New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-01-06

fRlCE FOUh CEN I'D.
told him. The policemen we're not withdraw. but
were driven out their lives being IN jeopardy there
dispute that Opdyke lad invested III the arory
Sls5OO0, Mcneil 5000. and that there was some
$4,000 Of liabilities. The claim submitted TO the
Board Of Supervisors was intended give the value OF
the property The fraud was either In the principle
adopted the basis Of the claim, the amount or The
application Of the principle or tae mode Of getting the
claim through. Now Supervisor Blunt he'd a name
proverbial for integrity and energy The minutes OF
the testimony very imperfect Farley he'd shown
that they were wrong in several partieulsone IN re-
gard IN lathe showing that The minute taker rather
than Farley wac the person 10 be convicted OF nis
statement. Tho witnesses ray that the principle
upon which it was made out was distinctly
presented 10 the Board and 10 man could hardly fail OF
understanding It, Even the minutes contain the face
that the contract price was settedfO be The basis
Of the value of the guns The machinery wcs purchased
al fair price, unless there cheating on tie port of
the appraisers. The counsel had exhibited hero such
puts OF the gun suited their purpose. Were
bound, in estimating the value OF proper! IN factory
10 reduce IL TO the bare value Of tic fragments ~
what stage do get from the value Of tic nish" q n
to the value OF tie parts2 Suppose they Lad been oil
finished but Ito butt plate would they BE- worth nohlng
bat the cost Of The frparte pieces re question was
whether tho ,s III lad right TO charge tLcir cost
or thcir value II he charged lie cost inen x22 WIS
much for tie flashed guns lot their value IN
the open murSc,. a great deal had beer said about
prospective profits lie courts. IN speo king OF that
rcierto future contingent profits ~ prospective unde-
takiugs. That was - nat the courts condemned.
Counsel commended tat, By reason OF riot the city
was not merely 10 the pace Of insurer, but put
~ tie place 0l the party who destroyed the building
aud the sufferer od recover whatever damage he had
suffered including the profits That would hnre been
made. had the contract been completed.
philadelphia. aud Wilmington Rs!rosd case-l3
How. 30, White agt. Moseby, Pickering. SO; Z
Cushing. SIC: Duer. i06.l
Mr. 0pdyle then bud right to claim e2sinet the city
The fl pf,o 10 wo,d have received fODi the Goyern
mont lsss the eIren,e il would take TO complete the
guns. Had he stood bis rights and continued the
action commenced against the city, he coGld have re-
cove red the whole amount. the construction N TIE
lsw-inst whatever the roiers would have heen Dohhu
10 pay, IL sued and responsible. the city had iIsnt
TO pay. Great faux was found with toe cGsh.eook
Tor Whit 10 coah not see. tshoTed the flets
aud al tho facts there were AT the time tie entries
were made. The Plaintiff could AaYe EFT this gun
claim upon The satcmclt Of the witnesses as t. tlsir
proper motives upoH the fact that DO pTots had bsen
N lde GA, # the city Ii enough 10 SATISFY the irry
M Opdysc honestly believed he was erfiu'd to we
amount c.alucl AS % the proceedings before the
CON nltce IL had been attempted to prove that there
something wrong in passing upon the clam be-.
cause Mr.. Thomas &. Feds not connBted anI bad
opportunity OF examining witnesses Well the july
wou probably be Ghle to estimate what value the e!
vices VI Mr.. Thomas &. Fields would have been 20 tie
Committee and te the same conclusion that MI
B.ELt had
81 Mr. Opdyse made claim for TIE destruction OF the
gun factory that Mr. Opdyke, BY virtue u! his Office
was member Of the committee before whom the claim
interest In that cain invest gated the claim and at IA
enry day received check and this they urged was not
hbclous. Now there was not only no proof that NJ
Opdyke dsclsined his interest hat 1t was notevep con-
craea. Al, over the city Il was known A. Opdykes
gun factory Every knew be had an interest In It,
although not its extent character. It vas o. well
known as that Weed had an interest In ne Gcen,rs
Journal or that Horace Greeley was editor OF 1HR
TRuCNE. Mr. Opdyke was not member OF the Com
mtee lie did not take any part in the passage Of the
els-m. tgi, on tte soaasiS. Iesredi ,.a .o,d,h.
Office IL Surveyor OF the Port ~ New ork for $1,000
He would M, stop ask If this beiocs. The pr
cpal witness 10 Justify tLs bel vas Nr Mcneil WHO
was hod az as member OF the l. s!atdie and taere
fore I. he believed VEL pcrhar, people might not
consider that ,uch bsA recois lSn1 tt9n Much LAD
tlfen place in tho 9glstIe Of this safe that I'D BOT
Pr2ro ne gsnl:r tssea'uie It lad been suggested.
'ncod that phas If this suit could be Kept going for
tho whole Winter the legislation this sesson might be
Improved The story OF Mcneil was absurd % its face.
Did my one suppose that II Mr. Opdyke ard Ar. An.
dr.ws wished q enter into tLe bagsaa alleged they
would have got Mcneil 20 make i' ami seDl Amer ..
williamson NJ witness Was that the way politicians
made bargain, they were Ashamed OF call IN tFo wit
nIsses DID any shIpose ihnrlow Ws'd ever iAafe
that Mr Pa had i no, l. 10 do With IN me
spIoin,meou, Of Nr. AudIeNs-hnd not urged ii OF
aided 1t In any way -
Counsel then ts'ne to consider the Nbolons Charge
against tho plsn6 in relation To the Ma1poss stock,
tint MI. OplykC and others had reminded tenetsl Ere
mont that when running fos candidate N ieao ne Vas
-
TO put Bis affairs il letter shape. and 10 training Gen
Fremont for III, Presidential canvass HIS grooDs
ceired The gra,uiiy OF - t@V'o, Now Gen. fremont
showed himself on the stand 10 10 one who fully and
clearly understood his own interests much so as 10
elicit weldeseryod tribute from the counsel for the
defendant He lad shown that tie hsriposa property
Was 80 hampcred with debts and difficulties, that the
best oger he could prior ~ this arrangement with
Aessrs. KctchuI5 Opdyke q Hoy was 10 settle the
claim a6alns, II for one half the property under
the urgcnt pressure Of claims against the
property Ger. Fremont made tie arrangement with
these gentlemen IN have the debts paid for quarter
fihe lie had explicitly denicd any ernctioa or
eIiOrfon the part O: these optlemen SAID that he
anxious 10 perfect the arrangement than they
were; that he he nust either close the bafksn or
the estate would all be ios'. Here pressure.
playing upon his presidential aspirations M. Opdyke
had such doubt OF the probleDcss Of the arrangement
hat he refused the whole OF the share allotted
10 him.
IL being row oclock the Court adjourned I'LL to-
morrow when Mr.. Em,tt viii BE- SLOWED fifteen minutes
on The qGcstop ~ damages ~ be followed by Mr..
Evarts aud Nr Field.