New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-01-10

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he venture. upon one. he viii get Up to sis9 100
Hero Two sentences Que Of which pms tie deian"
tlnu in tits form il il alleged that e2COO for
gotten and the other in thi, Gibbs says there
large swindie These charges are lot to DO 1nsthcd
by proving I'll at somenOdy allie. - thng and Gibbs
say another. The law does not allow man TO hbei
Gnother-in this cowardly nanLer. Tie trLth ~ the
thing alleged must lie proved. Tins regarding these
! charges VIII consider thea together. They both
chnige fraud. Tho forgetln,ness mentioned in mo
first sentence is intentional fvrseituness. The
w ole the defendant is obliged. therefore, To prove.
A. that the cllm is Illegal uniu and f.audul nj.
a swinde is gross cheat. econ pished ~ nrt.Hce.
Tie defendant must convince yon that 'he clam 10 NOT
only Illegal and ur just but tLui the plaintiff know thit
il So. and procured its allowance by gross sftihee
migb CONF ut myself with reminding you that every
peron interested Ia tie cam ever, person concerned
In getting IL up every person voting upon ~ supposed
IN vas legal and just. LONESOME OF the defendants
principal wtnc~ses-sugie aud declares on oath
ih-t lie thus considered H. and does still consider ",
Lex II aud list and made upon tho correct theory.
Kccue-ahoher OF the defendants ui'nes>ss--gyes tie
me orini n ard ssys he would t. 1t TIL he
bind. Psr~t the book. e'prr, who made II Mp sas1s
tic s,me thing. Mr. Farce and Mr. Opdyte both
affirm upon onh the same opinion Would u not there
fore. be unjust and crno 70 tx upon The plain,ia 80
stigma 81 having designed tho preparation OF fraud
even II tie claim should be pronounced nnten"blet
But will not stop here. will accept the Challenge OF
the defendants cuuussl t. ty tbs claim II this
were q suit against the city TO recover IL; and
undertake to show not ony that the clam was Oil OF u
recoverable, I'm that II vas hss 10y itGe amoint
To this point Invested Of AL ot4'f ofcun't!9ees
now invite yosr attention. Tho purchase rom Aarston
ace on tie Isl DAY Of Dccember, iso2' the prop
eIty appraised by two appraisers one ~ Nho was
Nr Cclby a member ~ tn we'll known firm ri X NJ.
iioe Co. II amounted TO egg iJJ o.. which was about
sloCOO les. than II bad cost Sir. Malston Mr. fns.e
paid Sgl, l5i 90 r the whole Oh tlls property taeIe
rrnan,d ut te lin, II tho nro ga 0jJ 81 ID value,
c-irn'i; IL ut tie Ire nice which had been p,id To-
Mr.. arrtop. lriMcen tie Let becen.SeT, Iso2, anu
tho irh Il July. lst3 the tlme whep to properly W
,.asioysl there Lad been added machinery, tools hN'
100 s., BL CHASED " mnnf.cicEel GfuouEting 20
s'Ns.G 2 TiCfe Two SUMS rnd" 1923 ~. which
is put down RS tic total vUe o. the pIop.1y exclusive
ut TIE CGTsines NAN ~, turrd ana IN process. OF n Lu
ficurr. Tic nan Der OF inuiictured ca bi es was
l,e hundred: AID these put nj The price for which
ter were ,nd 10 the Government that is s2i "a.
amounted 20 si2,: 60 There wee h,c t-uu3'.d an
live hundred caTbGes 10 The pTocess Of nu!actne at
different stages; some ul them, te most Gdv need,
with al their prr's complete Ira - dy o pot leg t"r
ard Others the least advanced I'll forged and inspe,d
but uachned The principle upon which the claim
sr these Unfinished cnibites WIS made cot. was TO
charge them at the price which the Governments Led
cont acted pay for them, les Want II NO III cost To
Goish them. 1bu''sImat"d. they ain", nied TO sel3'
The claim therefore sistCi 81 Aesc OIr q 'meDtS
The machinery al tools hoogl IL Nnrston s67OJ3 81
The machinery Snd tools subsequently, nc ., %. ~
TIE asc iundr,d finished car bne.......... iq55J 90
Tho s 80 unfinished carbnos.............. 9s@l3 90
Total s2cs 80, 80
Dedactins proceed. Of sale Of dam.
AGED machinery .S2,2lf -
And sldlns TO bulletmold'. ~ % -, 40
Ien,h. ,ota, e,.im st............... s2O7, go II
The Supervisor, I,dnoed tie amount ~ tax
AID awarded. ~ W
TIT, claim ~. been nitactel IN two respects First,
IN respect 10 value the tools ana mckinney GAd
scond in rcspoct 10 the value u to Unfinished car
b!nss Ii has Mt been alleged that q eio was any
error IN tie n1nbc. end knd 81 the articles charged
A. DESTROYED. but IN 'Eo values hnlNcd ~ them.
Her. Let IL be observed A. the outset. tbst the libel az
"a led only the claims for the uuhui % cnrbnes The
defendants article 'IoAe VI tho claim Tor damages
su.ta ned In the destruction 81 IA tLe process OF
n,n1'sc,arr" lie could therefore. have had no idea
at thrt time th-t there was anything wrong IN o ss
ue q. the clnirn And down 20 the iTihi nrihor
he nor bis counsel rppeifs 20 have hal any such idea
Tho tnior oouns. 10 his olcniu6-tAAt INDUSTRIOUS tesue
OF aggravated hbcltaok occasion 70 sY expressly hut
the Transaction between Mr. Opdyke and Nj hir''OA
an LoDest fair, aud Jus' "h"' it''s'us 10 "A''
been reserved g. tie hran, genius Of otver 10 aus
cover ~ oouyipcs iced snd MS ,oHhs.! tiat the
Transaction wGs dishonest, unfair ahd nnl.t but eI
s co" &r -, taiby VIVA is s n 10 m excellent
Iudgu eut all tho tools prrchased ~ Aarst'r' -ad
t.sles ~ the of the value put upon them
lie also tesfst that the machinery ves valued at its
cost the balls being exhibited Ia tie appraisers and
the 4 dcTent artcl-s verified - tcing o. hand ana
IN good order. ~, ts'!mou, VA thss respect y cor
ruborated BY That Of haistcn. To GlsprOve ~
tho dr.enaan. brought forward THE Stovs.. whose
character ard the circumstances o. his introduc
Lon into the viii DC cOrs I"rcd hereafter, ana
whose testimony an this point failed altogether Ho
declared that e.glt dfcTcat articles ~ the nhchneiy
I we've houyh, by Mastoa ~ him NJ prices less than
tho.e charg.d-thc difference cu tie whole being two
hundred and tsentycght itllar-. The b"ls, however
were ~ oduccd ns,t day. and tLoy showed that slower
stiou utterly fase. Hc ta.,iici further that
CERTAIN otler articles which re DID not sell 10 Marsoh
were oyeTchafgsd. Ho could not know what they
were sold for lac Ga not sell bnt us estimates oi
tho prices proved 10 be ial-c. His estimate GOV
cred only eleven items ont OF several hundred. aud
seven IL tho eleven. II his testimony were Trustworthy
would make only difference oi $50. Inc other four
items specified were tie machinery. patterns. &c, IN
the siocking room which were charged At 9ty9, and
which pc say. ought u bo charged at $1,000 But he
WIS not particularly acquainted with ths room having
been IN IL only one, or vice whhc air. Colby exam
inrd every thing In II oa!uly and ?ut doHn the price
accord ns To his own knowledge at 1909. HIS test
may Is corruburated 10y thgt Ci hIistUn. Paret and
Farley. TITS should lie enough - PIT he value q,
! the things In the stocking loon beyond dispute
Another Of tho four items ~ fer wain shafiirg
Including puileys and hangers which is charged at
tsi id which Slower say sAcat hn.e leon charged
at $40 But IL appears that be himself cold less than
halfof Il. and Mr.. Narston, MI. tcoy and Nj Farley
oil testify that the whole cOst l,tel To- The third
item IL or putting Wy and adjusting couYeTsh.t at rs
machines which Is chai ged IA. 49, but Which S'oT"t
should have been charged a, 3 machine. making
according 10 lis computation $40 lis -'imate If ~,
false as bis arithmetic according % tie testimony 81
Mar.ton, Colby and FARLEY There can. therefore, be
no doubt that al the toos and machinery specified IN
the claim az having been purchased Of Hsiol were in
the building whsn IL was uertroyri aud hat Hr Far
Icy paid f them no. only .l thai - charged but much
more We thus establish u" icstlce ofthe clsm 10 the
extent Of tie StZ D9AJl Let us rcy z, ~ tho next
cia:s--tha, IL. hs tgoi' sr4 Sash..Yery pnT:nYs!
and manufactured from December !. .oO~. to July
H. l7oJ Il yi b. remembered that AL tho books
and papers Of the establishment except the cash book
and ledger since found. we're burned in the fire Mr..
Farley tho proprietor. nv. kosne. the superintendent.
aud NJ. Paret, the book'.e.per were. therefore.
obliged 70 mako out tho list partly from memory
from the In the buoy They did