New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-09-10

There bas rot been fraud perpeira,ed like il There
has no. been lawyer xhO has lent himself 10 such
sRactOU. These gentlemen don't want TO have the
MATER Geek the light They object to the matter be-
ing heard, or hs facts being known. Did no! Hudi-
I bras ray:
"No rogue Ger Tel, the halter draw
With good opinion Of the law
never knew man who was tined Indictment
VITO willing 10 have the facts known. IL the
CORPORATION lonett-f Dir. l., wber is honest and
hs title ie good he will get judgment. III the Cor
pOrstion Counsel il honest he will here have an op
portuDify TO show that he has acted in good faith to
the community. But if justice is to De prosttaed,
and truth, and honor ana honesty are to be tramped
under foot a. bas been dohe under the forms OF law
because little power is conferred upon these gentle
men, my word for IT, the time is not far distant when
there will be DO law left and when every man will be
the law unto himself. 1t has been said by able men
that in times Of great corruption we are TO look at last
for hopes Of the perietuation of institutions
laws and liberties to the Judiciary, and if the Judic
airy do not lend a helping hand and establish prece
dents for itse to prevent the perpetraton OF frauds as
the ingenuity Of shall find new modes Of
inhictDg wrong, then l ask where Is he rems-
dy1 1t il a well-setiled principle Of the
common law, tbst wherever there ia wrong there is
remedy. Nov, Sir il is SAID that We are nteropers
that We are impertiDtnt. We are here in the
character OF xpayer and as the repre- sentative OF
the Controller Of the cty-a component part of the
City Government, out Of whose treasury box this fand
is 10 be taken causing additional tax Of 500 900.
And my word for It if they succeed in this opera
tOn they will ask the Controller to buy another piece
OF property for $ioO 600 to which they have no title.
They will ue1t tell the Counsel to the Corporation
the person who represents the people Of the city be-
the baotb box hiss been cOrrupted-to suffer udg
nent by default and he will do so and thus it is that
this Court is to be made the instrument of fraud II
this be new il il new in the instance, aud not 10
the principle. II the history of Judicial proceedings
furnishes precedent like this i. becomes the Court
TO look into the matter and whether it has power
to intervene. l have a right, ss 0micus curi6, to
in and advise the Court of this transaction. II
tb.,,h ,nE f'.,,t,t Ina pntnn yuhv
come here They could have permitted the Court to
make any order, and they have the matter reviewed
Then, if your Honor peases, we cay that this Judg-
ment may affect the interests OF third parties, no
parties to the record: and if the parties to the record
have been engaged fraudulently and corruptly, or
by COLLISION engaged in entering up that Judgment 50
that their rights and Interests may be affected that third
person may come in and ask the Court to interfere
and remove that judgment, or open 1t so a. ~ give
him an opportunity Of being heard. Otherwise what
control would Court have over cOlusive or raudu.
lent judgment. ! sm not here a. paid counsel.
admit ] am a volunteer because saw there was no
way Of standing by the people except some one did
volunteer; for the men who are placed 70 guaru
their tights worthy Of al indictment rather than OF
an elevation t. places of trust Sir this City 10 DAY
has Oh empty treasury. with nine millions of collars TO
he Iun out Of Il pockets OF the people by their last
assessment every dollar of which IS spent and they
are going to take million and half more FROM the
CITY under the sspcon Of the Court il they get It.
There il deep-aid scheme 10 buy back the Ganse-
wort property for $780, CO., The solution has passed
the Board Of Aldermen, and it only sleeps until the
contamination OF this when 1t will Iise the resurrec-
ton Of damnation or be carried into effect.
The first question now to be considered Ia,
whether a czen-a public oflicer-the bead OF the
Treasury department Of this city shall be permitted to
be heard in COurt-whetber he is locus IN cur,@ and
can BE- heard in the Behind that lies the more
important question, which Is, how long the people OF
the City Of New.fork will endure IT, Ii lies within
hairs read,h Of revolution And important ques-
ton should not be de rmined until all the facts are
before the Court in such authoritative way that the
people will be Satisfied with the judgment. Bat 1t the
Court does not permit the facts 10 20 out to the COM
uupity then there will be that secret dissatisfaction
that belongs to Governments formed like ours at sucha
rseut. had intended TO pres sent tas matter to the
Count with the mere reading Of the papers and the
POINTS had prepared. did not come here to make
speech for this has tongues that speak for them
selves. 1t has hundred tongues which can speak 80
ny as the facts detailed that to add word
would be to add nothing There the tongue Of
the couns FL msel His language il put down in black
and white. / shall make no argument-no comment
upon them. They are there. BY them he must stand
fal. submit that your Honor will hear all the
facts of this case You will look into it and see
whether it il one in which the Courts can interfere, for
if the Court carnOt permit TO be heardif the Court
cannot permit any renedy-it, of course, must ;de
that Mr.. LOwber has made al honest sale-thdt the
Corporation has made an honest purchase-your
Honor will confirm the judgment, and the city
will obey it. Let the people be satisfied
of the Integrity of the purchase of the in,
tegity CT the officer who entered the Judgment ana
believe that to twothirds of the property MIR. Lowber
has no title had either by grant or convey.
ance ard if shall show that there Is mortgage OF
$40 COO on this property and unpaid judgments to the
amount Of Sl3 COO mole, | ask then whether these
facts will not show if Mr.. Busteed performed
his duties! These facts which l propose
TO prove, and if they don't prove species
Of guilt and negligence that will amount to something
mole than gross violation Of duty it will at least be
enough authorize the Court to Interfere and open
this judgment and TO command this officer OF the
people of the City Of New,York to do his DUTY faith
fully to his clents-the cesfW que trnHs-the
people of the City OF New-foIk and not the Mayor
and Common COuncil-bOt his masters nay more, l
charge in this case that the Mayor, the
Adamen, the Councilmen and the Corpora,
ton CouIsel have conspred to cheat the
ctzens of New-Yofk cut of the amour. OF this
judgmen Mt and hall undertake the demonstration OF
this By the p8ptIs here. On the @th oil August the
last resolutions authorized the Corporation Counsel
10 90 on and perfect this sale by the sale OF the real
estate OF the city, On the 9th the Councilmen con-
fined the resolution very much az the instance OF the
Corporation Council. On the 10Th, the resolutions
went 10 the Mayors Office, and on the 10Th he al
finned them whereas, the original resolutions, my
papers show permitted toPass sHb saeno In the
Mayors Office, for reasons which will be hereafter
be INSIDE known.
AT the concluiion of Mr. whitipgs remarks, Mr..
Busieed arose and in an excited manner began
TRADE of vulgar abuse which is seldom equaled 1t
was characterized by such language, in spesking of
Mr. Writings remarks, 10 the yiest personal abuse
"tbst ever proceeded from the filthy mouth that
"uttered it." brutsy coarse expre-sions"-" only
fl, TO be placed in the first chapter of Bilngsgste"
-" enepa,ipg from one who has grown gray in filth
land slime" had listened to it with emotions that
"must have filed every mind and heart not cor.
"rupt as tire source whence it had proceeded in
listening to il il had seemed to him Mr.. Busted that
"he was in the Bowery Theaer listening to the filthy
a. L + date Cor tha Ity hafor
the smoking and fetid atmosphere Of the foot.