The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-10-02
THE WEST WASHINGTON MARKET CONTROVERSY.
Summing Up OF sci q nd Charge Of the
Judge-verdfct OF the Jury In favor Of
the State-S47 800 Damages against the
SUPREME COURT.
Before Hon. Judge Potter

Before Hon Judge Potter.
OcT j.-7he SGse re-, Jdmes p. Taylor and Owen W.
r,,snan rs the Hayor ct as-Tis morning. at ten O'Clock
the Court opened and the jury having all assembled the
trial of the proceeded with.
Al eleven o'clock ex-Jadge Dean began TO sum up on
tho part of the defence. He commenced by aIudng
the Importance Of tho dchberaon-one of the
NOS, important perhaps that had been
court Of justice This action for ejcctmen from
premises within the city Of New York II was beyond
question that the city had filled in he premises in dispute
purposes the heait, aad ponirncrce of the
locality. In action Of this character the plaintiffs
must make OIL their title and their right 10 pos
session at the time Of the commencement of the suit
NO such right had neen shown on par. OF
either OF The Plaintiffs By any evidence in this The
plaintiffs relied mainly upon nasty old maps aud surveys
from churches and Offices There no accuracy in
these surveys for there certainty respecting the
starting point. The premises In dispute he contended
not outside tho 400 feet beyond low water mark
granted in the Montgomery charter the city The city
entitled TO 4eo feet from Bastavers rvaet Castle
Garder in straight tine drawn between the points
Tho difficulty Was find the starting point which was moi
indicated The city Of New York, besides the four
crcd feet beyond iow wcser mark, entitled all rents
pron.s, sc, Of wharvcs piers, slips, &c. These were
awarded 10 the city 10 perpeiniy by the Montgomery
charter This power vested ia the Mayor Aldermen and
Commonay Of New York. To regulate ferries lease them
&c. recognised always and confirmed BY all subse
quent acts both Of the Ccscnia and State Legislatures
The ohaer OF 1867 expressly confirms all previous char
iers ard manias all the franchises And rights 6 the
city oi New YORK The prescfiptiye right of the city
TO the premises III dispute began as far back
at ibe tjmr when ioreiahers dealing with the
vito Ipdans, ana dwell, wilhn foftsn fact far back
The time nc nad amost said, when Hendrick Hudson
first anchored IN Without this right by pre-.
scrtl The franchises Of the city connected with its
coninercei would be valeeless The tides and aiuyium
would typntuY in impcrto but city around
city, Respecting tue lease from the Land Commission
TO Taylor ana BreunaD, the counsel asserted it
NUd, ingsmuch the lands had improvements on
them within the meapng OF the statute and because they
appropriated TO an immediate use, namely for
market PURPOSES The lessees, Taylor and Brennan
not tlE of the aJacent land aud for that
aso er lcasc yod aud Ill conclusion, their lease
,oaeess nasmnch ony tho city could lease lands
i9r market PURPOSES, and the STATE had right whatever
80 Interfere After referring 10 the question Of damages
i. case verdict should be brought agans. the city,
tie cornsei concluded his address by eloquent
appeal TO the jury in behalf VI the city, which he said
greater importance to tho State than the State to
tie city.
Iadge Edmonds followed on behalf Of the State Many
o the points urged by the counsel the Other SIDE be
saI had nothing TO do With the case as regards the iry
hu we're questions entirely for the Court to determine.
Efforts strong efforts had been made prejudice the Jury
by frequent allsons " the dangers to commerce. tax
payers Se involved III this casc but he believed the
jury would utterly disregard such illusions, and DO their
duty honesty aNd faithfully II matter Of SURPRISE
thsi sGc proposition the city being walled in by the
.-tase shoaG be presented while the answer TO IL
,a,sabia 10 any one having my knowledge of law or
.aasaa There was about US much possibility Of such
thing happening there WIS of tue sky falling No such
,fsns could ever come to PASS The case WAS very sim
PIE ,ceG. action to establish the right Of
the the property ~ question All nnappropriatej
a,ds under above watr be Claimed, belonged TO the
STATE Tue question asosa y England years ago, prior 10
the Re routoa Of lGoS where the rule finally establish
that the lands water belonged to the people and
10 the KING All title 10 lard in This country ORR
ginaly derived he people Down 10 1886 there was
ne lie % vat. ma
II 1850 loar hundred feet beyond low water marx was
gra,G ,ae city by Che Montgomery charter. The aues-
oE, thei. was 3nehes the premises in dispute be
yoid this marx y. the testimony for plaintiffs aud
oeendaEis IL N@s proved that these promises BE-
youa that mark, and al The maps Showed that the four
hundred !. did not extend beyond West In the
Of Judge Hoffman, alluded 10 in the Of the
nsl, was stated thst 1cfe street constructed
aety wiih,H the limits {. tle sfaais
lie coepsc continued bis argument il very tafapeF.
ais str&n ana reviewed nj some !o8cb the remarks made
D., lie counsel for tho city pleading the cause OF his
eeIis lie asserted That the lands IA question
app .p'iaied lands, Hita The neau'ng OF tn sate,
aea, IN anths me prescrptse rghs claimed by the
etpGauis ~ said that the very ict OF the grams
below pw water ri7s to the c.;y pat an aI,c,aai
qnicGs % tha portion of his learned opponents agl.
mfrt lHc language 81 the Montgomery charter, ~
'herralef yesns the e y hand 40 ieet beyond low
mark, presnpposed tsat did previously BE-
long ~ ino cny bess,ng the right o te ely 10
docks Sc, erected in AaYig.,pe rt6rs bsyoni law-
Fui mis tat nfiieF raa areiy been dec.sa adversely
10 us cy N formor rases sier asgung eaDoratey 10
prove tr corrco, line 81 low wate marx AZ the tmo of
ibs Montgomery chartnS and '4sn that the premises
Wes Washington market ontsidc chat nnt, Judge
hmonds concnded win short ahsioD 10 the confidence
ance with tn. evidence
Judge Potter next charged tho jury He auied TO
Of the difficulties which bad surrounded the case at
is ccnmencemen hni whit ne gai bad been lis.
oscd Of BY stipulation between the on both sides
he h,n explained 70 the jury the Of The action
andsteted that he woui sufficiently discharge tho dusvs
imposed o. him by combining himself ~ his charge ~ Tho
poiuis upon whtfhe counsel bad requested him 10 IN.
suuc he jory h considered ths tr,ai an ueinen s,en
a. 1rN