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

I ..o IN, tle l1rb o. JUNG, t1ThI pTOUHDTy
onTv an hour The report Of the referee who
| app:a,t,d 10 act when the case not reforable,
,encrted. not that the Corporation should perform
contract which wss not mace bat that the Corpors-
,;op should pay nearly $2O,O00 the pur.
chase money Of this property. The Controller
was sat,fed that there something wrong
about it, ard thought the Corporation Counsel had
failed to do his duty. An instance like it is not to
| be found from the days Of Roses reports to the
present, and hope for the honor Of the profession
| that Wiz never happen again. He caused an
examination 70 be made into the question Of the title
Of this property and it turned out that twothrds Of
| Mr. Lowber had no title TO aud never hsd An sp-
pcsiion was then made to the Corporation Counsel,
with knowledge Of all these facts, and he was re-
quest 10 the Court to open The judgment and
let tie defendant Into defc nse. The Corporation
Counsel has just stated that the recas Of this paper
are untrue. Sir i have his own letter in my hand,
showing it, truth. His own letter, in connection with
this paper, shall use in answer to the peculiarly EN-
phaiic language he has made use OF in speaking of
interlOpers npudence, &c. Upon the refusal OF the
Cory GRAFTON Counsel 10 20 open the judgment,
the Controllei-One Of the most important officers
standing at tie heed of the financial department of the
city, although not belonging TO the Corporate body
| applied 10 the Court and asked that 1t hear the
history Of the case, and whether there was not
something in the shape, of honesty integrity
| ard justice which a could not be interoosed
in his behalf and in behalf of the city; and propose
TO show from the facts Of the case, that this proceed
ing hiss commenced in fraud carried in fraud;
that the Judgment obtained by coluson Of the
Corporation Counsel with of the paes that there
no title 10 twohirds of this property; that upon
the face of the judgment it ought be set aside that
there is evidence of the mort fragrant violation of
integrity in profession which, until now, has main
tanned its integrity to its client, whatever other Of
ferses il may be guilty Of But this is not all. After
this ordsr is made out and these facts brought
before the attention Of the Corporation Counsel
have him ruDbng into the Board of Aldermen aud
| preparing resolution requiring him TO make bar
gain to sell the real estate of the city, and not its per-
sonal property. He followed this up until he got a
nnfn IN fh1 aft
ents and put their uDholy hands into the treasury
Again. he follows il up in the chamber OF the Board
| Of Councilmen, and got them to concur in
| resolution which would disgrace any age, any
day, ard any generation Yes, Sir, these
| two bodies, with the facts of this fraud
broug ht to their knowledge that the title to the prop
erty was, to say the least doubtful, IN violation OF
their duty in conspiracy with the Corporation Coun
sell determine TO perfect this fraud by the payment
of this assumed debt. And now, let me ask who is
the Corporation Counsel elected by the people
| " Vor PoppA-ror Dei. He Ii the first whom God
ever made and granted license TO, who ever stood IN
Court of Justice and refused to admi. the Court to
learn the history of transactions connected with csse
like this. ray, Sir, that have night to appear
in behalf Of the Controller Of this Citytbe Chief nan
cal officer who is bound by his oath of office we'll
as by bis duty, to interfere and protect the Treasury
box as well against copspiratofs against thieves.
can refer my friends on the other sce lMessrs. Field
and Noyesj to little earlier authority than Rose,
for there ope-an equally good authority and an
equally good Judge Of human nature-whO, when he
found sucb characters ia the temple disgrscing it,
scourged them from it; and when we find them IN
Court Of Justice it becomes he duty OF the Court, by
the authority inherent it, 10 purge its records from
the history OF a transaction based, as 1t has been
upon fraud aid corruption. But the counsel who ad
dresses you also appears III another character-as
tax payer. So far regards The property OF the City
OF New.Yoik, the Common Council have no more au-
tho,ity than ordinary trustee OF an ordinary private
CORPORATION has; and If the attorney OF private cor
poration goes with conspnatcrs and enters into
sIacy 10 deraud corporation, any one Of the etock-
t,,t.. Of tIltta
and spread his out before it and ask its nerven
| ton. 1 or sny would have right here to make
application rs taxpayers because we are ce.tiqHe
trusts This corporation their trustee, and they
are bound TO perform their duties honestly and when
ever they are charged Court of Justice with at
tempting to defraud them, any man who has an inter
est in the corporation has right to ask that tue facts
he spresa before the Court that Its Judgment may be
| had upon it. If we fail in the motion, this
officer is responsible for the costs, whoever
NAV move IT, But, again. the Court may be advised
by any friend Of fraud attempted To be perperaed
upon the Court; and one OF our positions will be that,
| when the iaets made known to the Court il will
appear that this of the modes adopted probably
with the view of pressing the technical objection that
10 man but the Attorney OF Record can be beard
When Court suspects that it il to be mace use OF for
the perpetra,on Of fraud say It IL power inner
eut in the Court 10 direct examination to be made
and they will hear any party who comes into court
ard says that their records tainted with sudu
lent Transaction and if such state of facts appesr it
will be the duty of the Court in such cases to interfere
| Now, that TIM Judgment stdnds upon
of this Court tainted with fraud from the beginning
| down to the present period. Nay, more; after the
judgment obtained, the Counsel TO the Corpoaton
concealed the fact from the Controller unit after
thirty DAYS had passed too late for the Controller
| TO take an appeal. Another fraud perpetrated
| But what Gays the Counsel to the Corporation
| "Why," said he, "the suit went on AID Judgment
"was obtained under the forms of a trial. We do
| not deny il. II nothing but f0rm-there was no
| substance in il. And this extraordinary fact stands
out Upon the face Of the record, it appears that on
4 I.x, Itrn fka da fhl nrAf
| Counsel adjusted the costs allowing the referee $500
Tor single DAYS work ard consentng to ACCEPT 500
hin self by way Of course fees land while the Clerk OF
tie Court allowed the $500, he struck of the SOU
tie judgment was entered up and from that DAY un'ii
the syue of the execution against the property of the
city, the Controller knew nothing about Il. But, says
| the gentleman (Mr. Busteedl, deny that refused
10 interfere" Is no not interfering now Does he
| NOT object 70 anybody showing these facts to the
| world "But, be says. Il am commanded by the
Common Council To interfere sud to carry out the
| contract VITA Mr. Lowbcr." Wen, Sir; 1t has been
reserved 10 ills counsel to have the hardwood 10
come INTO CouI and say that. Neither OF his ass'ci-
| a;es have said So and doubt whether they will say
| H. One of my friends Mr.. Noyes) says taat
II is bad precedent TO allow counsel,
not the Attorney Of Record without authortyTf me
party in litigation, TO appear in case, and that bad
piecedents make bad laws. lie has looked Tor prece-
dents for case ike this and ne introduces two cases,
| neither of which touch this case, Tor this reason
admit that during the progress Of case the at'or-
new cannot be changed except by order OF the Court
or at the instance Of the party who employs the attor-
rev. The right of an attorney to appear Is purely
statutory right. The statute makes provision that
attorneys appearing before Court are officers oil the
Court, and they are bound TO be faithful to their
client; ard when they found attempting frauds,
they suninsIily dealt with. As general rule,
tie authority !of 81 attorney ceases with The udg-
nent; but II is made 10 continue for year under the
statute for purposes of issuing execution. Tue gen.
erel rule is thai the duty of the Attorney of Record
ends With the entering Of the judgment las authority
L