New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-01-01


cessive days, was on Tuesday summed up and suo-
mitted 70 Judge Roosevelt for his decision. lhe
fc.s If the case as developed BY the testimony oil
rr,,srous witnesses. are well worthy of notice,
..nac;,rv a. the defendant is the same Devhn
whom Msyor Wood appointed street Commis-
s;one, and whom Mr.. X. Bu.teed charges With
fraud and perjury.
Soon after proceedings had been perfected tor ex-
tending the Bowery from Chatham square 70 'suA'
lin sousre. il was deemed expedient TO cnange tue
Grade Of the new street, including that portion OF
Pearl street included in the New Bowery. APet-
tion Was therefore, circulated in the neighborhood'
and signed BY various owners OF property praying
the Common Council to effect fho change OF grade
This petition appears not to have been signed oy tao
"tws.thirds" required under the statute OF 1906
but il was, nevertheless, presented to the Common
Council, and resolution and ordnance passed d.
rectns the New Bowery to be regulated and graded
under the supervision Of the Street Commissioner
The ordinance was approved Sept. 20, 1856.
Tn pursuance of this ordinance, the late Joseph
S. TAYLOR advertised for bids or estimates Tor tue
work and in response to his advertisement h'e
bid. were sent in-one by jeremiah Haley, at "a
cent. for earth excavation; one by Peter Morris,
at so cents one by Daniel Gallagher 81 % cents;
one bv John p. Cummings, at - cents; and one
nv John Meehsp, at 81 20. Tho contract was
owardod IN Haley. and th. award confirmed by
the Common Council 10 the great satisfaction,
probably. of Mr.. Charles Devlln who was one OF
the sureties for the faithful performance OF the
work by Mr.. Haley at "a cents yard h"f Mr.
Hale, Disappeared in sudden and altogether mys-
terious manner, and Mr. Taylor, lesping shilfuly
over the intermediate bidders, awarded the contract
to John Meehan at 81 20. Mr.. Devlin Immediately
took an assignment of the contract from Meehan-
the consideration of which assignment seems to
have been that Fernando Wood should appoint
Meehan to captaincy in the Seventeenth Ward
Police Alderman Haley, brother of the lowest
bidder. and friend Of Mr.. Devln, induced Mr. Gal
lsgher TO "back down" from his bid of IS cents.
Deyln himself bought out Mr. Cummings bid for
$3.50. Mr. Peter Morris was not notified to como
and claim the contract ut 80 cents, and wa there
fore led to suppose that it had been awarded to the
lowest bidder; and so, the coast being clear, the
work was done by Mr.. Devlin, at the outrageous
price Of 81 90 per cubic yard for earth excavation
But Mr. Deyliu was not satisfied to dig sll the
earth that could be reasonably or unreasonsbly
taken from the New Bowery at this exorbitant
price. He therefore circulated petition to change
the grade of the ntersecting streets, Pearl Hague,
Vsndewater, Cherry, Frankfort and Franklin
square. This petition Mr.. DeyGn procured to be
signed by all sorts and conditions of men and
women, BY persons who never owned foot Of real
estate on the Western Continent, by women for
their husbands, by clerks and apprentice boys
Upon this petition resolution and ordinance We're
passed. authorizing the grade Of these intersecting
streets to BE- changed under the direction of the
Street Commissioner. Mr.. Taylor did not adyer
tse for proposals for the work, but turned it over
TO Mr.. Deylin at the same price as that contained
in the Meehan contract for grading the New
Bowery, 81 90 yard.
But Mr.. Devlin was not yet content. In June
last while he had possession of the Street Com
missioner's Office he procured from Mr.. Turner,
his deputy, pair Of certificates, stating that
the contract for the New Bowery had been let to
John Meehan, at the following prices: % One hun
" dred and twenty cents for earth excavation
and " fifty cents for earth filing" and the other
stating that the contract for the work upon the in.
tersecng streets had been awarded to Blank at the
following prices: 90 One hundred aud twenty cents
" for earth excavation" and fifty cents for earth
filing" This little item Of 1" earth filling did not
appear either in the specifications Of Mr.. Taylor
or the bid of Mr.. Meehan; but the evidence
shows quite clearly that it was interposted in the
contract, after the contract was executed, and
while Mr.. Deyln bad possession of the Office of
Street Commissioner in June last. Ii is proved
beyond peradveuture that at the same time June,
1851 Mr.. Devlin caused the words Time to do
50 the work extended four months from Deem
- Der 6, 1856" 10 be inserted in the contract
nunc pro tune amendment quite astounding.
Upon the basis Of these two certificates the asses
sors prepared their list, and were just ready to
saddle the owners of property on and near the New
Bowery with some twenty-six thousand dollars of
debt, when Mr.. Berrien, taxpayer, came forward
and procured an injunction.
In addition to the facts above stated the evidence
shows that during the time the bids were before
the Street Commissioner, Mr.. Devlin and Mr..
Taylor were constantly closeted together, behind
ian ogee screen in the back Office; that Mr..
Deyln commenced the work on the New BOwery
some three weeks before the Meehsn contract was
signed, thus convcting himself Of completely with
the fraud from its earliest incepton that before
and after the work was begun, some three or four
thousand yards of earth and rubbish were dumped
on the line of the New Bowery and then removed
by Mr.. Deylin, and allowed to him by the Surveyor
"a earth ercsvafinn af IL 90 q lard. that and