New-York tribune., 1868-06-27
THE COURT&
THE FERNANDO WOOD LEASE TRIAL-sUM-
MING UP BY COUNsEL~-WITHDRAwAL OF

suant to the adjournment Of Tuesday last Judge CardOzo
opened the Special Term half hour earlier than usual
the Mr. StoughtOn for the defendant said that this
case which had been the subject Of much newspaper
comment, and Of many ISLANDERS on individuals, was
now. he was glad TO say drawing 10 close ne called
attention, in the first place. to the complaint which set
forth the supposed OF action which the city had
against Mr.. Wood and which asked the resembling of
certain resolution pissed by tho Mayor and Common
Council in December 1865. The complaint averTed that
in December 1862 Mr. Wood being possessed Of great in
uence with the Common Council used it to let 10 the
city in hs building Nos 10 aud 1T Nassanst, on
the preext that they useful for the city officers and
that they not useful that in 1868 he had made
pleader had decacy not TO him. II he had done
So il would have been known that Mr. Gunher, the then
Mayor was the impaeable enemy of Mr. Wood, ana not
only I'm actual enmty but in open and undisgsed hos
titY TO hml and with divers persons constituting tho
IN pursuance thereof this resolution was passed by
majority Of both Boards and approved by the Mayor
Had the peadcr desired TO state the whole OF the truth
he could have said further that 1t passed by unanimous
vote except one He would have learned that I0n ne
records of tho counter. That not thing likely TO
happen II the resolution were extraordinarily favorable
to Mr. Wood 1t was part OF the history NOT only 0t 9ca
had thrown down the gauntlet to Tammany Hall; it
not then likely that every member but one of Board
have passed this with the vote OF meRber but one
He read the letter OF the Mayor TO Mr. Brennan from the
complaint calling the thing fraud, ana claimed that tho
person who neTpOated this into this complaint the one
who averred corrupt agreement with the Mayor by MIR
Wood, knew of tins lettcr-that such agreeiEent
incredible and CXtravagant There in this COM
plant ISLANDERS, bunglngy put together
incredible lies than were ever any other similar paper
o believed the distinguished counsel who represented
the city had nothing to do with t The complaint then
ayered that Mr.. Wood substantially abandoned hs claim
until he discovered that persons were holding in pos
session G the premises Now instead OF Mr. woods hy-
ing entered into negotiations with Mr. Guntler that
1s SyeG between S @ e s wc sG
all Intercourse social or otherwise. between ten ard
this was a fact which the pcnOn who drew this
pleading could have found not only By the general report
In the newspapers, but by calling him personally Mr.
in this matter and his political interests made him
keep his open TO all such reports Inquiry INTO tho
matter was invited. They had had Mayor Gunthcr on
the stand. 1t like pulling teeth 10 get at the fact
but Mr. Guther had finally said that on the faith
OF runCr no had sent that letter. bat aterward he be-
came sntishcd that no fraud had been committed. and
recommended that c leases should be executed. Even
retire the premises. Counsel here read the letter
from Mr. Wood of April r. 1885, In which hc snys thitf
after May he would consider they hold tho
terms Of the rcsolutionl At this time the departments
Of the cite swarIncd with Mr.. Woods CEene-. The
Mayor his bitter enemy; the Corporation Counsel
able and distinguished lawyer, certainly friend Of
Ills vet here after Nh Woods notice the promises hoh
1t is claimed were not wanted were unfit, were I'M
its offices occupied the cIty. Suppose he counsel had
been notified by his landlord that H. after May he con
nucd 10 hold lis Offices his rent would Dc raised would
not Court If hc continued to occupy, hold him the
increased Tentf The city not IN the position OF
tender infant Its officers and specially those Law
Department, fully competent take Of its
terests; yet after this roucr il continued TO hold over
After three quarters rent became due 3CD MT Wood
finding his Offices occupied by the city, cndcavorst 10 gc
his rcnt Then, on the 18Th OF February lsGl this suit Is
brought why IL was Drought, perhaps thc tcsIh"} Ol
q distinguished witness the stand explained. Tam
many Hall wanted to give Mr. Wood bad name. The
persons VINO Gsicu IL Aau not c courage 10 give 10
him in such shape that it would be lbclUus but they
could do IT through the courts. A complaint fled
IN INC court would DC q judicial WgectH!rg,
and not HDclous, unless proof Of malice
when Tammany Hall wauted to give Mr. Wood n bad
lie, counsel not inclined to say that in pOkt
cal qnarres any thing was wrong lo was aoot from all
political STRIFE and not In position to Judge Of Its tactics
AZ this time respectable lawyer was found day who
that; " IStaYGd W h9 G31id % establish Sharges Of fraud
properly communicated this fact to the Corporation
Counsel, and recommended his employment Has duty
rs good citizen was 10 do So ana on tis recommends
ton that lawyer was employed The paternity OF this
OF me learned corporation Counsel. Inc parties who
had produced lls complaint had the prudence not 10
sTcRr IT, AID il never had been TO- Tho suit was
started as vehicle OF s9hder but Mr. Wood bad certain
rights. aud his counsel finally thought that those rights
should DC asserted Issues were settled by the Court for
abandoned that trlal. The case had then come up
here. The defendant might have considered this
abandonment Dy the planiH as hhal ana closed
the door on further testimony, but they had
OF any testimony whatever During the trial his learned
brother Or OGoman, had not had the air Of disap-
pointed man He did Lot believe hc was disappointed
The plaintiff had produced evidence whatever on tho
main issues. After calling Mr. Gunther, VINO was not
asked for IL known what his answer must De, Whe
ther he made any corrupt agreement win MI wood
they had proved nothing. All the evidence they lad
that somebody had had a conversation with somebody
in which somebody SAID that somebody mad made some
Should Certainly expect from Mr. OGormans high char
acter he would at abandon the charges OF the
complaint. Mr.. stoughon then proceeded to argue the
cOuntercan Of the for the rent accrued before
the answer abandoning the claim previously advanced
for rent, subsequent 10 that time.
Mr. O'Gorma said: i" 10 may be generally supposed
that the recipient OF public hon0rs the holder public
offices is mostly occupied IN sleeping and that he sleeps
upon bed Of roses. The holder OF public Office himself
that among these roses there Is occasionally to be
found thorn Duties imposed one by by the public
involve often the performance Oi acts labe 10 lnlshie
pretaOnabe 10 break ancient friendships and he mat
performs any public duty without affecting fear or favor
expect very little support either from what rs called
public or from the individuals composing te pubic,
and his only dependence must be on the satisfaction Of
his duty. In the performance OF what believed 10 DO
signed my 10 the complaint in this suit. In the
performance OF that duty am here before your Honor
Today IL cannot have escaped your HDnOr's attcn-
tion that in the end OF the year 1868 tho
question OF t9 sEo'U % s MGh aPeS wt ~ nn otS GaSe
there for public attacks know know not. whether
they sprang from personal dislike, or dislike OF party
did not then know and do not now know; bnt they
pTOfuse They appeared IN all OF certain class OF
public organs Runor charged against gentleman who
Is one of the defendants this case against the gentle
man who had been Mayor Of the city Of New-YOrk,
pie as Common Council OF the City OF New. York, great
aud serious fraud. The charge repeated in the
pers found its way INTO magazines, even was echoed
the other Of the water aud its retcho came back 10
this cy-ths cry Of the Wood case being urged as an
evidence Of fraud pervadlng society IN the Cy OF New:
York and ainting the fair name Of It's government.
confess, sir, that when cam into ohce was anxious
that this charge should be put into such shape that
il could be investigated not by the loose discussions In
newspapers who disregard facts and jump at conclusions
lint M such fair and open litigation possible In judi
ca proceedings whe6 each side is defended by counsel
and where counsel are moderate ah1 euded Dy
the presence OF dignihod, impartial, and able judge,
sought this confetti sought IL as the chief officer OF the
CITY Of NcYYOrk IN order that II the officers OF TINS city
were gully Of this fraud they might by my hand be
punished and if innocent OF tins fraud that they might
be by my handdccnded came into Office The old term
of Tie leases Of these premises expires Mr. Wood brought
no for the recovery OF rent He did not seek this
issue The leases not executed by the Controller
The leases were not signed by me-and whyi Because
found that the late Mayor OF the City Of New-fOlk,
under his own hand, had stated th0t that thing was
fraud and did not know that for any fair reason the
charge had been Withdrawn; and the city stood with
folded for the issue To be made by the de-