The New York herald., 1865-01-10

che .hoaay Oi.asss that were rsiss.sd n New
TO the complaint for thsss successive bek put forA
With great deberatton aRde the defendants dgnatuss
Ia Aournal Of large and influence The defend
he claims 70 defences-girss that the stateens
true second, that he provoked TO make them, and
these three deiences forth with all gravity, there s
not particle Of evidences a % the two last The do
saa did NOT evss % os him
sef witness 70 prove that he made any Investigation
inquiry 70 ascertain the truth Of hs charges before ss
damages ihs deGsadant shal suffer for having made
% with the proof They may Be- divided into four GLASSES
First, TIN alleged misconducs in respect 70 the claim
BY the rioters In the destruction Of the arnoy socond
the alleged misconduct In respect 70 the appontment q
sH %
the alleged frauds In sales Of amy clothing 70 the gov
ernment We win begia With The claim for
1t would not bs easy crowd nso the number Of
words greater number Of fasehoods than contained
read il again. and compare il with the proof First
Weed says that Mayor 0pdyke wss by virtue OF HE
oam was TS, un,ras swOry word Of
The Mayor was not by virtue OF his Office, member OF
the Board Of superviors Of any Of s covntecs he
not not member at all second--Weed says that
aOpdyks discaimed any interest in The gun
sa1 tim. 1ss os usao1 I ~ csss: ssnsa
an interest in IT, ON the contrary he proclaimed il on
proper occasions The srnc called opy5ss
his the account Of It's destruction given by the news
papers tho day after The Of the claim and bis
anherty Of Mr. opdySe himse Tho eay she Claim
was presented Mr. Purdy, OF the Supervisors was
COMMITTEES. Ana when II was called up Mr. Opdyke,
being invited to attend into tho ROOM and excused
himself from remaining by informing tho whole 70 q commit
he could not with propriety remain Third-wced
says that "Opdyke sat on tho committee investigating
false Fourthy-wecd says that aAr opdyke refused to
divide profits fairly; and Mr. Mcneil, member Of the
n sSs s5 sS s gs0ss
three falseboods in one sentence Mr. 0rdyke did not
refuse divide profits fairly he offered all the profits
q suit; Mra. Mcneil commenced one. II was not for
sixth part Of 100000, but for about $40 ooo vii
not stop TO observe as an evidence o. Inc ss rsex
that though the documents showed the amount
received from the city 20 hc Sl9e Co ne cared 50 little
for accuracy put at $4,000. Fiftlweed says
that presenting this claim TO the supervisors Opdyke
declared thst he had no pceuniary interest in It. Ths
is every word Of it. false. Mr. 0pdyke never made any
TO the Supervisors Six-Weed says that 10 answer
ing McNeil's complaint, Mr. opdyke AYERS himself the
answer seems 70 have been given 70 Weed,
says, ''ths therefore, is Mayor opdyke's posi-.
tion: 70 qualify himself 70 act impartialy ana
u
he discains being interested in the gun clamn This Is
false lko the rest Mr. Opdyke did not qualify himself,
attempt 70 qualify himself TO act on the committee;
it has already been Shown that lie did not disaim being
interest in The claim EighshWeed says, that before
the claim paid Mr. Odyke had repudiated "his own.
ership the largest sharen This too is utterly false
Driven by these proofs Of his falls shoods the defendant
retreats 10 the claim itself cries out SWELL f did make
all these false accusatons nevertheless the claim wss
true defendant cannot justify eight false accusations
by showing that ninth liz true We viii, however pur-
him into this retreat and see II 1t will shelter him.
What he says In tho bes about the claim itself Is con-
tanned In these two sentences ono ia the first libel and
the other the second t IL alleged that S26 600 re-
cevcd from government tho contract forgot
ten In making up the claim against the city" And Mr
I.d 's to sne on which
there ts . large swindie" You may observe, by the
way TINT he has got the amount lite rser Sc nov
correctly. At first he gave II as 100000;
week after he gave II as sioe goo; m perhaps ~, p.
SleS 700 Here sentences one OF which puts
the defamation in this form, 't 10 alleged that sco 600
Is large swinden These charges are not 70 be justi
aed BY proving tina. somebody alleges one thing and
libel another in this cowardiy The truth Of the
thing alleged must bo proved Thus regarding these
chargss viii consider @ them together They oesn Ss
first sentence is Intentional forgcsfuncse Tho
word the defendant is obliged therefore, to prove
that the claim ID Illegal, unjust and fraudulent
swinde Is gross cheat accomplished by artifce The
defendant must convncs that the claim s not only
So and procured liz allowance by gross artihce might
content myself with reminding you that every person in
tercsted in the claim every person concerned IN getting
IL up every person voting upon st. supposed " was legal
and just Lonesome Of the defendants principal wit
suggested it, and decares oath that he thus
and Just, and mado upon the correct theory.
Kecne--another Of the defendants witnesses.
swear to Il til, he was blind Parei the bookkeeper who
made II mp, swears the Eane thing Mr. Farce and Mr..
Opdyke both affirm upon oath the same opinion Would
4 tt1aif efarab bA rn apdr Ii fly IN
plentil the OF having designed tho preparation
Of fraud # the claim should be pronounced untcns-
lenge defendants counsel 10 try tins claim as II
this suit against the city to recover II; and
recoverable but THAI il was less by large amount
than might have been justly demanded and re-
covered 70 'hs point dsvesea OF a., Other e,rSn cum
Marston made on tho LIST day Of December, 1862;
the property was appraised BY two appraisers one Of
of X NJ Hce Co IL amounted 10 500, 1s5 02, which
about $4,000 less than Il bad cost Mr Marstou.
Mr. Farlce paid SOL l5i % for the whole or this pro-
pety there remained at the time Of tho Dire t67 oa3 81
la value estimating II at the same prize which had been
paid to Mr. Marston Between ist or December 1862,
and the lsh OF july 1888 The tme when the property
was destroyed there bad been aided machinery tools,
fixtures &c, purchased or manufactured amounting TO
$50 $50 SO These two sums made $e7 p2o az which are
pu. down the total value OF tho property exclusive
or the carbines manufactured and In process OF manu-
nve hundred aud thess, put ii The price for which
they were cold 70 the government, that Ia s2i TO-
amounted to si2 There were Ave thousand and vs
hundred carbincs In the process Of nonufsGure, Al It's
different stages; como Of them, the most advanced
with all their parts complete, and ready TO put To-
ecther and others, the least advanced ell forged and
inspected, but not machiHed. The principle upon which
the claim for these unfinished carhincs made out,
70 charge them At the price which the govern
ment had contracted TO pay for them, less what II
would cost 70 finish them. Thus estimated, they
amounted to ses,c1 The claim, therefore, consisted
Of these four clements
The machinery and tools bought Of Mston .907 COS 81
The machinery and tools subsequently, sc-
cU,eoU %
Tho Ave hundred finished csrbines. ....... 1850 90
Dines.. ss2is %
Total. ....................... s2oe <es %
Doluctng proceeds Of sale Of dam
aged machinery ry.................e2U "a %
And adding six hundred and ninety.
six bullet moulds. ............... SeS %
- i,ssl %
IAft tho Total claim at......... a e0o7 00Q n