New-York daily tribune., 1862-04-24

yhou. secuy The fDtrs aocton OF Bhsh Yeiyertop The
sde injunction far would
seem that by this the Hopes had opgh
their hvesDept Of *N,tec nninovp to Davis or Wood
whom sought slso TO bind IN the Arrangement The
,he Hope, and Bh and ysvertob were responsible 70
Davis Mr. James concluded by fsceousy slndiDg TO the
suggestion that brepssbe injury would result to the public
ner-s this application were granted and suggested that
.oa heb would simply debsr the Hopes from receiving
t.es $40 eco sdysrssd g. corrupt pOe3e' and wSes w0sa m
sS.sSs. nc o fIs also ca. IL T. B. Smith
2sJ How l65 20 John, 6z7; Edwards on Receivers, J
Mr. 4 B. Gsrvn, in behalf Of Andrew j. Hsckley then ad
dressed the Court IN opposition TO be motion lie briefly
nd uo with Davis aronsh the name Of the latter used
That contract sbossed and In the contract with he
Hope. Woods name wa. nseied with tha. contract Benz
Wood the real party In interest snd not Davis and Wood
received all the money did all the business and tooA all that
had vet been made out Of the contract by any one.
Mr. H. ~. Anderson Assistant Corporation Counsel Tor the
Controller stated that be- had been requested by hs ocer to
submit, the Court only few remaIss TIE Controller was
made party to this uit although in regard The merits and
rights OF the parties he absolutely DddnIent but a. TO
whether be shall be made party in sueh nit this case ne
considered important as establishing pecedcnt Ihee hsa
been where objection being being nude 6y on
Officer such officer had been made party Under Mr. thgSs
sdrDni'us.on the Controller had sometimes been made
party, but there ves no objection waswrong to emDar
officer OF the City Government by such proceeding, and
IN Injunction should issue egaint the Controller
rrop,sd IN Tins case could not oe made % bnd ~
in office and Injunction s.ued to-day and the
CSnoer ressped tomorrow ihe etest Of the Injunction
injunction sgains, the Controller might be dened
Sir james Ia closing the for the pseth alluded %
Mr. hsckrys relation with this contract aud expressed his
that Mr. Hsckey should deem his good sp-
ponuuy, had been intmatod, place himself Tst be
fore the public when the Grand Jury had long since sfoded
him plenty opportunity 10 EXPLAIN and when be had re.
fused open hi mouth In his veiy pr c.edng he had bad
chance explain had b, that $40 Geo.
but h- Trcent ia this instance he before the
Grand Jury The fact that the Hopes and not Haes,y
real parties 10 tEis The asciy OF the
Hopes had made Hsckey mere cipher IN feet Hstley
bound hand and oos By h. indebtedness to the Hopes
lie was excluded from participation In tie bonehs Of the
debtor Of the Hopes 10 the extent Of $4,000 which sum was
aeg 10 have been advanced 10 crry on the business the
contract That allegation h. insisted was positively fo
Mr. Burr hsd extremely ably srEued hs dc OF this
but unfortunate that the other side bad been compelled
concede the proposition thet shou gh there ccU
Of ordinary psrtnership involved s ii there
join. Interests beyond ordinary partnership, the
application for Injunction aud Proper IN
other words joint interest would entte the Court 10 inter
fere and the uutbIss showed that receivers were appoint
IL such THE joint Interest and not
snP P us,.'s ,"e bIs oI srv of the II IL
were partnership, such itfy mnst exit Now Il seemed
that IN this party n The Joint interest received all the
money and euted 10 account 10 another Of the parties for
pgoG the party receiving the money sisting that tain
ndetedne.s namely the 5000 bal s"slo~sd up I'll the
bSrS or Wood knew snytbing Mr iisckey he sai was
man Of honor Then Why had he not explained Whist be did
Is Bur here objected th, i-asmueh ss the portions Of
the sidsys relating to the 600 Lad been ruled out and
lie defendants not permitted 20 show wet really had been
done vi,h e money ths' such remsrkp unrof ona
sud aslstd % isIe.d the outside public and should
hC che.kfd.
Nj ,.yin so objected 10 the discu sson Of that subject.
Iuds. Bamsfd said ~ upposed the counsel bad based b
upon what NT Gavin bad sad OF air hAckleys
sad Of nis opportunity T. explain himself and there
ha supposed Mr. Jsre.s to be proper As 70
any per-on outside Of i. having snythrg 80 Dc h it,
would tha, user which lay entirely be-
tween the Court sid the counsel
NJ James said h. would leave that branch Of The case
although before h. concluded he would 1t fron tie
dcicdans own sweT. lie would not discuss
a.. VITA. proper b. ne 10 of ordinary part
neip thought he had established that this not AZ
ord paItreshp but be would argue a. lie thought "t
done suCh special ~ this seemed 20 be
Defendants made great point a-ts the probability Of no
c inteTsst. suffering la th motion should prevail By
the Of cleaning the streets being stopped He would
~. able friend M Anderson, that h- very object OF
proy0,ur 10 restrain the Controller to tnsure the WORK
brg carried ontha. b. they wanted 10 make th. Controller
the c-poary Of the money subject 20 the order Of tbs Re
goud bo sppohted 20 carry tho work on They
only asked for Receiver until props accounting could b"
obsh ed ana the Shts VI the Planh were Ie'
-,or.d. The rrceivershp woud cease
JulFe BEnsrdTko effect would he to msks 'he receiver
pesurn, The would ot be reached Ia TIN. Court Ia
Ices thsu hvs years. IansherI
MT Janes-iu -ix l0ur ailer the aTpoirtme of re-
csivor justice viii be rendered to this phhf. This contract
rd really gAlied the Hope closs-d with m
drbtedfes. co. How II hz0 bern thus cOgged
sppssr bt< for what purpose seemed ss though even
criminal tribunal could not discover.
Tho Court here adjourned TIL Thur,dsy, .lOo'cloek m