New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-07-13

lid mot seem TO promise WELL SUIT aganat ioo ,sn
ant,--uo one knowing how they COMO get oh I'D A'
| farm. without making new code.
Ard ,bis brings US down To the Circut which com
menced 10 this city the 10Th of September before
Mr. ustics Potter. There had been no notice Of tria
Nothing bad been done Not step had been 'aA frs
the experusDtO Of going against the squaer overegne
We'll what happened then II seems thai the pans
whether rapidly prepared or mott we're rapS,y exc
cuted The Circuit comm ell ed on the ln OF Septem
her 1859. Ofcourse one is TO be tried them As to
the Corpors.ion where weie they discharged out o.
Court. They had nothing TO do with it But on the
18th of Septs her, 1862 the first day OF the Cucult
we have this mos, remarkable stipulation between
TIA, lor and Brennan the Attorney General, and the
Council to the Cooperation They all agreed on the
18th of September. There is no concert, presume;
but they are all here they have all signed the paper
They all agree to it. Why how ia il that the Corpora
edge or consent the service of process All agree
that the Corporation should DO made parties defend
ants. Well, why were they brought in Why, to re-
ieve this Specializing claim from the embarrassment
| Of going on sgainst lSo tenants: But more espe,
cialiy was il TO bring the Corporation Of the city Into
the fuss and make them answer for others. Why, Sir,
it is expressly stated in the affidavit of Mr. Plat, fol-
OF the plaintiff papers, He states among other OBJ
ects that they had in view suppose all that they had
in view that the city should undertake to answer
| TO any Judgment which should be obtained by the
plaintiffs Now, if your Honor please had the Cor,
poIation Counsel any such power Has any counsel
clients them into Court without process by signing his
name and saying am Attorney Are they in Court.
Had they been in Court for day until this Judgment
was rendered against them making il necessary for
them To here and ask that the judgment be dis
charged Can any cit down, and by stipulation,
make another party TO suns VINO hss not employed
him Can counsel or any one else, nave such power
stand here to sirm that there is no judgment. Yes
there s the form Of Judgment but the substance OF 1t
is not here. Well, what does he do more One thing
MORE meant to cay Sir meant TO say that the
Corporation should never have consented TO be made
party; and mean 10 say If 1t comes TO aqueston with
me that will tell them nseDt TO be made par.
ties defendants. Let them bring them IN by compul-
sion il THEY can, and try how this two-egged machine
will work of recovering against both the Corporation
and the tenants 10 the suit Let them couple the
people and the iersees In this action ana now they
can get on. | will leave them TO do it u may DC
good speculation; but, being merely speculation, j
viii ac Al .hins g help it forward. Let them try.
Vel, there is more In the stipulation. The Corpora
ton is to "put in al answer forthwith; lney arero
try il at the presf ut circuit, commenced hat day. 10
nut in an answer forthwith, and try at the present &
cult What sort Of trial. if your Honor ple2se, when
the Corporation not in court, and Knew nohngo OF
what was going on. Judgment TO be taken against
the Corporation for the rens and against the tenants
for possession" believe they found it impracticabe
to carry that out, as the time had expired Wen, the
pleadrgs TO be amended, when they got through,
q in any form that night be necessary to make IL
legal" Why, Sir, human ingenuity could not make it
legal But 20 far they could, They meant to have IL
all made legal And her. 10 secure TO the palntiis
the $40 coo that should have been collected and paid
into the Treasury long before and which the Corpora
ton officers assured TO come, the receiver
ship was continued In violation. OF Judge Roose-
vets order it was to be continued. But this Is not
ALL Sir The Corporation Counsel as we learn from
his affidavit, was going into this trial with uconyic-
ton that the title the State and not III the Cor
norption whom he epTe~Dted, Well, Sir y might oe
Lis duty notwithstanding to attend and see NAV he naa
all the forms that the trial was according to law
For hold that a lawyer may defend man who Is
charged with murder and that he has all the FORMS
with cool conscience. But i submit, when ne was
going into the trial, like lamb to the slaughter and he
knew there some one else who entertained d
different opinion, and that person had been asso,
cated wifi him as counsel that he should have had
that man 10 aid him III the trial. These men, shouia
sayfor although Mr.. Mckeon says at hrst ne Thought
the title wac in the State, after his conference
with Mr.. Noyes he changed his opinion, and thought
the title was in the city. Here we're two men-Mr.
Moves whose opinion was well known, and had been
dec ared over and over again thst the city had Sood
defense to the action. These men had been employed
by MIR. Busted himself, he says, for he declares
that the Commissioners of the Sinking Fur d had no
powertha all the power was vested IN the corpora,
lion Counsel TO employ additional counsel They had
been employed i'll THE matter for more than year
prior to the 18th of September; they had been the
counsel on whom the pubic relied and on whom a Mr.
wi them1 On the Odd OF September both OF them
were discharged from the Gaze! The only two men
at that time engaged in the cause who believed
up manfuy in defense Of the city, were discharged
Why was Il, if your hon please Is there any good
for it will not take up the time of the Court
by dwelling on on it, have not examined Mr. Bus
teeds account, and ask you TO read it, He says Mr..
Moves was unkiDd and overbearDg." That was his
for discharging COUNSEL waose duty was not 10
defend him. but TO defend the rights Of the city, An
other was. that Mr.. Noyes Thought the city had no
title" aud because be had written a letter to the
Mayor" Why, if the reasons that appear on the
papers not of then false and the rest frivolous
then cannot read them rightly. vii! not occupy tue
tine Of the Court in referring more particularly 70 it.
Well it would not look well to go into the trial of
matter Of this magnitude without some show of fights
and Dir. Busted az Judge Dean swears, while ne
engaged III the trial Of cause at the Circuit, and
conseaueny as late as the 18th day of September,
asked him he would not counsel in the cause
Judge Dean, 90 far appears, having never before
heard of the matter, and, of course. never having
studied the questions to be discussed. He was en-
gagged Ia the trial of cause which finished only the
day preceding or the very day of the call of this
on the calendar In the vacations Of his employment
| there be says he called upon the Mayor; but at the
Outside he had not one night to prepare TO try cause
involving millions!
Now, Sir, that Judge Dean did his very best on the
trial have no doubt. But do believe that no mau,
however eminent his standing or however great his
leaning, could be prepared TO try this properly
in snch short time. have ead so in my affidavit,
and therefore may say so here Now on the 2lst al
answer is cent 10 the Mayer to be VERIFIED aud this
city has the honor to be sued very often, sending
TO the Mayor to verify an answer, according TO his In
formation and belief is matter that does not engage
his attention more than minute. He signed the An.
swerand returned ii TO Mr.. Busted. Well the Mayor
finding citing astir in this matter involving the
interests Of the Corporation, when he supposed they
out OF Court, concerned and sent for Messre
Noyes and McKeon, but he could not get them that
day. He them the next day aud for the an
he had il returned from Mr. Busteeds Office and
be Withdrew it. as he says, on the I'D of September
And there remains if your Honor please to this day
and this cause went to trial upon either the draft or the
copy which had been made Of the answer Oh the part
Of the Corporation. The Mayor, if the Court please