, 1861-10-11
TIE ALDERMAN G0LBT- MTFs-
.1EGk1feN.
rtsrlMoNy Of ,sYsRAk1 VAN NEsr,

TESTIMONY or sysRAk1 VAN NEST.
The Alleged Sale of a Bogus Claim.
The investigation into the charges preferred |
by the MAYOR against Aid Colby was resumed !
last evening, AID. Hubbard II the Chair. |
Present, Alds. Colby, Bota1sca, Marshazl, JOY,
Hsasn, aSSa does, aa6sa1a, Halvss. a Pe4ndTs; @
White, Perkins, McDona1d and Gomisky ab- |
gent, Aids. Hoyt, 4alomon and Law.
The Chair remarked that the Council would |
remember that there was no dectsIua at Ehe |
lat meeting Tth ssn9d seaeTePee to the order IN
AID. ComiskY moved to take up the first |
Nj. Aver, for the prosecution, said that af-
ter REJECTION and examination Of the charges,
he was still more satisfied that It Was not
proper 10 infringe On the usual modes of prac-
iice. It has never been the practice in COM
mittees Of this kind, to lay down arbitrary
rules. Il Has q matter Of importance to take
up, the charges seriatizs but it: was ad- I
visah1e that the witness should 60 through
with his whole testimony, no matter to Whist
charges that testimony pertains. IT was .
matter Of iuetice to the pnbllc and the Cour-
Gil that the examination ehonld be impartial
ard candid throughout, and he demanded that
the rules usus1ly applied to courts Of justics
ard Legislative bodies, should 6e observed in
this case, Mr. Aver concluded by readirgthe
Law es l.Id doTn by Cnshfng, On the order Of
At a1lrg evidence.
TO Mr.. Ayer for Its kind adVice. AS to rules
of legislative bodies, he had no experience,
but he would refer to recent Investigation
wtsre the Msyor Was eI e1acio chairman and
insisted upon taking up charges in order.
THE Mayor ct this point corrected the counsel
by denying tic statement. Mr. Van Buren, pro
ceeGed.,
The counsel says it will lesd to great confn-
sieu il We do not commence at the fifth
| charge. With his bump Of order, be couldn't
| sse low commencing with the middle and
| spreading cut II beth ends waa going to pre-
vent contnl ion. His e1isst vas rsaay 70 70 mSes i
| the first charge, ard ne mslsteo lnas sne
charges be taken up In order.
| TIE MAyor said be began to think that ne
ives az Interested party, as libel suit foT
$50. eco damages lad been brought against
hi1n Tor making the charges, aud be therefore
thuught ,hat the same rights should be grant
I'd him as were granted Aid. Colby in the
Ward Investigation. he cla!1ned the privilege
O: introducing witnesses in his own way. He
didn't wiRh to be dictated to-.
AID. Comieky made speech. If the Mayer
Thought the Council we're 70 be guided by TIL
former precedent OF the Ward investigation,
he ysas mistaken. He didn't make his N s7ion
TO exclude epy WITNESSES, but he wanted 10
step the attornies by commencing buEiltss
he didn't know how they were going to act il
taty commenced st the bottom and ran TO tht
top. He vas willing to commence on tn:
| ti.et charge. .....
TIE Mayor and AID Couieky had consider
able sparring upon the precedent Of the orde
ut the Ward investigation, resrlti2g In Ct
tssue OF vetacity between the two; anotae
collision ersued between AID. Myers and tn
Mayor, ard third between Alo- Myers am
the Clair. Order Haa finally restored, and Ald
! priudigi11e moved to amend Aid. Comissy
| motion that any Witnesses called might test
I ~ to any charges Of which they had Know,
| edge The original motion as amended va
, | passed. Mr. Van Nest Wss called to the gtan
and examined By Mr.. Aver.
: TESTIMONY OF sEERAST VAN MEET.
1ses1de at Laper,e equity, Indiana have live
9u r. ~ d 5aa "a coSS
July, 1857; they gave me their bond and mortgas
1ut mofis.se x were & line equA ins,aluents, vi
+ Interest Annually at per cent Mcatoe and Coll
Imposed of theI interest, and Day left the count
called On Monroe ard Colby to pay the inlchte
e nars; an arrangement was. made by which th
stipulated to make ne Payn'snT 1' a9d t1aa5
. was to take their new notes tur the balance du
the lasd was gold upoh the mortgage. Angus !
Inc 0GGQ QHA uEft1 uSGA EESE1fEA AV5 (
+ trustee; the original bond and mortgage were 81
II rendered TO the t,nstee; last spring, when cal
TO Chicago, there was r. 900 due, with the n
81 as 1g c, ,o1a eaid al i VAS ncouTsnie
oW.Dg 10 the tightness uf the times; Colsy th
proposed to turn me out paper AGAINST the c
nay it cff, he would giye bin, bonus for 80 doiE
/ at tirst objected but finally told him would "a
it and chow it to good nT3ers to see what II
saiu alout it; Mr. Monroe looked at 1t and g
1he CHIN WIS good; Colby said be had dra
$5M0cr$G COO On it st the bank; said il. was g
agaiEst TIC city but it might take eome ti.ns
gcod and MT. James F. Walker also though
was COED; colby assured me the paper was gt
ano celsetaos; 1oss .hs paps1 aaa IS $a1aa a up q
ed tte Trustee to mike the decd to Nj: Cotbs
thtnk executed a quit claim deed TO Colby for
nertgas.d Irtmses e 3 1rass Seou t,sls ~ = a1 =
thought it vas safe operation - take the paI
the Prosecuting Attorney has this paper LII
pc. aeEslb1.
INr. AVER left the room 4 few minutes to Oh
accpy; having returned, the Witness exnuj
the copy and identified it as 4 true one.1 The
| ness proceeded;
Imade bargain with Mr. Monroe to take
s15 paper and collect 1t for ne; slr: Monroe agree
size Colby The undivided half Ct At acres. Tal
At 1860, kituatet abont six miles from the I
as The bfnue; heard of the paper next By le
s f1on Monroe, stating that the claim Was pres
- cd to the CcmmEsiener6 about two weeks q
e came here and Muuroe eaid they h.d never Ieas
ON the csEe; 1hat Has the first tune had any int
,,s tion the1e was anything wrong about the PAL
1~. l called upon tie EomptFoller and after wards
lid the paper; Aurroe had tod Colby whar the &C
- tro}ct had aolh Colby met me On the street
-. told me Lot to be scared; he aaid It could be
the l.cted the city IVES Habe ana conld1't get cle
his IT, ted colby thst The comptIolier net net me
ers me the Comptroller had no right to pag It to Q
In parties; rather considered It negotiable pa
70 { vent with an attorney TO the Cemptzo!leF t
| firrafn fhnr inVRGHJH
;}s1 and authorities examined; explained 70 Y
tie transfer Of the original agreement and tha
had recfptssdd T.. T. f1 that Taf ost
NO settlement.
cRoss EIAArNATIoN.-This property so
1rry Colby was lots ard part Of 4 building at
my. Eaplds was At sanE Rapids Wien tne 1s pso r
c9s here; did net GO ba.k that year; I met MI
rrsd sor.c time in June. 1867. when he came Ut
tns R15opr 4e o1ai R5opff' e.
: ~ ~. Kapide, when Day was up there: IN Augus
hey bargain was completed; I and my son mad
n5e IL bQ not e a.
q M be was to give security the real estate; he g
cred ~ E.i5T. Munroe snd Da1: thst mortgage VI
vas between two erd 1I1ee thousand do!!!G.::; il
eed, made to ny son; after made the aase If gos
hard sauk Rspids, came back here and couermt
thcr ali parties uuderttood that Dty b ID hougf
i be eoode ard "ae going up there; previous to
ount Eers'not "a ma1T lots IN the d.ad ~ a~Te
cred sell: / tbIuE the3 cla1mcd that DO deeds weT
out; they were estinated. at $4,000; they
fi IN pcnn1 Sha1eex z sf'i4 lime me- 5f tha fss
It he negotiation; It that time claimed sonethit
"a 81 e, Day; they allowed ssO1 adyised with did
y M ~ lawyers about the claim on the city; Colb
HIS with ne st the tine and encouraged me to
Teys legal sdTiee: doa't knew whether sugges
,cu=- ! TO sps lawyer ple:sed; after Colby pfopo
Com sill II 70 me, thiHk remained here two or
day; ] think was in the city inlal1, five d:
tona! see the Comptroller; think have claim 5!
8 re- Colby on this. bat there are good many
Id be tsihties in tiis world. and don't know
year, win ceme cut :; think have = legal claim
nor Monday Of this week; don't know who serv
, A'A twas lu the affer past Of the day: he show
thc Subpoena; Wss at the Clarendon House
e re- time: 1 All mietaken; it Was last eveui1
'nent aubpasnaed IN this room, tbs 1ccoad
Id be the tret subpoena was served Oh Monday to
Nsw laet evening; vas not present Last evening
tsaen matter or going before the Grand Jary N Ii
u al OF the People " lillian Colby, to get Inn fns
IS in Co]hy WAS the euhject Of conversations; thf
that Mayor first tod ne ought to
They Colby indicted; I had a1othez i1te;yiew
"a a. CoEp1olier's office ; the Mayor did not OF
ho~ aEy assistance to procure the Indictment:
give formaace Tss a consummate nate yflia;oous ope,
Iney and that it Has an out and out sElndie--a
hearted operation; he repeated these ass:
7e be seseta! 1t4ss AID Bots5oId and W L2nl y,
mat present; hsd % tnttoduct1on to the ~
1ccasa were slao pteaeat; there vas a {
lcSs ~ expression On all hands thst It WISE G
pao- u1atc bwiodle on me Mr. Ward kept pretty