New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-08-05
TEE uACKUEv CONTRAGT.


ley ever bad any tangible existence, or that lis
fraudulent y-obtnincd contract for cleaning the
streets was anyth0g more than mere fiction Of
the fancy. Nevertheless, It Is stern fact which
has engaged the attention of the courts almost
cont nuou,ly for several months and will to.
morrow come up again in the Court of Oyer aud
Termner. before Justice Ingraham when there
is every probability that Mr. Hackley will re-
cciye the punishment which be has 20 iustlymerted.
Meantime. let us refresh the recollection OF our
readers.
Mr. HackIey was among the highest bidders
for Tic contract to clean the streets, contract
which, Accord to common consent is very
lucrative one. Below him were nearly score Of
bidders, The lowest Of whom offered, upon ample
security, to do the work for about half a million
less than Mr. Hackley. The lower bids were re.
ieeted, Mr. Hackley's accepted, and the contract
confirmed, both Boards Of the Common Council
hurrying through the job the same night, con-
trary to law. and the Mayor sitting in his Office,
contrary to custom, until late hour, IN order
to sign the contract Subsequently IA inYesuga'
ton of the circumstances showed that the Messrs.
Hone. principal owners Of the contract, gave
Hackley $4,000 in notes which was used to
pass the bill, 100000, it is supposed, going to
George Mcuutjoy for The Councilmen, ami $50
600 to certain prominent Alderman for his
Board-the bill being passed and signed the night
following the day on which Hackley got The
money. The same inquiry elected that the
brotler Of the Mayor, the Hon. Benjamin Wood,
editor of The Duly Neirs, and Representative in
Congress from the H. District of tits State,
owned one-lourth Of this ilgotten contract
In April last, Andrew J. Hackley wos asked
before the Grand jury, in the Court Of Sessions,
what he did with the S41C coo received IRON the
Messrs. Hope He refused to answer on the
ground that the answer would crim'noie HIN.
Recorder Hoffman decided that he must answer,
and on his refusal. sentenced him to the county
iail for thirty DAYS. The Grand Jury also III
dicted him for the contempt Juoge Barnard
discharged him from the imprisonment on habcas
corpus, ard removed the indictment 70 the oyer
and Terminer for trial. lie was again brought
before the Grand jury, the proceedings being
more formal, and again sentenced TO thirty
days in the county jail, aud again indicted.
The indictment was removed to the Oyer and
Terminer by consent, and Judge Barnard, hav-
ing allowed new writ of haboas corpus, or
dcred the argument upon the return to be
made before the General Term of the supreme
Court.
Mr.. Brady counsel for HackleY, proposed,
when the indictment was moved for trial by the
District Attorney in the oyer and Terminer,
that the proceedings on the indictment should be
STAYED until the decision of the Court Of Appeals,
upon the babcas corpus, as TO the constitutional
right of Hockey to refuse TO answer. The
District.Attomey consented to this, On condition
that Hachley should give a written stipulation
that he would answer if The decision was adverse,
aud that to secure bis answering he should
plead guilty on the indictment, the District
Attorney agreeing to waive the plea in case
Hacklcy did answer. TIE stipulation was signed
accordingly, and thereby Hackley had five days
to take an appeal from the General Term Of the
Supreme Court, if the decision was adverse to
him, to the Court Of Appeals. The decision Of
the Supreme Court was against Hackley, but he
did not take an appeal until sixteen days after
ward instead Of five. This delay made il too
late TO put the case on the calendar Of the
Court of Appeals for the June Term, and the
Court refused to hear the argument notwith-
standing the District-Attorney joined IIackley's
counsel in the application.
On the 9Th Of July, the District-Atiorncy had
Hackey called in tie Court Of Sessions in order
TO move for sentence under his plea of guilty.
On affidavit by Hachley's brO.her-n-aw, that be
was TOO sick TO attend, the matter was post
poned until the 9Th Of July IIacklry lad mcln-
while been also brought before the May Grand
Jury, and again refused 10 answer. Judge Mc-
Gum refused to commit bin for the contempt,
but took bail in the sum OF $4,000 for his ap
pcarance in July. The Distrct-Attomey caused
this 10 be forfeited aiterward; but, although the
bondsnen are men OF wealth, it is understood
that they are not liable, because the taking of
the bail by Judge McCunn was without authority
OF law and therefore void.
On the 9Th Of July, Hackleys counsel pre-
sented an affidavit that he was too sick to attend
The District.AttOrDey presented counter aflida-
Wits showing that Hackleys sickness was such
that it confined him TO the house during the day,
but that he went out under cover Of night.
Hackley has been staying at Bergen Point since
the 2sth of June, closely attended by Alderman
Boole, who has taken his family down TO the
same hotel. The Court adjourned the matter TO
Tuesday next but told the counsel for Hackley
very significantly that j. might as well be settled
at once, that their client had lost the benefit of
his stipulation by not taking his appeal in time,
and that the matter would be disposed of at the
adjourned day as though the stipulation had not