New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-12-20
THE WEED LIBEL SUIT.
Testimony Of w. II. brooks, Amor J. Will
Iiamsen, Hobt. q. Hutchings, Elijah
Purdy nnd Smith Ely.

for defendant: know Mr.. Opdyke aud Mr.. Mcneil;
procured the gun contract In question rom ne bo''
eTnmcnt; Mr.. Mcneil was with me- IN Washington
when made IL represented the patenteesj the roy
atty was te be paid 10 iGe, the,l Representative
q. On the 800 which were male and delivered to the
Government what was yoar royalty A. In the oTlgl'
nal contract the royalty 81 30 on each gun; tho
contract was for lQo0O guns; made IL with Mcneil,
ss ageht Of HcndricksoD subsequently that contract
was turned over Into another; the ryaty was then re-.
duced To s. 90 alcr tho first contract had run ont
bad II renewed and ~ consideration " tle renewal
had 10 reduce the price s the first 800 delivered
the royalty AZ ~ each, amounting 10 S,&O; on
the balance. $3.50 guns the royalty was s. ~ zach.
smOnntng ~ s242J making s26, lI5i under one con-
tract tho royalty vas due I'd when the GoVerhmeht
paid for the guns-not ill then; my contract With We.
Neil was for 1000 guns, after the fire occurred The
remaining 900 guns were not made; never got any
royalty on these.
| o. How much did yon receiver A. received sll.
O6s royalty; 500 If this received at the time Of
making lie contracts subsequently received 81 DOC m
money! received the $3.50 from Mcneil the s2Oue
1om Mssiels; subsequently, received $50 from Mr.
0pdyks but that not in connection with this gun
conlrnet; wac private matter but merged into this
finally. 1t vas payment the royalty by turning
debt between Deductlng from &2t 10 tue sum o.
Loo paid leaves SIS l07.
a. That then was the amount that yon claimed the
guns which were paid fort a. Yes If the guns had
been delivered 10 the boat; this does not include the
900 guns not made saw Mr. Opdyie In relation to
IT, had hot much 10 say To him; my conversation was
mostly With nr Farley my first interview was win
Farley mot him once or ice OF ms once IN all 81
the purpose Of making settlement with them think
il was in November 1908; knew the City had paid
Jaw it In the papers Mr.. Opdyke wac present shot
time.
! O. What was there said about its being losing or
gaming InAtter A. Ii was NV impression at the time
made upoB me by the couyersation with Mr.. Farley
that IL not losing matter, II was not making
matter. This conversation occurred at Mr Opdykcs
house; Mr. Opdyke Was not present during ali OF II;
was oonycrsing with Mr.. FARLEY and AIR. Opdyks came
in tho latter part Of the evenings after he We had
III % asy
the circumstances, should receive $1,000 ~ consider
alton Of giving up the contract aud not oOgns theh
20 80 with u; they thought that was too Innc; the
reason they gave why they cannot pay me sl0WO
that the money was not made we parted at tnati
subsequently called ON Mr.. Faree; he offered me
100 ~ anRul the obligation between ur, which ao'
ceptsd and got the money Dec. T. 1855 the CON
tract then anDulsd and think handed II to Mr.
Farley.
Q. When you took the 5000, did Farley or oPdyte
tell you what they had got from the city A. No.
they did not; knew the published statement Of what
o. Did yoa know thu, they had been paid by tho city
Oh lie basis Of the same price that the Government
would have paid they had been competedi A. did
nol for the e. 600 / gave them release In full OF
everything; that Is al got; represented tho whole
O. when You mads this settlement and received
e. 0 Would yOn have done that II you had known tha'
they had received from the city the same basis ~
though they had delivered the guns 10 Ls Government
Mr.. Field objected rs immsIerial.
Mr. Eyaris said " offered to exclude any conclu
sion that the witness settled for the royalties knowing
they Lad collected them from the city.
The Court ruled the evidence There Is no point
in the libel that implies that Mr. Opdyke has cheated
the vitnesa or vrungod him
+, ~,,rs-aramined-The gun contracted for a very
good ggn--luly worth all the Government gave for IL
can't say " Mr.. Farley thought he Was at liberty to
stop making the guns when he pleasedj thought the
contract ohig ed them to make the whole ten thousand
do think asked him Ia go on after the desirue-
ton If the building; told him expected he would ~
ON aud finish il up don't recoect hls answer: know
ham ln OLE inns he
had no conversation With Mr.. Opdyke o. Nj. Farley
abort n; did not know ts principle ON which II was
made cut: thought had nothing TO do with IL the
whole contract should have been completed by the first
OF November. lst3. / think claimed from Farley at
mo the royalty al the guns charged 10 the city
saw the number charged In published document;
saw how IL wss made out before got my pay.
q. Before you went 10 Mr.. Farley you knew exactly
what Mr.. Op-yke Lad got and What he had got II Tor
A. Yes sir.
Re dlrcct.-Q. D!d you look into the agreement
| enough 10 know the principle upon which 1t was made
lupt A. No sir; did No, know the details saw the
same IN the dpcumenf, bu. did not know how LEY
rived at IL iIIook shown witness by Mr. Field saw
the details "a iar as they we're published in this boob.
before GOT ray pay. Account on page read in evil
dence from printed bcok.I
defendsn,-I have been acquainted with tie plaintiff
sii years. during the Full Of ls6l ] saw him nearly
every day; for the ,st three years hayo seen very
little Of bin; have known Mcneil very well for ten
years. have him almott daily foI the last three
years; thoge tine when supposed Mcneil was
intimate with the palIIH Judging irOin what
heard him saw and the fact that be brought frequent
messages 10 from the PLAINTIFF was mt other times
cent by Opdy he to communicate with Mcneil Opdyke
was run f0r mayor In 1879 and defeated AID in 1901
and elected; Andrews took bis place assryey0r before
Opiyke elocicd some ten days or two weeks prior
to Andrews getting his appointment met Mcneil
about oT 10 o'clock In the mornings he said To me- that
Opdy Ike desired me 10 20 with him tMcNci) and zee
ndreWs that evening AT the corner ~ Twontyhid
ST. aud Broadway, inquired what the particular bust
ness was; be told me that Andrews was willing TO 10
ll,.., llpV Eg In 4u
cat himself in his behalf for the purpose Of securing the
Office Of surveyor OF the port Of New York that he was
willing 10 raise $1,000 out OF the Custonhouse, and
Opiyke desired NE IN go VITA him and ASCERTAIN
whether Andrews would fairly carry out this PROPOSE
ton; In consequence Of that meeting won't to tie
place; 1t oyster saloon We went into one Of the
private rooms-Andrews, Mcneil and myself; believe
the first thing In order was to get bottle of cham
payne; after taking tor while, Mcneil said TO An
drevs, IL Is about time now to come to business;
had no part the conversation up TO this time he said
:. Now understand yon wiling. II Opdyke gets
YOU the Office Of surveyor to raise 900 ont of the
Custom House TO support his election for the Mayoray
ne.t Fall !" Andrews SAYS "Yes." aud not only thai,
hut he was friend of Opdyke and would do everything
In his power to secure his elcction-raise even more
money ~ IL, do anything that he could do.
suppose We there about AL hour; that Is tho sub
s,a,ce after the interview over. Mcneil inquired
whether was satisfied; told hi m thought Andfews
would carry cut he seemed 10 he very earnest about
\, and in good faith he then requested me t. call on
Opdyk Ike nett morning. and tell him 1t wns all right.
o. As you parted at the door what was sadf A.
thing parted IN the saloons have no recollection of
ANYTHING occurring at the doors In the morning called
ON Opdykc; found him In his private office ct the
storc told him had been TO SEQ Andrews. ms ] un-
derstood at his request and the matter was entirely
satisfactory, believed Andrews would carry out in
suod faith what be proposed to doj he made no reply
that 1 recolloct, simply yes think he simply
quietly bowed his head (making 9 notion; do not
fnow that there anything to be said; somewhere
about two weeks after tha Andrews came 10 my Office
md said he had got tile appointment and thanked me-
for nv supposed agency
Q. What did OPdyke say. II anything, in'regard to