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

terees had TO do 70 assess damages. They had all
ibey wanted the frs: trial, and when thy 80
arour the Isnd and find another piece Of Land that
has been proclaimed from the Atlantic Ocean and bring
,te;r action to recover II, then this cham adgmen.
= conclus;y4 so::. aud we have 9 Corporation Of
tie CIV Of New-York bound hand ana foot without
trial. Though the plaintiffs Counsel bad very easy
victory, yet we find that the Corporation Counsel CO..
sspted that they could have allowance of 81 800,
for what for beating him. That is little matter
readiness do all that may be called justice, and pos
sibly little more than that to Messrs. Taylor and
Brri nan. Now upon this 9u"stUn Of title let make
other remark No Judge to this day has ever ex-
pressed deliberate opinion that the title was in
the State; but one Judge has examined il, and has
written an opinion upon IT, and that Is Judge Rooss-
welt and he Gays thai the ute is ia the city, and
Judge has ever conroverted that opinion. Judge Pot
ter sad sba rule shali rule the title u in the
city, and tan rule that the title is in The State for
the purpose of allowing review. II am wrong in
that it will be set right by another tribunal" But
then, your Honor these appeals were never carried
up, for on the 9Th of November both these with
drawn. They wanted to get this all right before they
commenced the other actions before The Referees 60
that the Referees would have nothing 10 do but
damages. On the Both of November the appeals were
withdrawn; and what more, If your Honor please--an
agreement that they should have no new trial under the
eiectmept suit. Your Honor kuows how it in the
olden time for both of lived before the Code that
g man might bring an action Of ejectment and get
back end then another, and get back again. and then
might bring a third and after he had been turned
ont might turn around and seek TO recover 1t back
again. Well this is different under the Revised Stat
nies and instead Of having these different trials In this
way, they secured it that party, any time within
three years to come, might seek new trial by paying
ND the costs. Now, your Honor, here without the
knowledge or consent Of the Corporation without the
knowledge and sOnseDt of the parsons who claimed
that they were of the landthere il an agree
ment entered into between counsel. Had they power
rko,as hat nsat yAr had ur
sucb authority as that don't care whether IL is the
result of accident of mistake, of ignorance or Of fraud,
or design ray that this lie all void IL 10 done 6y
concert with persons claiming against the city ana the
counsel W no ought TO have defended them. Whether
there is collision OF not let every man draw his own
conclusion. Has any attorney the right to compromise
the interest of his client without his consent or without
his ms ructo41 Nomatter how good bargain ne %
question net ds only to be stated 10 show the
oft. New, Sir conclude in respect 10 this jddg'
ment Nc. l. that there Is color for sustaining III
and ey,,e with nv learned friend Mr.. Evarts) who
yesterday addressed your Honor 80 honestly and 90
aby that nothing should be brought into this case
which does not prepery belong 10 the administration of
Justice and Il we are outside The rules of law let us
be denied all remedy. don't want anything but what
the law give us, and Sir, as ! have always learned
them, they are against all fraud and all inquiry, for
that vitiaes everything even the record itself can be
set aside for fraud and collusioD. Now, few words
about the other two actions. said yesterday hat they
turned on the poiD-they are frauds add the re
suits of what was done before On the 9th Of Octo-
her, Mr. Taylor brings eectment suit for Elk months
rent Eight days aferward, November 10, il is refer
red by consent. Council here at length commented
the two actions which were referred by the consent
of the Corporation Counsel, and argued that Mr..
Busted bad power TO give any such consent with
out consulting the Corpora ion officers or the Mayor
He then proceeded: And then, if you will look at
the affidavit of Dir. Spesr, you Will see how. the
thing to 60 had gone on so far in total dis
rs oil 49, and to
Mr. Spear 10 act referee in place OF Mr. Nathan. He
says: We want you on the 26th--we want you TO 80
ino Court tomorrow morning, and therefore You can.
not atiebd your office. We are going to run night
and day line. Those are not his words, but put 1t
night and day line. L. is matter of great moment,
and it will be worth IS 600 il your eket Wen! N.Y.
Spear would not these TERMS Now, 1t Is due
to Mr. Taylor to say that he most emphatcay contra
diets this But, your Honor put it to you -aether
man who has a great speculate at Sake and who is
in earnest to succeed aid s ali interested witness and
an interested party to balance the srae against such
man &c Gideon NJ. Spear. believe his name is Gid
eon-at al events, Gideon is a good name. MIR. Tay-
ors account of the matter is that Mr. Spear asked him
what he was to give for the markets that 1t was good
spe ulation and that he replied 5000, and that Mr..
Spear was mistaken. But, your Honor, how came MIR.
Spear to ask him that question is il natural to sup
pose that he would ask such question when almost
every one knew what the terms were at which Taylor
and Brennan leased the property, some time before!
The referees met on the 9th and running this night
ard day line, they were enabled, on the 10Th day of
December following, 10 report. They say that lay
lor, for the Elk months rent on his renewed Lease Is
rents and profts under the assignment Of the Commis-
sioners of the Land Office the referees allow S4o6OOO;
this assignment which had for more than year been
botted out and to the credit OF me- sue
ton of July but did not produce the subsequent one OF
oath August which revoked the first. II that resolu,
ton of August had been given in evidence, they could
not have recovered copper. But that was not pro-
Wall taken. They went
through the FORM SO far that was concerned. APP
peals were taken in Nos and 8. But these appeals
were withdrawn. Thus, Sir, my predecessor in office
left his post Judgment against the city to fraction
property was in the people of the State And that is
part Of the inheritance which fell to me.
have yet little more to say about the Commits
soDers of the Land Office. On the 18th OF December,
1885, after all these judgments had been recovered,
Mr.. Taylor applies for third year lease He says
lie has been bitterly opposed That is one reason
for it, He says asO, that three suits are now pend
ing" He has had great deal of trouble about ito
get bis money! Three suits now pending though
he bad ust recovered Judgments in them all, and the
appeal in the pncpal one had already been withdrawn
and the other ones Withdrawn few days afterward.
He tells the Commissioners few things more. "You
are cognizsnt of all these things" he says That is,
that TIE year is just going out There is no Knowing
who will come after you. You had better give
lease for another year. have been bitterly opposed
Why, Sir, / have fought a stouter battle, msny and
many time, in Justices Court for d0llar-that
have, In working my passage through the world.
Well, what did the Commissioners dol They consid-
cred the MATER and the old term not to expire
until the oath day of April following they could not
when the year was about half out, lease again. If
you do that, yeu might make perpetual leaseto-day
granting lease for year. tomorrow extending it
for another year. and for 365 years circuit
OF the sum- Well not daring to do this what do they
do They recommend that another years lease
shall DO granted on the same terms" They look
forward Sir, and say, ave, knowing all the facts,
recommend that our successors shall give him new
lease for the third year,"
Ii your Honor peases, it gives pain to speak as
feel bound speak Of public oicers but should be