New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-09-14

titled An act TO authorize the construction of ruil
road in Tenth avenue Forty-second street. and cer-
tain other avenues and streets in the City OF New
York"
That said acts were and are and for o long time
before the publication Of the said words Ia the said
complaint set FORTH had been called denomnated, and
known IN the community and among all good and
worthy citizens Of the State of New-York ae "cor-
rupt legislation, and at the time OF said pubca-
tion denominated in parlance by such ciii
zens the whole Of which said legislation was greatly
dlsapproved Of by all such good and worthy citizens
of the State of New York and in fact msehievous
and injurious to the public interest.
That In and about procuring such legislation large
sums Of money generally and publicly reported,
understood, reputed and believed to have been inn
properly used and expended in influencing members Of
said Legislature TO vote for the same, and other i'm
proper influences were generally and publicly re-
ported understood, and believed TO have been
used FOR that purpose and which said legiiation
generally repnted understood, and believed to he aud
to have been corrupt That this defendant at the time
of the publication in said complaint mentioned July
believed such reports to be true. That the said plain
tiff in fact was active and prominent in said legislation
to wits at Speaker OF the said House OF Assembly,
and otherwise actively exerted himself Ia procuring
the passage Of said in the sad Houe OF Assem-
by and did as a member Of said House. therein advo-
cate ard vote for the passage OF the same, pubhciy
a. privately, and generally known TO ayoF ana
TO be in favor of said acts and Of the passage thereof
respectively.
Ks TO each OF the said acts the said defendant says
o. voted for by the said plaintiff the same was, ever
since hath been and sill is, of mature ANA tendency
highly preudicsl 10 the interests and welfare OF te
peope Of this State; hst al the time when be, me san
Plaintiff voted for the same he, the SAID pAn'i,
well knew and fully believed such TO be the evil nature
and tendency OF such act and a be also well knew,
was bound in hw and morals aud by bis duty az turh
member Of Assembly, TO vote against the same; YET he,
the said plaintiff, wickedly, wiliuly, ana coiIuplY
diregarding his sad duty in tsat behalf and with the
dishonest intent and purpose IL wo king such prejudice
TO the interests and welfare OF the said people ana
sacrificing tie to advance the personal ana indi,
vidual interests hereinafter III this defense saed, ola
vote for such act as aforesaid that said palu'is mo-
tive in so willfuly and corrupty voting for the SAID
aforementioned at 10 ndyarce the personal and
Individual interests Of james IL. lay Tor ANA owen W.
Brennan and divers OTHER persons INTERESTED thertln,
ord that az to each Of tie Other acts above mentioned,
his motive in voting for the same was 20 10 advance
the per.ona and individual interests Of the persons
named in the first section OF such act and Of divers
other persOus interested in said acts respectively asthe
defendant j, informed and believes
That the said defendant did with good motives aud
for iusnbe ends and in accordance with his DUTY AS
such ounahs, editor, and publisher and IN good altn,
aud without any males other evil, or nnJusihaUe
motive cause TO he printed and published tue sdid
words in tail complsint set forth.
And for Il third and separate defense TO the said ac-
ti0n the defendant gays, that the Legislature OF The
State Of New. York, which commenced It's sedsion on
the flint Tuesday Of January, 1869, and the Uouse OF
Assembly Of said Legislature did during said session,
pass divers acts % wit: tho acts afofetad, the pas
rage winch said acls by the House Of Assembly and
Senate Of such Legislature were aided and promoted
by iuproJe influences brought 10 bear upon RAID Leg
islatuTe and upon divers members thereof, and that
corrupt Influences used 10 procure the sSage OF
said acr by persons who had voice vote ia sad
Legislature, and who were not entitled or authorized
TO interfere with laid Legislature, or the members OF
said IIonses either VI them, or In tie esislAion
thereof bu Who on the contrary thereof, acted IRON
personal selfish, merenary, aud corrupt motives, ana
not with a view 10 promote the common veal or gen
era good Of the State the citizens there OF generally
Aud that such Legislation thereby became aud was
corrupt legislation, and was 70 generally denominAted
and believed 10 be by the good and worthy citizens OF
this State who were o0nyersant with the iacis con-
nected Herewith, and by the sid defendant that
the said plaintiff prominent member OF said Leg
isature 10 Wit, Speaker OF rad House of Assembly,
and prominent in aiding and promoting SAID legi-la-
tiOn and advocated the same. And the defendant says
that the said words in sad complaint e' forth, and
published by tie sEid defendant aoroetid Were n"t
understood by any person TO have any other ihteh or
meaning than TO charge as herein aioeAid, ana ihAt
within that intent and meaning tie sid charge Is true,
as berenbefore set forth. that the eaid defendant Ia
the printing and publication OF the aid article words
in the said comp SET forth caused to DC printed ana
published what lie yeTily believed TO be true, ana
what be believed the public interest required to be
known and what he believed i was bis duty 10 caufe
TO De printed and published aud that IN The aud Iint-
ing and publication he acted without malice, and IN
the discharge Of his dus as snch pubic lcurnahsi,
st charged with the duty and invested with the night
of fully canvassiug the merits and publicly discussing
lie fitness Of all persons who candidates for cleo
ton 20 public Office OF places OF public trust.
And for a fourth and separate defense TO the eaid
cause OF action the defendant says on Information and
belief that the acts Aforesaid were in fact corrupt
legislation and that the passage OF said ncts, aud each
OF them by the said Legislature, and by the said
House Of Assembly, was aided and promoted by per-
sons commonly called Lobby Members, and persons
who had no voice or vote IN sad Legislature, and
were not entitled TO any voice or vote tberen-and by
persons WHO had a pertonal, private ana pecuhmry
interest IN the said acts and by persons who sought In
attaining the Iassge and enactment thereof and OF
each Of them TO promote their own personal and private
interest in disregard OF and to the deirment OF the
general aud public interest, and the lniefert M Well
being of the State and the people thereof al large.
And that the passage Of said acts was aided and that
the sne were passed and enacted BY the sad Legisls
ture and by the said Assembly, by means OF and
through the improper and corrupt influences Aforesaid,
brought 10 bear upon individual members OF sad Legis-
auIe and said House oi Assembly, and tlat the tad
individual members Of Elid Legislature and OF raid
Houfe Of Assembly were persuaded and influenced 0y
unstatesmanlke wrong, selfish, sordid pecunary ana
corrupt motives in partsing enactng advocating, and
voting for the passage and enactment OF SAID acts, aud
each of them, and 70 promoted, advocated, pa seo
and enacted said acts, and each OF item, inhuenctd
Inv favor ard affection, reward. and the hope
Of reward, and from pecuniaTy and corrupt
motives aims ends and pnrposes, and for and Ia the
hope Of receiving money, franchises pHViiegef, ana
o6er pecunary, selfish, and ntTccnAry COZ alterations,
natives aims ends and purposes as well for them
selves as for their friends and other persons VIC
might and were expected 20 account TO such indi-
yidual members Of said Leg ature and House OF AS
semby for such pecunary gain or advantage as should
or might 20 them frOm on account OIL or by fea-
con OF such legislation.
Aud the defendant says, for aforesaid, the
said Legislation in the shid words referred to was
eorrupt egitlation-and that the said plaintiff was
active and prominent in said egislaion, and dur
ing the whole thereof Speaker OF the Houte OF Assem-,