New-York daily tribune., 1857-10-19
LAW INTELLIGENCE.
MARINE couR7-oc. l7-BesOrs Judge THOMPSON.

MARINE CoUR7-oct I1-Berore Judse TIoNpsos.
UNCLE SAM AND THE BRICK CHURCH PROPERTY
Benton James
This was an action on prornssory noce datec Dec.
49, 1856, made by the defendant to the Plaintiff The
consideration Of the note that Benton, who is
LAWYER should search the title Of the Presbyterian con-
greeaton to what is famisrly known the Old Btick
Church property opposite the City Hall Park. The
defendant with Mr.. Keep and Mr.. Wesley, were the
purchasers from the Presbyterian Church, aud were
neeotstir @ sale of the TO the Federal Govern
men for Post Office site. 1t appears from the testi.
mopy that Mr.. John McKeon, the United States Dis-
frict Attorney for this District was directed by
the Attorney General OF the United states, Mr'
Cusbirg, to make search f.r the title Of the
properly in question. Mr. James, one OF the own
ers, nploy.d the plaintiff to perform that service,
for which he gave the note In question On
the trial Mr. James testified, among other things,
that Mr. Benton was TO make the search and get
the certificate of Mr.. McKeou that the title was all
right In this particular be substantially corrob-
Grated by the evidence Of Mr. Keep. Both these Wit
nesses fuker testified that the Gay after the note
given (the note was payable fifteen days after date
Mr. Benton called on Mr. James and requested pay
ment On the note of $780, alleging that he must have
that amount in order to get Mr. MckeOn to certify 20
the correctness of the seaych-giying them TO under
stand that hat amount was to be glven to Mr. M"keon
az brbe TO induce him TO make tne required ceftn.
cate; that Mr. Benton agreed to make the search and
get the approval OF Mr.. MckeOn. MIR. Benton test-
ned that at the time d this transaction he was the
law.parner of Mr. JOachimssen the Assistant United
States District Attorney; that be Obtained the $50
referred to for the purpose OF meeting the dsburse
merts incident to the search that he paid abou.
Si5 to clerks and others for making q part
of the searches, and 1925 to the Assistant
District Attorney as counsel fee for his services
in TIE matter; that he never tod either Mr..
James or Mr. Keep that he wanted money to bribs
Mr.. McKeon; that he only engaged TO search the
title, which he did without any objection whatever
from the defendant and that he did not agree to get
the certificate OF Mr. McKeon ss TO the correctness Of
the search. Mr.. James testified that Mr.. McKeOn
never certified to the correctness Of Mr. Bentons
search For this reason, the defendant maintained
that they I'D proved entire failure Of the conacers
ton of the note which this suit was brought Mr..
James also testified that he advised from Wash.
feion that for s. 600 the then Attorney General of
the United States Mr. Cushing would accept the title
and eke the property but that this information did not
come from Mr.. Cushing Mr.. Joachimssen testified
that at the tine referred to the Government ouly re-
quired the District Attorney, in the case OF proposed
purchases of land TO send the abstract OF title, to-
cether with such suggestions in relation thereto as ne
thought proper to forward to the appropriate Depart
ment but that the Government never purchased.
Mr.. Joachimssen also testified that the $l2o given
him by Mr. Benton were borrowed; that he had paid
$50 Of that emount and that the balance was st due
The Court, in charging the Jury, took occasion TO
repel the idea that Mr.. Mckeon would demand or
accept bnbe in any matter with which he mgnt be
engaged ard the Jury retired, and brought in YER
dict for the plaintiff for $a6l.