The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-28

Henry Hail. COUNSEL Frederick Berthond and Augustus
3 Dalzell tpartnersh city John 9. Jenness COUNSEL
Freeman Orne, city, Lebaun Clarke counsel.
SUPERIOR C0URT-TRIAl TeRM-PART e.
How a Valuable City Franchise was Secured
to q Private C0rpOratiOn-A $4,000 Job.
Before Judge Jones.
WiUi1m Elmer vs. Robert W. NiRonk-This action
which has been previously reported in HERALD hav-
ing been brought for trial about weeks SINCE and
after hearing Of several days adjourned account
of the absence from The city Of OF the counsel was
concluded yesterday. The plaintiff Elmer. sued for
the recovery Of the Of $4,000 which he claimed
was the balance duo OF the sum OF $50 O00
which defendant agreed TO pay him for threeeig
interest four letters patent Of tho United States
issued to plaintiff in 1868 and 1884 for Improvements in
the manufacture OF gas The defendant up
ter claim Of $4,000 against the plaintiff and conteIded
also that by virtue of the agreement The transfer Of the
interest should convey with it It's proportion OF interest
ernments the improvements Patent rights were OBJ
tanned by plaintiff in Great Britain, France and Belgium
This threeeghths interest was subsequently, made the
basis upon which tho Acetylene Gas Company
formed and the above named corporation subsequently
sold license TO the Peoples Gas Company for three
81, 500 900.
AS the trial was approaching conclusion the Court
suggested that case should be sent to referee as
there was with mutual set offs. After some
discussion plaintiffs counsel to avoid mstria agreed
TO admit all the items in deiendan.'s bin Of particulars
except the item Of for procuring the franchise
from the city Of New York for laying the pipe and
Robert ~, ". zibank recalled and examined BY Mr..
Fullerton-Q State, If you please, 70 this $50 900
item on the bill Of particulars that being the only
IN dlspue whether you paid that out as disbursement
In pursuance Of that agreement
Nj. Fied-rhat is alinle comprehensive whether
he paid Il out to whom and tor what
q Did you pay 1t out2 A. Yes, SIR. @ In cash A.
Yes, sir Q What did Dr. Elmer say in regard to that
item al any timer A. He approved Of it. and he said
that he thought It q cheap Investment; that the
rights Obtained from il were economically rot q
Did he ever At any time object 70 1t In any wayP Oh
ne p w. TO whom did YOU
pay IT. A. paid Il 70 Charles e. Losw. Q Who i
Charles Loewf A. AT present he is one Of the menu
time. q What We. he al that time A. He was :
clerk m one Of The departments Q One Of
that @ Did you pay him that sum Of
Was that before he got IL aterwardsY A Alter he
got it Q Before he got whatf
NJ feld-bslore ne got the franchise, Of course.
was Q The franchise was permission from the Com
mon Council 70 lay pipes throughout the city9 A. Yes
mon Council Did you get passed BY the two brancaesq
A. did mot Q Was It gotS A. was got Q. That
name 81 tho Peoples Gasi,ght company O fho fran
chise was given TO the Acetyene Gasght Company A.
No. 70 the Peoples SasSs' G0%psny You
allow tho Peoples Company to lay pipes through the
s.rsstsG A That vast That was it exactlyf A
a
was paid some time In November, 1868 Q 1867 A.
Tns coSrTh,s rasiabt companv vas not in e,,.snc.
then, was hf A. think il was, sir; will not speak
positively, but think it was O. Have you got wilh
you the minutes Of the Acetylene GasIigh Company
light Company A. have; that is to cay, have tho
minutes previous to-
the Court-No, subsequent
Mr.. Field-Let me see when this meeting was; the
nrst meeting the 30th November, 1864
Mr.. Fulerton-The first Ia that book, you mean O.
q
formedf have not Is there any body in the
world who hasf A. do not know that Q. You are
Q. You the President nowS A am nov. q. And
you cannot toll when the company formeds A.
given you the full particulars Of Tiff thought il was
coming up here to-day Q Where 10 that receipt A.
y oa n: rS " yns
ala no DO WIN !, u: y, money! y, 40 moi ::
A. He never told Q: What did you give il him
forf A. For the purpose have told you o For the
Councilf A. For permission TO lay pipes and light the
streets and avenues Of the city with gas. Q What did
s sss DO e e. for AZ. ss him :s; y. ys
sUssss y oa DID ySs s.: him Ny
him % Civ. p me whole oo.vs
that cannot usdsrssrs % give you ali said; rsnsem
Der the salient point OF ~ % the amount Of money
Sou . :.s Sms Hs vas sent o me- snr Il .a.
I vas sent 10 him BY sx-Aldsrman Bools.
:, The coars-rrascis I. Bco'si A Yes SIR o
had an intsrvis. with him on the subject o And in
either sent 70 him. Or went 70 SEQ him or somebody ssus
him 20 me- O Now when you saw him again, do you
remember wh:. arscO's yor gave him and .ns, In
I stated Whist wanted. O. Did he tell you what he
eoald get fors A think Il was matter Of bargain
\ otrk od ~ Ia far afoAt
ths sum, which was 70 BE- 900 IN cash and some
sock in Peoples Gas Light Company. Q Tha was
you bad, was mott A 7 think not
Q. Was there 10 DO some morcs A. Some more whats
9 some more suck ssuedi There was capital
been issuedY A. think the whole has been issued
o Did you not, on subsequent occasion, meet the
thousand OF the shares had been issued and that you
represented thsmS A. stated 10 them just the fact
that IL had NOT been issued that time that all
Has any since Secn issued 70 pay for that service
A. Yes, SIR; three hundred shares. Q Three hundred
shares issued 70 whom A. TO Mr. icsw 9 Has he
was your bargain with himihai you we're to give him
thousand doliarsi A Yes, sir, o How long
was he in getting 10 through A. think,
month. O Your negotiations with Mr.. Loewi
A. Yes, sir. q. How long the operation on the
Common Council before they wero safely deiveredf A.
with great rapidEyi A. rhat is wha. can't answer; il
labor began o How long was ~ A. Over q month.
o with The Common Councili A don't know
sluusS both Board. IN ons sss
o Can you. islI The jury wha. the $40. 900 was
did with the money yeu gsve 6ims A. 90 no. know.
Ss.ss, "a think did a. sr "a q. DAY .fss S''Sa And
transfer the stock 81 the sane timss A. No sir there