The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-09-10

Tine Irwee. C'ssm against shs Cssy-siar'
Oats hct vvces Counsel.
surKsxx ooUEr- SPECIAL TERN.
a.'cre Hon Indge Roosevelt.
a 49,, ~ Lc-vtsr % me Aayor, Ccnmsns't
VIC ~ NsS Yo7k-Hr - '"'s' vac sppea'.. '. .
OF Tho Comptroller, sstea lsa~. - yo.s
Lowbes sss'nA the va!cr, ne. o.. H., .,oo,.,
Mr. Thos. C1rol, said thai Re esss ~ w. 80.
" for this mHnins, before Judgs ttssVsy' A.. go.
wss IN attendance few minutes ago = s's"o -.
pui understanding thai Judge Peabody ws oas's
world se for 6 couple or hours DC vent AVA "
4,rsisess
no Court Inquired what the motion ws.
mr.. wslans-ro open Judgment agsnst ms olty,
winch, they con,endt o. oos,red NJ trand cola
n.os .ae udsmen asaouss TO about ssoooo. and pre-
the Judge suss.sied that the matter should he taken
No The General Term, which ooas mex. Monday. woald
SAVE time. ir Whatever party saoosed. here It viii doab
sss 10 carried up
NJ Noyss, associated with NJ Field a. counsel for Mr.
Too ssin the nUi question is whc,her Mr. WAting /.
70 assume Inc the voYpora ;ion CSan
sei He IN do NOS understand tea. this Court was
Che speos Ia, before waca she ssnds adjourned
Iudso R,osey {, S~-a-s boi6 hold apesis term,
lar. NoJos desired Il s,'r II IT vas customary FOR
Svase special term IL :a.e ep particular case when
,i,.nl sshss 10 aTLg ses hi@ aad aeec. The forum
before which he desires TO % nsssd.
Judge Roosevet-Jadse Peabody mss 5een orc Hded
with for TAFT NORTH and he reqaestot 70
ata aa bore es,sEd.y.
Mt. nssas sa,a, inss "a Go, Jaags Peabody ~aS
very .nuah engaged and keeias shet this C,us
busy he n,ilns, 10 Jaeee feaoody shs. be would 30
The gentiemnns IL either honest or Is not II 1t 10
honest he reed MOI fear tbs light
ks. Nss esH tho eenteraaH's case Ia honcss why de-
ARE 10 change the forum
JaSss ReSseTeIt-I every Day prscscs sot ,ko up
Cases ba have been ssped by anohss Jadgc. We could
Vet 81 In ths district unieas did 20 He (he Jadgel
gsn suggested the osse snoua DO nfoasp before tue
-hegsl re m &c coaid NOT be there this noAsa 'nree
otae- Judges win preside.
Er He'd do cot think !, usus ror "os Judge TO sss up
Sba, had been before snc.,,er
Juoac Roosevelt said ,ha; me council himself (ar.
field mistook not, has attended Special Term at
M Floa prosnmed not, aDa believed that bis Honor
could lat grant oToer al other place than hst de-
gnsd al by law and that tue Judge could not do any
mo, hac lie could make al crder be .uged
Tne u; .eccd the BRICK church case, which was
Mr. Fieid-s 4 The order vas en cred here He ssw by
Gre sudar that Jadgs Peabody WAS to hold the sae-
Juose Rooseve remarked that there are orders made
here fa bis branch OF the 6en), Affecting the ttes Of
hr Field would ss econ s.gue tho case before the pre-
rent Judge ss before any otner JuEice on the beach,
bat he vas insuucsed thar as this case Wa cou.
msncsd before sao'hss Judge, Il ~M desirable
shst should be iauod before him. File (Hr. Field)
aid nj Kno- any authority Tor hoa,ns tro concurrent
oourh OF special term He had had o,csson 10 Inquire
Into tbs matter al Albany and he ID by the CURT
eve co re. kno what you do IN Now York; but tnsra
Jpdse Roosevelt There |, no room hi. building Tor
nptsai term Of The supreme Court but this Judge Pea
BODY may be Engaged this moment ., chambers Il mat
Gerr Do. special here street
The Judges are be- sed every here iadeed, believe
have dore special business la the street
Mr. Eoyes thai tue OF besicgug Judges
IN the stee ana IN omnibusses h BIO dopreos,ed bat
~ 70 tho -snsa zion Of business bis nonors houie sne5
g.. kpaw from experience pleasant they terDi
a,atc. rsugh,cr &c (r NoyeE) submitted that before
M. WAITING VAS slo~ee TO .pe.s in tbs matter
tbey Esd Q right To have the question do
terniined whether ,he learned gentleman Is 70 be
Iertsd 70 volunteer his services for the city, 10 the
oL.nsed The reasd no other can lne-meda!e. He re
forr 70 kerreold e6 and Rolls heport 1856 Here ss
3udsmoni chtaired and ne sad respectfully his eAyncd
rflesd whining intermedcicr IL this practice
"a To DC sanoNened any c'unss may after odg ask
rorer, a1soed THIS drs. attempt OF The bar to mansge
cases Ia wbc they not retained should be prevented
For what done abser % b.
Jaw tbsre 10 any thing wrong Ia th, case, and the
Corpora Counsel shcud defended before that
nsaar oct him and the defendants, and the poo
PIE ~bo chose him - their Ctncer.
Mr.. Bustecd, Corporation Counsel, bad also preumi
'ny osiectun 10 make. The uxory Of beng surprned
IA snyth'og Rad long since denied hin, and
se could nos therefore be surprised at the sp.
peefsnce Of the learned gentleman (He. whtny) IN his
Sass. A suit was commenced by NJ lowbcr against the
MAJ and Commo0ay OF The city, and defence made,
ssnd after the form Of Trial Judgment Obtained No
,roceeanis been iaxep, no, any taken by
m (hs Corporation 0apnse n set aside thss Judgment,
Re sso been ssrged n an ouer Of Judge Pessody con
Er tnis recital "rnc Council Of the Corporation hAv
Mx dccipsd 70 cefeno the case S, rbe recital Ia the
ore.r Of Mr. Jus.cs Peauoay VISA a mistake mas
bs4e been imposed upcn by some nierneddicr oy
sisneus when ~as un'roo snd unfcunacd IN fact lie
snose preoeoaipe. !, Wa rnlruc: il was utterly aud
wholly f.l.e that oouuec. ,he Corporation had do
oRbod 70 interfere bat hs further ,iaied that be
was authorized BY toe Common Council MOI TO in.
lerisre IN the defence Of the esc Of i.oyber
nglns the Mayor 81, and they have further uarc'ed
hin n carry ont inc contract entered into be
tween uem and Mr. Loaber; they required him not TO
defend sun, but to give ri, cid TO Mr. Lasoers oo-
taip,ng tbe amoop, OF nis jacgneet.
Mr. Whiting woui, state lee fs5Y, for the purpoe OF
ting his novel sion 10 thu case, ard one OF he
auestions Wis uhetacr ,hm Cour. viii allow is<f to be
made o. a, the nsrumen,o t corruption and INC con
summation q . fraud. Mr.. Whluns tnen gave hs.ory
81 sae case nIc has beer 20 org pu VIC rho
Coryo aHop rasscd rosolcucn Authorizing TIE S'mproi
r % boy tos pie'e Of aed The Comp relief never ed So
au,, a. Councu 70 eaiocc TITS Froended
wi,h tho uororston; defence WAS ao' 10 that
there were city funds 10 pay the aniount or ths Goa
tact, and this Is al tho de'cnoc Tue Corporsaon
Coub'o mace and the C,nplroer satisfied thai there vas
uouethur ~roog aboa t. aud that toe UjfporSioa Ctln
ei failed 10 do duty caused the title Of tue property to
be searched and no und tina. NJ Losber rad d, he TO
tnirds o, The gnticmsn Iap the language Of he
order ~ untrue; bu he Er. whiDg) ned 10 NE p'Ses
soo the gcntlcan's lctcr aimiilos II 70 bs true
~, s9,i "a, 90 menced 70 fraud la, The Jais non vas
obtained by fraud, and that tho mort hAgrani neglect or
duty hal been this Tie Boart OF Alder
e Induce 10 pass u,oas rob their Sonstu,al
VINO 10 the Corporaon Couu.oR lox r1ruh, roz ID, and
10 IMr Whns) cono1ded tia, he bad rgni 70 appear
treasury boz - well from eonsprs s from
theyos becomes N: aey o. zoe vcit !. p nsse
cmplcd 10 DO passed upon H. BE appeared h-o Tor Mr.
flsgs tax Pave sne Az mao hafa siihl = aleesf
~ hta PAYER, occauot DC W w. sHy '"Au
a rxhi and " ihey fail Ia tho rlonoa tue Oh er
Who moves u II Is respon.bc fF toe CO T. he suOmt
eed thai tho inherent tn The Court N droc ths
qnvesugsuoa 70 be msde IL Informed ths,s fraud
ATTEMPTED Inc Corporation Counsel says the sui' sent
on axo alignment was obalscd unisr Tho form VI trial
pothng bat fcrm-thore substance Ia E and
the cay the verdct ca obtained he Ccrporaon Coun-
ol hal he mst.cr sect before referee for sd 1sent,
vho vas paid 500 FOR single aiding Hc (Hr W. si
tniied that curEs the progress Of cause me attorney 90
tho record cannos be changed unsw by an der Of
sho Court. party may como into Court sud
complain OF ME attorney and he may be changed rct the
rcco,d detected In fraud Mr. Whiting iet q,