New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-20
rpw WORK DAILY TRIBUNE, THURSDAY AUGUST o. 1857.

dsy depope1t had not received any answer from me
ssid r. Busted, Eco 70 either OF said notes; depos
rspt therefore inferred and believed that ths saad
Richard Busted, esq did not intend 10 give biz con-
D.pepent further saith, that after the above va,
written and At about bapast ODE O'Clock be received
note from Mr. Busted Of which the anneIed Marker
C. il O copy, to which deponent immediately returneu
an answer by the bearer Of Mr.. Busteeds note OF
which the annexed note marked ID Is copy. Al
about hsltpsst three o'clock deponenf received an-
other letter from Mr.. Busted Of which paper hereto
annexed IL a copy. This morning OF eleven CLOCK
oepopept sent an answer TO said letter TO the office OF
Nj Busted, of which the annexed psPeI malKeu r
10 copy, and depOnent was informed oy ue inc
ger who left the same at the office OF M Du7'eeu,
that he in his Office; and at twenty ihhu'eS
before one o'clock D. IN, deponent received an an
srnr,ed il a COW. il. WHiTIsG.
sworn to before me hi. 18th &C. A. PEABODY.
AT INV YoRg, Aug. IL, 1857.
k. BUSTED esq.-Dear Sir: la pursuance OF tne
sugeesiioD made by - you on SATURDAY, 'hougn'
il my duty if no one else did. 10 move 70 open tie
Judgment Of Mr.. Lowber against the eity, and n
which understood you to acquiesce tais nGrnlng
with this intent called upon the Controier; ana from
ny interview with him, believing the Jndgnen, srlo
neous, and that the city ought TO DC renewed nave
come TO the conclusion TO make the effort.
At the request of Dir. Flag, and 10 pursuance OF
my own wishes, desire you to permit me 70 maze
the application in your name as the s''"iney tut INC
defendants.
sitiop and that no Misunderstanding may hereafter
srise In relation to the that may De ADOPTED
take the liberty Of requesting you to end me Wit
ten authority to do go. -, uu,rrua
IBl NEw.YoRK, Aug. II, ls51-9 p. IN.
K, BUSTED, esq-Dear SIR: l omitted To cay in
nv note to you this p. N. that would indemnify the
the application in the Lowber in the event OF
failure. Ny papers will be completed tomorrow, on
which interd to move, and hope TO receive your
snswtr as early as possible. Your eohseh! 10 ny
request your joining with me in the enori t~Dicn
should very much prefer, can in no event place you
in suy other light than public officer performing
q solemn duty TO the public, | am very dssirous OF
avoiding the apparently awkward portion OF appear
ing for the defendants of The corontors instead
of the legally constituted officer. MI L'sber Ger.
tairIy canuo: complain. Ii his recovery Is well
founded. his claim legal end just one, lie can a,
well establish it again heretofore II nc good
reason can be shown Thy he should not nave inc
money claimed he VIII most arsuiedy su.ce ;nsd after
Yours very respectfully, J.h "hlIiNO'
fC1 LAW DEPARTMENT, CITY OF Nw'foRK, ,
OFFICE OF TIE COUNSEL TO THE CoHPoRAi!oS,
No. 237 Broadway, Aug ~, 1897:
recent of your two letters Of the 18th August instant
The one of that day Of 9p m. did not receive until
this morning at a. M, IN consequence oil nay absence
rom bone last night. The time Of its receipt Will ac
propose TO move TO open the judgment ID the case Of
towber vs. The City, and TO my name in this con-
necton. Do me the favor TO submit to me at once In
writing the grounds upon which you are OF the opinion
that such q motion can be nlaintaired, and upon
receipt Of your views ] will soon as possible ap-
prise you either of my assent or refusal to cooper ate
with you in the premises. -
Yours respectfully RICHD BUSTED,
Counsel TO the Corporation.
K. BUSTED, ED ID
Dear SIR. The material ground intended to be used
nor IL that Lowber has title to any OF the land east
of TonpkiDs street My papers are being copied and
if you will step up to my office VIII show them 70
'ou ""' Yours iiU respectfully, j. B. WHITING.
pm.-Se nd this note back by the messenger VINO
brought Mr.. Busteeds note.
lei Law DEPARTMENT, CITY OF EEw-YoRK, }
OFFICE 81 THE COUNSEL TO THE CoRPoRATIos; (
No. 237 Broadway, Aug. IL, 1857.
To JAMES X. WHITING, esq.-Dedr SIR: In my
letter TO you Of today to which yours OF O'Clock
writing the grounds land 1 used the plural NUMBER
upon which you were of the opinion that motion to
open the JUG gment in the case OF Lowber We. The
Mayor, &C., could be maintained.
Your answer describes only one ground and you re-
fer to it to be used indicating that there are
ohei grounds to be resored to in the future. 1t must
be apparent TO you that it is my duty and night to be
fully advised Of ali your views before ernbarng with
Won in a LEGAL controversy behalf Of the city. If
your papers disclose the whole you propose to
ureseht. | will examine them with promptness and
cuped with the business of my Office that it is not
convenient for me 10 attend at your chambers.
would cbeerfuy do if might without prejudice to
public interests which require my presence and at
"n''' yon,. y.,peetfouy. RICHARD BUSTED,
Counsel ~ the Corr oration
2! p m.--AIrived st3sp III.
IFI NEw-YoRK. August 10, 1857.
4 RusTEyp e.a-Dear SIR: Your second note Of
Yesterday was received at 81 p nj. Until about that
time was under the impression that the sale oy the
Sh. riff was to take place to-day at III a. M My time
was therefore too Short l then supposed, to wait
upon you personally aud If otherwise, could not do
90 after your request in the Controllers Office that
this subject what passed between US should be in
writing. IL. ., l..
better devoted to the public interest, or spent In
less Pr udi'i TO your own eithef personally
in your power 10 Ieleve the city from this Judgment
or TO sasi, the puhc II AT thing connected with
il on Your raI Lac been done with single eye 10 the
public iutenst. Even at nay chau cers 10 which'
however did not invite you), little time might have
bee spared from Othtr pressing Official engagements,
and spent perhaps, prohtaby, although at some IIng
DconvelieLce.
You capbot be unaware that strong feeling exists
in this community that this claim OF Mr. Lowber Is
yery one that the effort TO saddle this prop
ery upon the city at the enormous price demanded for
1.-THE history Of the passage OF tue esoluton through
the Common Council-the failure OF the resolution to
receive the approval or oisapprOyal OF the Mayor
his suffering it TO pass by dtfautthe suitits refer
epce-,he report-your failure to appesl in time
nom the Judgment upon the report of the refsree-
the entry Of the judgment on the very day the re-
poIt bears dsteyour assent IN writing to the ADJUST:
melt Of the costs-he enormous fees paid to the ref
ereeyour failure to notify the Common Council the
Controller Of the recovery of the Judgment that the
right appeals supposed to have been Ost-the issu
ing fthe executionyour interviews with the Control
Ter and the entire abseI Of any aid proered your
part all conspire in measure to lead the commu-
Lty to believe that SO much wsnton apathy cannot
eAist without some stronger reason than appears
tie surface If the proceedings.
knew that your question in the plural and that
nv answer was in the sng usr Ii occurred 10 me then
that good lawyer never wanted more than one good
r, sson iur such all application as was about u make