The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-07-07
The West Washington Market Case.
Before Hon Judge Insrahan

Before Hon. Judge lDgrahaIn.
JuIy s.-7he people of ne S.aas Of Nsto York a, IA
relation Of Tdyter Brenndn The Mayor, &C. Of Hro
Fork This a motion 10 vacate judgments against
the city. Il was commenced before Judge Peckhann
some few weeks since under objection as he had been
partner Of Attorney General Tremain. Judge Peckhan,
has returned the papers, and the taken up
this morning by Judge Ingraham. The Cay consumed
reading documentary evidence from printed books
the that brought before Judge Peckhamand some
few additional aIldavits. The AFFIDAVIT of Mr. McKeon
amongst other things, states That when he first
into the he under tho impression that the State
had some claim 10 the land in question, but the
investigated he hecane satisfied that the State had
title but from tie commencement he always insisted
that Taylor Brennan had rights whatever, and al
ways contended that the proceedings of the Commission
srs Of ,he Land Oflce, in relation TO West
Washington Market, were without authority of law"
The Corporation Counsel Tex Judge Bronson) OF
his letters to the Comptroller saysOne Of the quo ons
is, whether the three Judgments which have beel
covered against the Corporation In relation 70 the West
Washington Market property "are IN such position that
they not be sufficiently reviewed appeal at the in
the city be thereby protected" t. this answer that
n the rst and principal action there appeal pending.
Inc appeal which had been taken BY predecessor in
Office was withdrawn by him. and when my term COM
menctd tho time for appealing had expired 1t follows
that the judgment III mat action DO reviewed at
al on appeal at my instance And what makes the case
still the udg nent In that action was given In evil
adjudication against the Corporation the principal
matter in controversy. should trial be obtained
in the last two actions the Judgment in the principal
will undoubtedly be relied BY the claimants an adj
Indication against the Corporation the question Of title
Appeals pending in the Ccopd and third suts But
In ADDITION 10 the difficulty already suggested think
those not tried In 10 TO tho
Corporation the full benefit Of review II may be pro-
per TO add that Lw join you in the motion open and
reverse the so that the application may havo
all the that be given TO II by The action Of both
Comptroller aud Counsel " the Corporation. 10 this
necon will refer 10 my letter Of the Let Of
February for the purpose OF repeating at this time that
"pseer compromise TO legal strife If be eicted
any thing like reasonable terms but not without
And though cannot approve the bill before the Le
gsature will prepare as soon a. my engagements
will permit, if you deem 1t advisable 70 make effort
through legislation TO bring the controversy to ami
cable adjustment
Tie affidavit of Mr. Noycs forth that the city had
good defence against calm By under the state 70
the premises in question: that his opinion has rcned
unchanged, and that 1t s serious misappreheusho ~
person To suppose that he expressed curary
opinion any consultation with his with
late Mayor or any other official.
The aif.davt of Comptroller Haws was also real. He
says that he has always been aud still Of the opinion
that II undesirable that there should be legal
strife or controversy between the city midi
vduas and the Co poration respecting Of the lands in
and about the city and especially respecting any land
present pecuniary value That nternne this view hs
has rmy expressed the desire that this controversy
might be settled amicably and by compromise between
the parties concerned If such compromise could be Effected
honoraby and without detrnent 10 the interests Of tho
city but not other Depopen has considered that Il
would be right proper and just especially considering the
amount which the city az New York annually contributes
support Of the STATE directly by taxation and nd
rectly by the conferred here for toe state TO
grant IN accordance with usage Established ever since
the foundation or the State government release OF all
the interest which the state might have 70 any
lands between former grants aud the exterior
line OF ,he city, established by law, without calling
for the ment Of any whatever and thus
and finally dispose Of all questions aud disputes between
the city and State. Dcponent has at various times
pressed the desire that act might be passed
Psh that end and has repeatedly expressed tho opinion
that If the State would make such release 1t would be
desirable for the city 10 accept the and TO compro
mise outstanding claims which might have any legal
equitable foundation they could be compromised for
| any reasonable and proper amount
From the Importance o.! the there large array
Of counsel TX Judges Bronson and Dean and Mr.. w. II.
Anderson represent the Corporation, and Messrs Noyes
and McKeon the Comptroller For the State and Taylor
Brennan, Messrs Evarts, Hutchlns and Ex-Judge Ed
monds The case stands adjourned TO Saturday.