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

Lewis Davis sst A J. iiactey, n T. Hope aud Controller
HssN
judge Barnard stated that in regard TO the object
ion to the introduction any further sdsvs he had
yrred with Justices Of the District and had concluded
thst would proper permit the pf TO Iut In a5davits
In contradiction Of explanation ofauy matter instituted
By the defense defeuse would have tie sh: also at sny
time during the proceeding 10 further answer The adahon
sindsyite. ,,., c
Nj Edwin Jane. then proceeded 20 read additional si
dsvit OF NJ Lewis DasIs, the pla in thi. action
Mir DAVIS that tho contract with the city w made
Feb H. 1851 aud the reduced 20 writing Feb 70
that ser Hcles lad asned to him one fourth Interest IN
the Hopes share n the contaot and cepoben be
shat before tie making and awarding Of the contract
JioTes which the latter 70 assist bsesl,y 70 @
the end thai the sad Thonas and Anthony
Hope tdvauccd Of $4,000 for the puTposs OF Illegally
coupy procuring the awarding OF the SAID ccntrct oy
the Common Counc that when hachlry Transferred hl-
bere depOue1t haG knowledge that any sum had been
adyeuced by he Hopes ier such Illegal AID corrupt Iufpoea
that he made the agreement with hachley without any
Of sum having been acys crc tlst coponeut
- - ~ 'b., a. Iior.. b,v. sors ,,.n,spt
10 transfer tne inerrsi 10 bh YeyeIton by which the
TO pay TO he ope, the SUN II F3cv month
until tie iudtU;sdaes of The contract to the Hopes be dis,
charged which the profits socing under he contract
to be tue properly Of bish ievciloDi ii The pay
m,nt u that per olth Includes the % go aivanre By
said advance sd sss an Injunction 70 b. Esnt,d and
ceer appointed 10 preyen, ,uch improper application of de
made by the Hopes une,o TesaiHcd b. the Cour tet The
Hon Beij Wood 20 whom th. ys.iou, seainontEly rsy
ley has received uc Payments account Of dsPonen End
or his and IN pnusnes Of the eoutac; made between
acc inled with e Hon. Benz Wood who scied a hanacT
and keeper OF the money Of depouent a s a. scc9uu
current III re nature o! olnk account With hI ID vsnoui
rsernity transactions in which depcre't 10 engaged
MI Jsme 'aled that in rsssId 70 the 'ts nn insde 'e-
4. ting OIL Mf Fernando ood lie lad adyiiea h not 10
condec.nd to make any answer wha,er sd h. bad up TO
hi, time s-,s GUIDED by that sdvee e he Ia The ni-Y
would to the Court as bearing upon he Allegation n'
,..,h a.. L. -. f~tf.f fi..L
the Of the Mayor the time of the ufGius Of The eou
sct such Clerk Il hs otty 20 supeunieud he
he received oil coming non bs ConsIoier 70 b.
counepusd by tie Mayor r the Pymsut d money end
and sltO msds memor4nduin 81 e,ch "Afant copisnns
the the parties in whose favor he said warrants rr-
drawn &c that depoment iIequrnty presented arg num-
Der OF warrants e, time amounting n sine day 10 over
hundred; thsi the business Of 'gung the waeni neee
siy occupied tie Mayor coridr rsbe time aud rquenuy
PEELED him 10 take the 10 hs house % be sred Il
the evening Dep3nsn .rsmbef. nsny warrants that Tero
but does rocolcct single instance In hoh the Mayor
delayed Withheld his sinsnstus nom OF aid Hscs
ar1nts during the period when depoEen made tie ssd
memoranda nor At any other time aud dsponeht is con
hdent that II any sech aeay 9. ieu'a 70 oour..', sh
warrants bad occurred lie would have remarked the
Nj lame, then resd n. .Hdsyit of Benjamin Wood who
ays that for many years he hs been scqusnted With Lewis
Us, and had pecuuiaiy transactions with him thai be hA
b,sn i the ab Of moneys Of Dayis and
acting banker n pccunafy ussctons between himself
aud Davis ard keeping such moneys for aud Gu sccounI o.
Davis. and settling such secount. periodically between them
hst Andew j. bsckey ned assigned to the said Lewis Davis
oueoufh share 10 the contract FOR cleaning a. streets
n CIV Of New York that in yursueucs OF such agree
ent hi. depon.nt he. received various tcn monthly pay
ens Of so each for and ON account u the sId Dss aud
fuene Of any Kind whatever directly indirectly with the
Hon Fernando Wood the brother Of this deponent who 81
~ f o tbs gntins OF the contract was Mayor of the City
OF Newly oIk ndace hm TO award conhn the contract
10 tie Andrew aekley ard this depou,nt isrer do
he used any influence directly or indirectly to in
duc the sid Fernando Wood to dsay withhold his ,inA
lure 10 tho the Controller for the eHt Of the
eni monthly payment. under the said contract ith the
interest In the said contact for any puflo.e whatever
M James said that t-.- all the shdsvi,s excepting
that he snoud the right TO put IL further affidavit
alive statement OF Mr. hsckey that tho contract
although usde with Davis by him wss d.eT"srd cancelled
Nh Hsfk.y IN Lis affidavit admits that on or ebout the
18th Of Feb 0o the contract was made IN which he and
Lewis Davis named parties Of tie character described
IN the complaint which contract ant agreement pro
posed induced arranged aud contaminated by beJaln
Wood with this defendant Iskey without tbis defendant
AZ y time seeing knowing the plaintiff in this scon that
40 consideration received therefor from ssd plain
l before tine defendant had contract from the
MAYOR, Aldermen and Commolstg io clcEnii the streets
nackey further swesrs that on ApI 10 be and benann
ooa bogted SUD cancelled the Of Feb. III the
Wood produced the contract aid agreement showed II 10
Hsckey and sd he then and there destroyed the contract
and deporent believes he did de tsy L. Deponeni denies
c PAID any moneys under the contact o Las any
NJ OBJ ected to most Of the contents Of the sd.v.
Of Davis Aud and Wood irIesgsn ins,tog that tho
ouy new mater IL the aeay OF defendants sad
vt wss the that the Mrf,T Hope know nothing Of
Davss alleged ir,es and shat If thoFe such interest
the scoouHt rendered might bo cal ed hos n'a'ler
I James repJ 60 the latter rensIs denied th.i The
10000 originally adv Anced could be set up against the pfohts
Of the act as could Oe poVen that TIA, advance was
FOR m iuegum.ie purpose and was "hVu1 tS nio".ese
Judge barnard ruled tia, the matter relating to the $1,000
,lod be stlicl lie would not con,tor tat MISTER,
II did not 70 have anything odo Win the ca,e
one w.y or the other In any event would appear thai the
Ie,.p Hope b,d advanced 5000, Which the ,roh' had
NO Yet been urieient 30 repiy.
Mi T. g. clss representing anthony Hors 'is.eS tina,
the Htere.tf Of bis Client were idencs "h th5-o o iho
Hope, 10 was r.ps-en,ed " ~ blIf ~. i.d ina
T BRADY unable 20 attend he should 20. attempt TO
slsae ne eus.iion bnt would h,Id ho 'set7 "a. pG'n
liI. James then comnleucee the tisunsm ot tho itn
o remarked lat great des Of pu0ic attention hia been
interest ILe point 'no'ieHtisiy was ihi'. s.na PHtJ
dny ntelested lus contract u tbs rsiuo dtsdt betoeh
moneys received Or Tie sosisining e receiving oi moneys
IS other joint owatr' ~ ApIeSi, Iet s,A' ~ W.
gisuiee nackey, which vts'uDo'ided ipo oni parts
shgg which bot unusual, AID "hie3 be had Ge 81
iisht and did do the subciyon pehG on" fHscf '
sckey qraftsr og DAVIS, sHd tne IonAdtI -. the
liz PEE Thce isros, sfterwaId a'siHed and 81
naed 10 TIE ,si.nsut o. MI bu.i ta, theio uyS DC 90
ss.gnient under ne eOntsct ana sflod "h. "Co bc"r
o. TIC HI. Burir ccns rce they had eciisiS
sssusd t ,ae L. reference 70 w, apisaiJn io sh a.
c,lon snd receiver h1 Ja-s 'sd the Jort onnershp In
eoolact Lac Ls a n, JOINT o"e .hp IN lo OF ssAi.
oost, could be shown by snthonhe,' huy eLu
a. sggreyed owner 10 apply Tor an hjghchon
sud roc,i,er. ILi, dlspuis Whether tie real interest
was I Vi ood DAVIS, amounted 20 NOTING because
lerly and tho Govrs syeIfei inouuson Hpa belief
alone that Wood snd 10. Davis was the owgerof the share
v -rcss D,yi. and Wood bolh positively tst Davis
was ,ne actual thereof lie guppoed wood he'd
made th. sppeson would have been .sse sd hs DAVIS
.gcs tie owner insnuated thai wood sn TIE
owner The that tue ether ON ned TINS share wAs
established by the dcioadans having raid UP % peceecf
to Davis sort OF compensated sum Tor pouis
sLd to the aCed ey winch tho Met.s hVis
con-te ted Themselves trustees without tbe consent OF oci
GOD o. Davis only 10 give vadiy 10 The coatI.ei
between Bacssy and Davis And under he contract thus
recosnnrd the bes'Ts Hope psy ~ part mus sv'I. me aa
vita iy tie claim j. tnsei 10 Sc al llIh .0
should be granted because profits had been fccaNed
On. plner DO. compelled e sAs the mere ~ofd
tno,ier. But unless actual account was rendered part
entitled receiver to establish tho sctuai con
dition Of adairs he had thus shown that there
hrs Joint contract; eeond jot interest Ied, alleged
profits which had not been properly accounted for and he