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

folio i55 Of our PAY era, and folio l53 The Counsel
opposed TO ne has tod your Honor that tne Counse
TO the Corporation bad seized every huei oy ihs
the Corporation Counsel was independent ana was not
bound 10 obey them. Now your Honor Will find by
the papers that the Common Souacl, Tue CCrporaom
Connse to appear and defend the tenants Tha. resou-
t;on was approved by the Mayor, and will be found as
folio 1853 and is in these words That the Counsel 70
the Corporation be and ne Is hereby directed 70 defend
virtue of stands granted to them by the city against
whom init was Commenced about the month OF May
last, and which lie still pending By the . State
and it's l.ssees in relation to said aid Washing ing
such other measures as will efectually protect
the interest of the city in the said property and the
said suit sffectipg the fame." Now undersfand II 10
be claimed on behalf Of the Corporation Counsel not
in his own person, but by the counsel who ap ears
here, tst he is not subject TO the Aldermen If he
catches them at time. But would like to know
whether be is not subject 70 the whole Corporation.
Now refer your Honor TO the plaintiff own papers
for the Chart.r under which the Counsel acts. The
26th Section Of the Charter of 1859 says There shall
be an Executive Department known as the Law De.
partmeDt which shall have the charge OF ana connuc'
all the law business Of the Corporation and OF the De
parments thereof ard all Other law business IN WHEN
the city shall be interested hsn so ordered 6y me Cor
porot,om, and shall have the charge Of ana CON
| duct the legal proceedings necessary IN opening
widening and altering streets, and draw deeds and
other papes connected with the Financial Department.
and the chief ocer thereof shall be called the Counsei
10 the Cooperation He shall not only conduct toer
bnsness but aIl their business in which they may be
interested when directed by the Corporation nave
read TO your Honor the resolution OF the whole Cor
poration directing him to appear and defend the tenants
The Charter directs him 70 do what he H thus ordered
TO do and he has not done refer to page Az OF
our paI ers and also 10 Valentines Corporation Ofdin-
snces Of 1859 page 22 where il is provided that the
| Law Departnent shall have charge Of and conduct
| ali the law business Of the Corporation when 80
| ordered by the Corporation Now, Sir, II there Is
| ANYTHING in law, anything in city ordinances made
| in pursuance of law, it was the duty OF the Cor
poraion Counsel TO appear and defend these tenants
Of the CORPORATION in conformity with the charter and
with the city ordinances. But what did he do he sat
silently by and allowed judgment to go by default /
will not give this conduct name~anybody else may
give il name if he peases.
Now yorir Honor there is another feature about this
matter. This Seba ri. Bogart, at folio 2a3 Oh our
papers had been appointed chairman OF committee OF
the tepants to APPEAR and protect their interests 1of
there were great many OF them, one nnpa!ed "'o
Clark who were the attorneys COR the tenants and he
pays up what is due to theGwhere he got the money
don't know but he paid them 5000, and gets CON
sent in blank TO substitute another attorney in their
place He puts in his pocket and allows judgment TO
90 against him and the tenants he ented. You
will find on looking at the papers that the pretense
was that he had called on Mayor Tiemann, who
had promised to send down man to give Sc
curity that the city would indemnify the
tensbts against costs and damages, and that Mayor
Tiemann did not send down the man to give the bond
The pretepse that the Corporation of the City Of New
York which is mol yet wholly robbed of It's rights or
property, not good security enough without get
ting nan to give bond TO indemnify them against
COSTS and damages ost prepostefous ana Is mere
pretense on the part of Mr.. Bogart. Was there no
coIuson We must gather the facts from che circum-
stances Sir "A Won must about tne man VINO commit.
& ne murder the other day, lou must first nha ous
his relation to the pates and what he did before anu
where he afterward in order to fix the damnins
papers On that motion before Judge Roosevelt that
the action commenced without the authority
of the Attorney General We found that out and
then that officer came to the rescue, and ne states
that it is for the interest of the State that the pro-
ceedngs which have been taken should he held
valid, and he desires the PLAINTIFF to defend the
interests Of the State, believing that the interests
of the State required it,. Not Taylor and Brennan,
but the interest of the State What interest of the
State if the Court please The title to the property,
would not that be as good as it was before Would
the title perish because that judgment should be set
aside Was it the interest of The City then that Tay-
or and Brennan should have 500 900 of rens and prop
erty for 5000? Was that the interest of the State
for no other can be suggested Now here let pause
for moment, and gather up of these facts and
zee whether there any coluson. We have Taylor
and Brennan seeking damages, and getting $500
damages and getting 900 against the tenants of the
Corporation. The Corpora ion Counsel standing
mute and permitting Judgment to e by default
ants and had pledged itself TO See them indemni
fed. If there is any answer to that, / should
like to hear what is for gives me no pleasure TO
i%pute wrong 70 any man: ne stood oy and ne nS saw
rating and the Attorney General lending his power
and that of the State TO uphold the recovery. Now,
have GU not got them together Srl and yet there no
COLLISION. care not what the divsor was, whether
the profits were to be divided at ALL whether the
men who had brought all these parties together col
luded to secure this judgment for 500 GOO.
The Cont here ntimated that the hour OF adjourn
hod aH audfb tho ndp
further argument TIL morning.
THURSDAY, July IL.
The Court met at ii o'clock when Judge Bronson,
resumiDg his argument said;
If your Honor please the cause that was men
toned yesterday has prevented me from opening my
papers after putting them together at the adjournment,
until united them here Ill Court. mention the fact
az an apology for the nfcton that may come upon the
Court in consequence; because could have concen,
trated what have to say in narrower limits II had
better health and strength to do it, and thus have saved
some time to the Court. AS il is, shall not put the
infection upon your Honor Of going over the ground
went over yesterday, although travelled rather
hastily over some of il. would wish, however, to
make one or two remarks upon subjects that were
mentioned Yesterday. Although your Honor has an
nouneed, what we insist should be the rule, that we
are not here to try the title but TO- ask for the
privilege of trying yet our opponents have crowded
into their papers many things all tending, or mainly
tending to the conclusion that the title is In
the State and not in the City, and have sought
public documents. They have been housing
about among the public officers. Mr.. Mott,
who has made three or four adayts here, is one Of
those WHO seems TO have been looking around to see
what he could find. Well, among other things he went
to the Controller Of 1857 He says in his last afhda
Wit and suppose the last must be considered the beet
whether it Is the third or fourth, do not remem.
ber-but he Gays in his last affidavit that he called
upon the Controller Azariah G. Flagg, and wanted
to get lease OF the property known as West Wash.
ineton Market; and that Mr.. Flagg said he would
mol lease it-tha it belonged to the State, and they
meant 70 apply TO the State 20 get It, Well, that