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

mes,.. no such thing" And suppose Il wss 90
tLsf ero I'd that the Controller did not thick 1t
snr, 70 bun- tim,elfin repeating the conversation Q
going about thew wsSs on "I snd A W. y
dent to put this matter to tho test On the 9th o.
April last Taylor k.nds time-a little vacation 40 o
Aibny-and be me-. to the Controller, and says Z
bin Sir am ready f1 ~ can s.n. nave ave ,h. S'
comnuDiea ed to Mr. Plat, ~. Representative d
the Plaintiffs, people, end al, at The eeus
time srk'ng him when we shall meet 70 arrange form
Of stipulation. Now sir, here is putting 70 ne Isel
proof Of bis sincerity Mr. Plat answers that !" ~:
Taylo is rot now M town: 90 soop az be arrives v
speak to bin upon the subject Then follow eight o.
ten Gays after TIE Legislature bad adjourned sad ~
Plsft Is again written to: VIII you he % kidd ~ 10
| give aDswer to our note of such dateT And yoa
viii bear in mind, Sir, thst IN the rst note there IVES
nothing abe ut details nothing the question Il
restoring possessiop only the statement Let Us meet
and settle tbs principles Of stipulation There was no
| embarrassment and we were ready 10 meet teen and
arrange the details. Well. after Taylor ia home eight
ten days elspse, and Mr.. Plat again called upon.
That was before this motion notoed-s month be-
fore, or two wet ks at least. He s notified to say,
Now do you mean what you say 7" And lhr. Tay-
or is silent silent from that day to this until hs ooun-
se, Judge Edmonds gets up here to upbrad the Con-
| troller, because he made this unnecessary" this
"true" motion.
Now, your Honor please, II is not my business TO
defend the Controller but l submit that all such
msrks ere unjust toward that officer Bot IL V said
at zoe Controller has consented TO an Improper u.s. Of
carry on this litigation, ard has paid them odt Of tho
sinking FuId: ard the Controller lie warned "that
Gay Of reckoning Is coming Il be is not misquctsd
NOW 60 happened the Court please that the sin Of
the Controller, IN the improper Of the Sinking
Fnnd, was the voting for resolution on Feb. S. 1861
few days after he came into Office. to dsmiss III tho
counsel but Mr. McKeon That ia the transgression-
that is the squanderng of the Sinking Fund II Is In
their papers if the Court please. win not take The
trouble to lock it up; you viii find it there. Tia.
charge Is brought here, Sir to be used in another
way-to be Dsed TO convict the Controller Of incoa-
ss.cnry in bis conduct but there it stands an i'm
pershabe 10 the accusation that be has squan-
dered the Sinking Fund.- Bat wha. If be bad spsns
money out of th7 Sinking Fund.- The West Wash.
that is question which they at liberty now TO
deny is portion Of the Sinking Fund. There was
property Of the yauee of two or three millions Of
honest public officer spend something out of Il to
protect that property from plumber If tho Con-
iroller was mistaken, if the Court please, In sup
posing it biz suty to appropriate q portion Of
would Dot be very grevious sin. | an greatly mis
taken IT, after all their asssuts upon the Control
Ter, Re does not come ont like tried gold lie has
stood faithful sentinel the Treasury, and ho
has sed the right Of the city 70 this property Trns
be wished to make a compromise, If no couldi but 10
wisbed for tie sole purpose Of reclanng the city from
lenRhened controversy and savi g what he could 70
honest faithful and fearless public officer and like y
such in the position he 80 well fs; and In
stead Of eensure, be entitled to the thanks OF this
commrr ty for the fidelity with which he has DIS
cbare, his t-rist Now when come to the grounds
Of the motion beg leave to say that there |. 40 OK.
trinsc matter PIT into our moving papers which the
counsel put his finger upon that should not prop
erly be there. There nothing inserted there 70
wound the feelings of any one uness be was justly
exposed 10 censufe. There were no comments; the
lead sfidsvt is history of the transacsion
without ntte or comment and such Were the papers
which were served upon them. think may pieaso
your honor, that these papers are uuanswerabs, and
they are unanswered because they are unanswer-
able The attempt here is to get up false ISSUES and
versy. The counsel complains also that we have NOT
pointed wherein the fraud, or wherein the colu'
DIRE SEED your Honor said if there was COLLISION
| fraud il must be at some point where 1t could b
| proved standing out all alone l don't understand
so. Ycu nay bang man on circumssntial evidence
and If yo9 cay hang man on circun stantid evidence
you may also gather up the facts which show that
| n has acted either properly or Improperly In
matter of much less consequence than taking the Ifs
| OF his fellow man. And here beg leave to say
that sba)l speak word with respect to the Com
missiopers of tie Land Office, not because they arc
here Oh trial, bat because they stand connected with
the Transaction, and are one OF the inks In tas
CT AID of evidence which reach other parties, who
Do stand here 10 be considered The papers, your
Honor speak for Themselves and il they can answer
Ibese papers, we consent to be dsmissed ron tins
e,
10 trial is established, and / believe we arc
entitled to what we seek. Now II so happens, Sh,
bat Harbor Commissioners were appointed In 1855 70
explore the Hsrbor Of New-fork, and zee If there
eucroscbpents upon it, and they discovered thas
there were several portions OF land where the Corpo
RATION CT somebody else had gone beyond the limit OF
400 feet granted by the Montgomery Charter. They
made that discovery, ard they reported it 90 at Albany
to the state. Well now, here was enough TO excite
the cupidy of men who expect to make money easier
than your Honor or ever made it, Here was enough,
If the Court pesse, bere the West Washine.oa
Market "outsde of the 400 feet and now we will $50
come ont blank, it was well worth the effort,
and the effort was made. Nov, In looking Ct
| the application of Mr.. Taylor-Taylor and Ben
nan but put Mr. Taylor for the whole conoeru.
granted and what cay is this that before the lease
granted the matter arranged some where else
Where know not, but infer that, Sur, for have Q
right 10 speak frCn inferences. infer that from the
modsrston in making inferences, the blow viii fall
upon py sei and upon else. But what occurred
on the 94'h of April 1853 Taylor & Brennan write
letter. will put them both in now-to the Comma
sOpers Of the Land on e stating that the state OWE
Wasbir g Market Please tn give Us lease OF for
| S. Goo" l believe however, they did not use the
word phase" The Commissioners OF the Land IN
fee The day resolved that the lease be granted es
one year. Now, Sir, is il possible to suppose thas
| all this happens They get letter from Taylor u
Brs man on the Oath of April asking for lease fer
IS co., and they sit down and resolve that they shall
have it, Il tat the way that the AFFAIR." OF men Or
dnarily take place No inquiry about the value OF hs
properiy No inquiry about the annual renfsi and 10
| endeayor their part To zee how much more sney
could get for the property. Here property having
annual reDs amounting to such large sum- mccs .nAn
hundred thousand dollars per annnm' apS ~" ~; :,
| sssume that either the Commissioners acted "a totA
iqnoTsnce Of the real value Of the property, o. else