The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-11-22

some way the said fraudulent transaction. The plaintiff
one that the said Fernando Wood s or way
either directly or Indirectly Interested therein That he
and the said Benjamin either knew or had reason know
and believe when the said contract made that the
cured to Be- made for about one Sra Of the price
BILE by the said Joie that the sid Fernando Wood knew
that his brother was the real party TO the said
and that his purposey concealed TO prevent
discovery Of the said fraud That allowing i've dollars
apiece for said boxes and that four thousand wanted
the amount would be but SO 000 whereas at SIS piece
the Of 500 be taken out Of the city treasury
in fraud thereof the great injury Of the plaintiff and
all other taxpayers Of the said city The plaintiff there
fore prays that the said contract for the frauds herein
alleged be set aside and held for naught ana hat ne
said Fernando and Benjamin Wood and samuel G. Jollie
may the premises and be restranedrom prosecut
ing either the Board Of Police Commissioners, the
Mayor, Aldermen and COmmonalty OF the city OF
New York, or the Board Of Supervisors thereof, 10.
boxes delivered hereunder until the further order OF TINS
Court in the premises And that the said Board OF SUI
pervisors who made parties defendant hereto only
for the purpose of obtaining injunction order, and
against whom other relief prayed may be prevented
from passing any resolution ior ne 2. inc saa
Court and Chat the Comptroller and City Chamberlain and
County Treasurer city New York who being in like
of this Court be restrained from paying any such demand
any part thereof notwithstanding order OF the said
be paid until the further order Of this Court and that
when the premises fully seen and and understood,
that this Court make such further other order in
the premises as may be agreeable to law
Upon the above complaint presented by Judge whiting,
Judge Davies granted the injunction.
(A)
This agreement made and entered into this 18th day OF
August 1857 between Samuel G. Jolie of the first part
and the Commissioners Of Police of the second part wit
nessethTha the said party OF the first part agrees to
furnish all Of the ballot boxes requisite for the Metropo
tau Police district 10 exceed four thousand in
pete order with the and locks and keys
0ft bp hactu mali bpNe
best quality of glass and manufactured in the most
proved STYLE well and firmly set in iron frames as TO
them from outside danger and 70 be of at least
twelve inches in diameter which said boxes TO be in
speced and approved by the committee appointed by the
Board Of Police Commissioners agree that the price for
each box shall be fifteen dollars IL the said box or boxes
shall in all respects be perfect itself and shall pass the
inspection Of this cOmmtee said boxes 10 be paid for
the delivery and inspection Of the committee and their
certificate thereof SAID boxes TO be delivered
before the 26th day of October at such place or places as
directed by this committee.
JACOB CHOLWEII., }Commitee
' v" % s. C. JoIIE,
AUGUST Il, 1851.
Abstract Of minutes Of Boars Or Metropolitan Police Com
missioners
Aug TO- 1s57The matter of ballot boxes referred
10 Committee Station Houses and the Mayors OF New
York and Brooklyn, with power.
Sept IA 1S57en Nyc reported 10 the Board that the
Committee on Ballot Boxes had made contract with
for the entire districnot 70 exceed 4ooo-a 30 piece
Report accepted
which adopted-Gen. Eye, Mayors Wood and Powell
and Mr. Cholwel voting in the affirmative, and Hessrs.
Bowen and Stranahan in the negative
Resolved That this Board deems itself fully authorized
procure and pay for all such supplies materials or ar
cles OF whatever nature which, under the law for the
establishment OF the Metropolitan Police District approved
April Is 1857 is incumbent upon this Board to procure
The within correct transcript of the minutes Of the
Board of Police GEO. W. EMBREE,
Chief Clerk pro tenn.
To THE BOARD or NE1RopoIIrAy Police COMMISSIONERS
You will please take notice that in pursuance OF the
contract made by your honorable Board with myself on
the 18th August last have fully completed tho manu-
facture OF the glass ballot boxes therein provided for and
hereby tender the Baance thereof not heretofore de-
lvered You will also take notice that in the said ballot
boxes received by you that they will be stored
your account and at your risk and expense
Ocr rs, 1867. {. Z. joIlIE
MAYOR woops ANSWER.
James Homer a citizen, dc, Fernando Wood, I'M
pleaded 10Th Samuel G. JoIlie and chers-The several
answers of Fernando Wood Of the defendants in tai
action, to the plaintiffs complaint therein shows
Firs-He admits that at the time of the passage OF IN
act known az the N establish Metropolitan Polio
district, and for long time thereafter, he did pro
nounce the said net unconstitutional He further admits,
that while he believed so, and until had been pro
pounced valid by the Court Of Appeals, he refused 10
nc, Commissioner under H. he also admits that on or
about the ed day OF July he took his seat as Com MS
Seoond-He denies the allegation in the complaint tina,
by said act made the duty OF said Board OF Police
10 provide balo, boxes for said Metropolitan Police dis
uct but that made the duty OF SAID Board 70
provide said boxes for the cities Of New York and Brook
yn for at general speciS and charter elections and
= keep custody thereof except during the n receiving
and counting cf the votes,
Third-He admits the introduction by Simeon Draper Of
the resolution the complaint but denies the ale
CATION said that Board Of Police did not advertise provd
cd Tesouon and on the contrary he says that SAID
Board Of Police in pursuance Of the law did advertise Tor
proposals three public daily newspapers OF the city OF
New York viz. The New York DAILY Hibune the New
York Daily Tines and the New York Daily Express each
day for the period Of two weeks deponent Is informed
commenting about the goth OF july and ending about the
ls August aud that the following said advertisement
cut from the nlcs II said Daily TTbunes-
The Board 81 Police Commissioners Of the Metropolitan Pc
lice district VIII receive proposals for supplying the district
" he si soard GEo w. EMBREE Chef Clerk pro tenn
Fourth-Defendant admits that a contract made by
said Board Samuel G. Jolc for the manufacture and
delivery by said Jole TO aud for said Board 70 be used
under the provisions Of said Metropolitan Police BILL glass
ballot boxes.
Fifth-Defendani admits that ON the 14,h September
last James W. Nyc, who of the Metropolitan Police
New York reported said Board that said contract had
been made with SAID Jolle, stating the price and other
particulars and that said report was accepted He also
admits tina, the 2ls September this deponent offered
IN said Board resolution mentioned the complaint,
but that SAID resolution had no reference whatever
10 ballot boxes sad contract with Jole but referred
solely rent stationery printing advertising, fuel and
light which, by said Police act said Board had authority
provide Police expenses without application 10 any
person Board or officer other than said Police Board.
Sirh-ncfcndant admits that Alderman steers, NJ the
time ramcd IN the complaint offered tho resolution set
on, IN the complaint and that when sad resolution Wa
presented 10 defendant, MAYOR OF the city OF New
York. that he approved Of the same.
Scvenh-ncfcndan on Information and belief, admits
The allegations IN said complaint contained in reference ~
the resolution offered by Alderman Mcpedon on the sth
of November instant, and the reference thereof
Eighth-nefendant is ignorant whether lao Of sad
boxes would be sufficient for election m said city, but
alleges that consequence of the fragile nature Of the
material deemed necessary ~ have greater mum
her manufactured than required for actual use
that n case Of accident. or breaking from any other
cause they might Immediately be supplied.
Nnih--Defcndan denies that II was given out, as pre-
tended by defendant Jolhc, benjamin Wood or the
defendant by either Of them 30 the knowledge Of this
defendant TO the other members Of said committee that
said Jolc was the patentee Of SAID boxes or anything
else rs stated in said complaint hut the truth 10 be
that al the time said contract made, or shortly PRIOR
thereto while said committee had the subject un.
der consideration that specimen OF the SAID ballot nox
uf said Jule and OF several other ballot boxes, manu-
factured nv other parcs was exhibited said committee