New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-12-18
La " INTELLIGENCE.
DEyLIN IN THE NEW BOWERY.
sUPREyE COURr-Dse iT.-B-fsr- Jaar. Roo.svs
d. lei Beaiea at The Mslor. kc al %. n-.ins.


sUPRFyE coURr-Dre rT.-R-fsr- Jaar. Roo,syrts
DSie Bsoie. at The Mayer. te snd Cas-, psviiaL
The complaint in this vas published in Yay
rrisusT OF Sept. 2. Moren. Willard & Co. sp-
pes1sd for the plsintif. There Wa. no defense, Mr.
Devlp settrg Up tia, he had sold out sis interest in
the contract. The Plaintiff asked for perpetual IN
jure ion.
Simon Meyer Assistant Clerk Of the Board Of Alder
men, Identified rapers found smopg the papers of ~
Board reasirg to this matter, and they were pat h
evidence.
Mr.. Stllssll wished understood thai this prosssd-
irg was entirely er Pa-te.
The repn sentative Of the Counsel for the Corposs
ton sc. up that they had Knowledge Of aay fraud d
the after.
judge Roosevelt then cstechized the counsel for the
plaintiff ard elected from them that Mr.. Devlin hsa
charS ed the contract while Street Commissioner -
thst be received 81 20 per cubic yard for al eIcsvs-
ton and then 50 cents more for dumping this dirt int
portiors of the street whi,h were to be 6Ted.
John Colvir second book keeper in the Stree, CON-
misscrers office exhibited the bids FOR the coatract,
ard they were put in evidence. They weie'
l. Jereuish cents per yard
Charles Devlin is one of his sureties, and HeAiy
backed down 10 allow Devlin 70 get the Contract This
cop,rsct was cor frmed by the Common Council and
then Hesy backed down. when Joseph Taylor gave tho
contract to Dsvn over the heads Of al the rest The
specification allows fer excavation only. The estimate
Of the work was $500 subc yards and the work to be
completed in thirty days. Immedisely after the oss-
tract was awarded, rsylor gave DevGn four months
time in which 10 consummate the scheme.
? Peter sSrT''.....'...'''-.'.'....' 20 cents.
S-Dsnel Gallagher. - eeItA
3-John r Cumming ...,............. - eentA
S-Jonh mtthan.' ''''''''''''''''''''A@"0e~-
10 bid No the price il inserted in different ink and
in different style from the rest Of the document. The
surety is the same in sll-s5 eco.
judge Roosevelt thought that Il was very strange
that the surety in No should be the same as in No.
l. although the amount to be assured was nearly foa
times greater lees there onething wrong about
the figures The contract contains Assignment from
Meighan to Devlin.
Ambrose s. Pratt, messenger ia the Street Commas
soners Office, exhibited the contract book containing
John Meigtan's contract. The extension Of four
months is in the dwriting Of Geo. Lynch, who bad
no position in the office until January. 1857. The Coz
tract was executed 10 The Fall Of 1856 Lynch was sp-
poir ted Contract Clerk BY Dsvin last Jane.
Walter s. Pinckney, who has charge Of the assess-
ment papers proved the assessment psper Of the New
Bowery The assessment has been revised since the
commencement of this suit. Charles Turoer, Deputy
Street Commissioner cen6ss that the price for earth
rg was so certs in the contract receiving BASIN r-
built, SOS each; receiving basin, new, sS SO saoh'
cuverss per rur ming foot g. None of thesse prices
are really in the contract. Mr.. Turner'S csrtih'sss,
however is not sworn TO- 20 that he cannot be ooa-
victed of perjury The work Of excavation In the In
srsectpg streets to brig them to the new grade was
it was pretended done iu jobs of less than $3.50 each.
The show that in large number Of instances
| Il vas not 90.
Gervis Prince No 35 Pearl street, corner OF Frank
fort proved map of the New Bowery and adjoining
streets. He had made measurements OF ffontage o.
| New .Bowery from Chatham to Franklin squarss'
was $50 feet not including the crossings there Wa
GA feet of frontage on Franklin square OF which The
grade was changed. Mr.. Prince gave the amount
siared for in tho petition for the change of grade:
Whole no. OF feet. Signed for In petition.