
Dennis Harris-The bank was started by Gibbons in
1919; joined director and subscribed i've thousand
dollars at his solicitation and because he be cash
ier recommended others to subscribe to the stock Glib
DoDs whole time was occupied with the concern six
months more; II is very difficult thing get up
bank, know from experience; the plaintiff labored
day and night.
Iibbeus b. Wards director Of the Broadway Bank
became connected with first at the solicitation OF Glib
bons; received notices Of meetings from him. doubt
he occupied during his whole time with the bank
to my knowledge, three or four months; it well
derstood that he was to be cashier.
Here counsel for plaintiff offered the first ten pages OF
the minutes Ct the Broadway Bank signed by j. S. Glib
services in that capacity the original minutes being
non-producibe bv the bank
Several other witnesses called, who testified to
the same facts.
At the conclusion Of the plaintiffs testimony Mr..
Whiting moved for non-sut, which, after argument
between that gentleman and Mr. James I. Br adv the
Court denied Adjourned.
Marine Court.