The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-05-18

| The dignity Of the pevson ibs led NJ whis,s re-
the alleged hbsI for II would Dc oss-,.o Wsaouabe !,
NnmsDy liaI 10 aDy dr~sra - submit as so'noe
hr coaa % cignisery 90 one occasrm gave piu'ian
went IN there VITO pair ~ Aotsso'ns cut o0i
without any. II Mr. Tsrr ,ns OCCASION
take ne looks UPON friend r. ;hari
IBIS
ltthe conclusion of Mr. Writings argument, wb CD
very able lengthy Juog. Ro.sen suggested tue
Isn.sy, thst Mr. Oa-rs pubgs,iSn was so.o'u,ey
privileged Wy the law Of the laod m future stage OF the
e@e for the ooy shon before the conr. wa' the ad
n-soD M Oars letter OF the 28ih Of February the
Jucgs ,ad hat ,be jury tho judges q the aT and
tbe facts and they must taks tho law from the Court.
Since The adjournment Of the cou Saturday he (tGe
Cry Judg.) h.d examined the matter, aud the
clusiop W excae ,be letter Of Mr. Carr pm osh,d In
the f1sHAID Of tho 26th Of Fesrusry
James Rutherford the nrst witness examined by
M. Whiting. He testified ~ foovs-I restoe Fifty
ETst STREET vas one Of The comm ssoo"'s for opeoog
two; We had clerk and he was appointed by she
mssontrs
@ Was he appointed at the instance Of Mr. Bus,eeoq
Objected TO. OBJECTION sostA,ned. Exception taken
q where sour place Of meetingP
0hjec'ed 10. Objection sustained.
Mr.. WHITING propose 70 shov-
Cousse for the posecurion-Wo object 70 any propo-
Gala The counsel must put questions.
Mr. WhitiDg-I dot know ths have any right IA Walk
~ ALL according TO the councils opinion. Ooject 10 the
Court talking abou, matters that not 70; proved.
wlnefs-We had 200 meetings; We met in the city Of
O WITHIN a hsfa nile Of the Oxy Hau9
Objected 10. objection SUI tanned. Exception taken
q Did you meet in the same room CT IN different
rocusY
Objected to Pulled out
Mr. whiting proposed N prove the character Of she
stationery furnished also thai the stationery eight Other
cases the same, although charged for In every
sase, which The Court ruled oct
Witness-hr. Busteed present at She FIRST
copd meeting he not there after while
Q Was there bill rendered for services rendered
(Osjeceo to) A. We directed The clerk procure II.
10 counsel for the prosecuton-Mr Davis showed IL 10
me about 1--WE menhs ago. iaont know the handwriting;
| II wss put among the other bills.
10 Yr. wb'tng--ihe clerk directed 10 bring an
The papers 70 tho office could NOT state precisely the
form of the bill IL Was for printing, pstng and
caber expenses In connection sith the oymmnsion
don't think made out in the name OF any person
could not state the precise words OF the headng ap
peaed 10 IRON the Corporation Counsel don |,
think II had name; IN the neishbrnoo OF no
| think the clerk Was requested 70 inquire a, 70 IN
particulars 10 was not IL items but In sum no per-
from the Office 20 explain H. I'D gs
an account ristrg what the hens vere; saw Hr Car
roll at the oil ce while the commission aston, and
believe there were other cases going on whea the fly
| ninth stree, caso was under examination.
O. Who kept the minutes or Fifty ninth sres.f Job
jec,ed TO- overrued IA Mr. Davies the clerk We read
them over afteA.be made them
Mr. Whtng ~ The minutes OF the lSh OF March, 1857,
into The witnesses bands and, AFTER reading the over, he
stated they we're correct
Nr. Whiting offered to read the minutce which was
strenuoUsy objected 10 by counsel tue ober side bat
the Judge permitted him TO read them Il resolved
by The Commissioners their ninety eighth moeug he'd
on wecneedsy the 18Th March, at 2s2 Broadway, TO
direct the CLERK app the Corporate CJunssl
explanation OF the hli Of TENS"
Mr. Whiting read from the minutes Of tho ooh OF
March thus No has yet been received from the
Office Of the Corporation Counsel" The 2st Of March AZ
answer ra been received 70 the letter addressed 10
the Corporation COurssl resolved that A1osner let
TER 10 the effect should he addressed ~ him. Tho
2sth March No has been received from the Cor
porsuon Counsel IN reply 10 The two communications hat
had been addressed him. The 3Otn March "rbe clerk
requested 70 cali personally at the office Of the Corpo
ration Counsel and nacernn the fact5, which information
was necessary, and which could not DO ascertaaed by
\ letter"
Mr. whiting then proposed W show by the ds-ussons
between the commissioners that they obe ted 70 Toe
| Jumping character OF toe bill, which he excluded
from dong He ekcepcd TO the ruling Of the Court
Cross exanioed mink there printed words
at the heading OF the bll wm made out sma pieoe
Of f,oscsp paper
Henry T. Davies .Jr depoeod ar follows was clerk
| Of thtl CONN bs'on; sas the bill that osme from
the Corporation Counses onloe; thought I
| turned Il 70 Mr. Carroll With tho Other papers
| but w& subsequently Informed by NJ. Carr
that he took 10; do u5t remember the form OF think
York. stated simp,y the amount, witch vas 81 100
l2h addressed communications according ~ directions,
by eommssioners 70 NJ Busecd, but received no wri.
tee vers; got verbal from Mr.. Carroll
no oher aDs-er given By Mr. Busted Mr.. Carroll
W my kuoviecge; Mr. Carroll od the i,ems consisted
Of printing posing advertising, making out and copying
Mr. Whiting poposso TO show tina. there were other
fees OF other clerks we're divided among other oI.ias
connected with opcu-E u sireen.
Tho Judge ruled against ths offer
Cross examIDcd-f had two three Interviews with
Mr. Carroll before reosved the bill be said the
Why be did rot furnish before tina, be wanted Ia
formation relative 70 damaged los think the hoadng OF
the bill set forth "Tno Commissioners 70 tho Corporal
Councils Office, deb'or." but is hong that
could not swe exactly about the mater; understood
from Mr. Card that the estimate was Intended 10 include
expenses paid and expenses yet 10 be dsburBed per
son connected with the prosecution has tried TO keep mo
| away from tho court
TO Mr. wbiing-I did not attend here last ~oex have
had no legal service u subpGns, ana when vas 40
prsed this m'rn,rg that my presence was roluret
Mr.. Carr At bis own house uon't think that no SAID
was copy that be took OF The bill converting
about the letter OF Mr. Carr which appeared tao
paper, said 10 him that thought Il very foolish
for him to write Il, 70 which he replied that be GOULD
prove ALL and that he bad this paper ho tI for
vices) in his possession; have strong impression that
Mr. Busecds name not 10 the bill sen, Ia from tns
Corporation Coupses Office, but would DO, we.r posi-
lively that not, think read, Th, Oomuis iioaefs
for the opening Of Pity ninth street 70 the C0rpos son
Counse' s once, debtor"
Mr. Whiting then put IN all ihs reports printed aud
written, together With remousrsnces Of property aolders
relative 10 The opening Of Fifty ninth street
Seiten ~ Trail deIosed thus: Il live IN Fifty ninth
street. between Second Third avenues have lived
there Tor four years saw notice fence nsTuctng
ne properiy owners 70 object 10 the Improvement hut
never notice ~ application " Ne court FOR The ap
p0ntr1H1 OF commissioners.
cros cramipod-I am one Of the rcmoustTants azains,
Tho Improvement; never know Mr.. Carr TIA knex HIM
as oornmiss ioner for opening thai street
Ferdinand N Nichols said II ain CLERK FOR the Street
Commissioner produced map o. fry ninh street
Nicholas l. Brundase sad no rOs1ci IN FIty ninth
street. between Second and Third avenues Owned proper
~ affected by tho improvement Jaw posted notice
the fence, and think mentioned that the commissioners
vere appointed, and that stated their names he did NO,
any other notscss before that.
Richard French said he owned property in FIFTY ninth
street which affected by the Improvement; canno,
tell whether In the peighborhood Ia August 1856
the Grst ledge that had u tho Improvement
given me by Mr.. Carr when he ~As appointed commits.
siorcr.
Bartimcus 8. Cady, examined by Mr. Whiting, testified
follows am clerk In the Comptroier's Office,
and pay out claims 10 persons having bills u
oosts; I have paid out bills on Fif1y ninth street
lt1st street and Ninety sixth street. The other nve
paid BY Mr.. smith the ,Alary Of the Corpora
ton Counsel believe, IA el2,ooc-S3, SEQ Of which FOE
Corporation ounse 600 for fees IN street opening
cases and ~ 900 for counsel 70 the supcrvors he go
ts 600 In addition for clerks.
Is this money paid directly W him or 70 the olerks9
Obicetei TO. Objection sustained. Exception tlkon.
judge Russell thought II was mmatera.
Mr. Whiting differed from his Honor, maintaining that
he had right W show that The pocket OF The
Zorro, alton Counsel
Patrick Kearney depeed nai he resided IN Fifty ninth
street. between Second and Third avenues properly
there vbch Is affected by The opening OF Ffty ninth
heard Of the oponipg first in October 1853 saw