The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-04-23


postponement he most earnestly protested The plea put
in that the could not proceed in consequence Of the
absence Of material witness was a most extraordinary
one as MI Busted himself in fact the most i'm Dorant
witness that could be brought upon the stand his
evidence that the Court most required yet this gen.
nemap knowing this TACT absepts himself from the trial
the pretence just given Mr.. Whiting further remarked
that the must 60 off, day should assigned
when it should be positively tried.
After further remarks made by the counsel and
the Court the cause was set down for Friday next.
THOMAS N. CARR TO RICHARD BUSTED, CORPORATION
COUNSEL.
SR-After a delay Of nearly two months il would SEEM
from your nonappearance At court day. that you
not yet prepared to try the libel suit against which
you commenced in February last regret these delays,
nasnuch they embarrass me in my business and Pc
culary arrangements but Am content to bear with this
fcion satisfied tina. the end will come and that will
trIg with my justification in all that have written
sad ofyou.
doutE well that the people Of this city should be
Informed Ct the merits and virtues Of their Corpora
ton Counsel Perhaps before ] get through,
both the public and yourself may have
some cause TO bushhey at the choice Of their city law
officer and yourself at that part of your conduct which
you seek to shield by assang in court of justice
IT, in my letter Of the 23d Of February, incurred your
dspleasure and you determined to call in the aid Of
the law to punish for the assault upon your public
virtue you have st least shown your discretion in the
choice Of the beous matter selected for the prosecution,
about the only part OF that letter that did not
tain direct charges Of Official delinquency against you j,
well tfe public should he Informed of this evidence
Of your ssgacty must confess my entire ignorance
yourself personally as was never my lot TO meet with
you unit, forced 10 confront you Judge Qaackenooss
court. On that occasion escaped the annhilanon of
your wrath greatly injured by the vi,upera
ton Of your voros, and tnen seemed 10 me that
having go tle respect for himself was from that very
dan Cd NJ fhe 0f trf ipfur
upon others. II seemed 10 me- however, that in playing
The part Of injured innocence and outraged virtue you
overstepped that nodesy OF nature which
mended 10 actors the happy medium which best
speaks the language Of truth and honesty. II the idea
had previously entertained that members OF the bar from
educai ASSOCIATION, had least the manners OF
gentlemen for q moment dkpeled Il Is bat just to
yourself and the honorable profession 70 which your
attached 10 cay that moments reflection recalled the
idea that while professions exempt from followers
Ike yourself, yet The profession 70 which you belong
Itself 50 honorable and go esteemed that !, can
nec,ion with il. II, 20 The lawyer, you
did unite the qualities Of the scholar and the gentle
least, tie attraction Of novelty for, country let
nfcrm you, cir the names Of lawyer aud gentleman
been ors enough amoTg rs 70 get eee / does not follow
that you have been long enough 20 have learned
cher s.uiary eesons Of which you may ye, stand IN
reed. II Ia Of these lessons that IL Is the right and
duly az the people 70 tie acs Of the public officers
nay tts; hey vii them that the freedom OF the
press established for no cause higher than ihs tina,
he r<<sess on Of flee gives ne ties or franchises
against examination Of the manner in which Us duties
are performed, and tina, any citizen will be protected in
such exan.ns, when he does for good motives AMI
Jrstfstle enos. This e al, sir, that have sought,
cared. vish 20 do and, IN my effort 10 cconp.h
a public good have cone you injury, the Court will
Judge how FAR the one wrs separabe from the other n
could DO 10 he public without interfering
with you and your office, IN It's fees and emolumens,
rot 10 oe tod that ] should have postponed my
duty, lest 4 should harm an Individual. Such not
my no:ions Of private, whatever your own may be OF
pubic duty. As v,iuabie pubic servant AZ you may
III. i m yyh
the cause comes 10 trial. n aiding the public and
nysef 70 tree knowledge Of the exact character duties,
fees and emolrmepts o; your Office that there be
fun ana fair understanding al round As you have
orouGll before the Pablo examination into the ques
part Of duties o. your ofhce PER
formed rest assured tho public eager and anx
20 know all and both Of us have gone FAR 10
retreat enle,s they know al, justice will not be rem.
dered ether 10 you myself Whatever constructions
may be put upon limited amount Of "ac,onablen words
the burden Of my whole article tho purport OF my xhole
reyresebiaon In relation 10 your Office and the
oui.s are 70 be discharged, what the Court the Jury
and he higher cour. OF pubic opinion will examine and
DECIDE " there have been INVESTIGATIONS enough thus
far, When We come 10 trial hoped that these mysih
cations viii cease.
ExpsrI.ors q your oncai conduct have beer called
fer by the press and The city auihorics. Ifyou have
nus far failed TO make them you viii nave oppcru.
nifty CT mssrr oesn breast Of 4 when before
jury CT the country There something yet unexplained
the matter OF some 10000 for me manufacture Of
certain rslo, lboxes Enormous 60 was the sum- which
Unexplained can be oonsdered exiortcn Of amount
frrhfu tor 80 small seeming necessity 70 our tax rid
der en- yens vet zoo have acted IN way ~ uusasfacory
and indefinite counsel that The Dcard OF Supervisors
by sn ssmoet unar mous vo;c. resolved that the
matter should no lorrer be permitted " remain in
your hands AZ 70 this us;arce thty Rave mafe their
cor comment on your acts, irusi libel on ny
rart 70 polish Tier dsapprobaioD Q, your conduct
IN he natter Of the People q The sate q New York 70
the reaon Of A. C. Fagg against Lprber aud toe Maysr
Aldermen and Commonaliy Of the city or New York IL
ptatsd bill of plant that low
oer and carried and referred ny
ssr ard reported thereon AMI the sad judgment suffered
70 he secured ny the sad plaintiff py and through the
rsri 81 81
WORDS OF he complaint Of A. c. Flag Comptroller
81 The CITY Of New YORK charging yon wtn gross Official
denquercy and sworn 70. ls tbs charge slsndercus,
nbeous assault upon your private character or upon
the peace and dignity Of the people Of The safe OF New
York Neglect q duty SIR he charge upon the records
f Inc court, n yon are az ANXIOUS 10 Gear your repu-
iaton that matter you m he AFFAIR with ne, the
courts are oren and ne people are sssou 70 hear your
eseraaned ripencd INTO conyci On that 10 remove
and place your ohca conduct the clear light o. open
day cher coarse OF action necessary than the
ssismrt 70 bold % the of the ex
the right o. all private citizens u scan The acts Of
u,r public eflcers pass over Of comparatively lite
ACCENT ice Zee Of $500 allowed 70 the referee 10 tbs
Iovber case for Az sad 70 be regardless rifes
In this case "a charged that the decision Of the referee
sfter single hearing ard without taking
rony, aud for sucn aborous service The sum OF $500
may 20 nd Ike yours accustomed % och UPON fees Of
once large as Ines be considered a reason.
able compensation. rass i over SOD am Wiling that
should governed by the measuring qpe OF your own
ofchl ccrscence. ~hica IL used 20 accommodate se 10
such matters. In that case, however charged against
yol you IJrrpsey kept the % TIE Judgment
entered against mayor concealed anti a,er the time
bad ELAPSED Cor an appeal, ara you charged With an
attempt % prevent an appea when vas ned
and levy made uru the properly Of the city You are
also charged n rvnc yeur oTcs approval 70 TIE tile
Of THIS properly Of LOWERS good free from en-
cumhrAtce. written certificate % that effect. when IN
point Of feet ycr mad never evan ned tue title and subse
quoIty adm ted assej the On the assurauce
made 10 you BY Lo-bers cocrsel Sow TAR This conduct
q IN unisen wtn dscharge o. your duties 10 the tax
payers Of hs CITY, Dou fer 4 cons sient wsn your
oblrauors % tue honorable profession 10 whish you
a bcct in.
t~r In ordinary lie srcD Conduct would be charac.
terzed ether ~ nepec; Of duty or Q preach
81 Iusi, and you would have the agreeable alter
native Of choosing between the $40 positgns. 10
he ordinary husoess of your profession snouda counsel
give certificate q the vaitity 81 tile which be bad
never examined, be would sand better chance Of being
troru over he rrr han voc viii ever stand OF BENG
agar chosen 70 Office which you nave thus dseraced
If recoleci arght. n certificate Of toe validity OF me
tile ven, regardless Of previous decision Of the
g per or Court ~hch rad decided against that validity
-ne pertnacy vncn 700 adhered 70 your own rur-
voees n N matter ef1rher evinced N your refusal 70
aFe aston ftr the rel ef OF the city, When tue mperfec-
uop a the lovb ue brought 20 your knowledge,