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

have occupied your Honor's tune TOO loSe. fear.
already, and they might Iced mo 10 say sonsthns
which sbould be sorry for having said. fnd how
ever, in The Daily Trasse,,pt, what had heard
wac read in CouTt-a Istt~r from the Alto
eral, complaining Of what bad been saia q, ,asyssn.
as'ai the Commissioners OF the 81 Ia 1.n wy
',"'Y' ''' ''' :. worus. ; have given the sasw,,
alresdy "Neitber was present 10 defend bimssH
The case does not justly ii. The assault suppose
bays s sossen 1osn nh az heavy bond
from the recorded acis Of the Commissioners. I hsve
made no surmses II these papers here do not prove
all bave said then lay heavy bond on me. To this
cny ithst Albany, was of no importance what dis.
position OF the property was made between the SsatA
and its lessees il was none Of ia bns;uess - wan
that do not understand, and win pass Il. "ConNs
coed cause require snch ahuw r. Your Honor viii
Judge Of that "Now tat the question is dragged in,
action of your board r. l suppose he has done Il,
though was unfortunate as Dot to hear whss the
yndication was Ifany one can vndicate them, win
give BIN time. Was Il not for the interest Of ths
terst of the State ~ The subject was new TO al
eve took no sk and now, the tile being sustained
it will place two millions 10 the State Trea-
sury" And how much in the pockets Of the specu-
to the party making the discovery, and taking al the
risk ~
Who made tie discovery Taylor and Brennan ?
No. Sir they did not make the discovery The Harbor
years before. They cay, in report made year or
two BET re, that this property bad been Billed BY the
1ty ard that it belonged 10 the State What kiad OF
Discovery Of speculation. "Is not that usual 10 cases
eschest or rather il MT formerly the custom to
give one-tbird or ope-hslf 10 ouch partyf'
Well Sir there was an old statute 70 meet this par
ticular state ( things The old soldiers who fought
our battles in the Revolution, and to whom granite
were made died. many Of them leaving trace q TO
who their heirs; 90 that there good deal Of
l.. 4. ri
said, by enactment if you go and look out for these
lands and give sufficient information to the Attorney.
General to recover them, We will give you 80 much.
There was such law, and now the Attorney. General
thinks he has precedent Taylor and Brennan dis
covered this good speculation be says "and wasi not
reasonable thing on our part to carry II ont twas
usual to allow something TO men who recovered es-
cheated and." Dyour Honor please, there wss another
act, compromising men who discovered gold and silver
mines. The grant of lot blank in township blank re-
serving gold and silver mines; :nd then provision
'hs If any one discovered those gold and ser mines
he should have something for dong i. BIZ, tnfnsa
out that the gold and silver lay beyond re seoS~S
Mountains although there may De some Piaoersr on
to men mousipg about, to see how they could make
speculation out of the State at the expense OF the city
where they lived
If have not, in thus going over the matter, sufi
GENTLY noticed though not formally all that was said
IN the very able 81 gument of my learned friend which
had the pleasure of listening 10 yesterday your Hon
or will do it full Justice, have no doubt, when you
come to look at The One thing ougsi 70 say.
He asks why Controller Haws, Messrs Noyes and
McKeon did not look to it and make an appeal in the
principal case in October November, or December.
They lad three months, he says, to bring an appeal
not an appeal pending aireadv. They Were, as you
will see by their afidavis, surprised to
learn that the appeal had been withdrawn.
At all events, there s no evidence here
that they knew the appeal bad been Withdrawn. An
appeal had been advised. Judge Dean had advised il.
Ii had been taken and they supposed the In
some condition to have redress in that form. 81 10
asked, why they did not move ct that time. I" Why
did not Controller Haws under the Act Of 1852
at that time 2" Why did be not move 7 Who had he
to advise with, to move under the statute Who had
he to advice with that all the remedies could not be
Could he advise with Mr.. Busted Not until the
year rolled round, and be had opportunity 20 con-
suit other COUNSEL did he think it necessary 70 join In
this application for new trial :.
ought, perhaps, TO say that they state IN their pa
pers or in their argument that the stipulation Of leth
September was drawn by Mr. Eyarts. We'll, Sr, did
Mr.. Evarts do any wrongl No, Sir: He incapaohic
of II. He was counsel on the other aide. He was WILL
ing to have o good bargain made if it could be hon
estly made, AID he might well draw the Tigulauon'
He is incapable for money, or any otner con@qera,on
of doing any thirg wrong or unprofessonai naa nos
known him to be incapable OF doing anything nat vas
not above reproacb, the noble argument made by hm
Yesterday even though against mel would have con-
inced me of it. They mention his drawing the stpu-
alton for n OF ssd% Do
erests of the city or what had he to do with seeing
that Mr.. Busted had authority to sign it He had
ohing to do with that it was no concern of his He
rew stipulation which he thought beneficial TO his
lent Ifths other side willing to agree 10 it. it
was none of his business He was willing that his
client should agree TO all contained in tbs stipulation,
nd well he might.
did intend, if your Honor please, to say few
words more, but have occupied all the time that
deem it proper to consume