The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-05-12


ciines to Appear ON the Trial Of the Issues
Relating to the Question Of Bribery of the
Mayor and Common COuncil-WOod Takes
n Verdict.
Before Judge Cardozo. ...o
The Mayor ana C0namosalty az Ne,c York rs. FER
'lando Wood ana richard b. Connolly, Comptroller
dc.-This notorious case was called up for trial yes
terday before this court the issues recently framed
upon the PLAINTIFFS motion at Special Term before
Judge Cardozo. The suit Is brought 10 set aside the
leases entered into in 1895, by virtue Of which the
city rented from Fernando Wood the premises or pro.
perry speaking q portion of the premises Nos IFS
and III Nassau street, Tor the use Of the Municipal
Law Department. The annual rental was to be
Tor which the lease was entered into.
Upon the case being called on for trial yesterday
ton Counsel, were present, and Messrs. shea and
Stoughton appeared on behalf Of the defendants.
The defence was prepared to proceed, but Mr.. VII
ilams ana Mr. O'Gorman declined to appear for
the city on Trial.
Mr.. 0'Gorman moved for postponemen until the
appeal from TIE order settling the issues for trial by
Jury Lad been heard aud decided by the General
Term.
Judge Cardozo said he thought there were no fur.
Their issues in the case than those he had settled and
believing that to be the case and knowing perfectly
able In any sense he would not listen to any discus
sion at this time. II the plaintiffs did not appear the
defendants might have jury called and take ver-
Mr.. 0'Gorman stated 1t as his opinion that the
trial Of these issues before Jury would have no
material effect upon the case; but that instead OF
bringing the litigation to an end 1t would only pro-
long and complcate II. M .
TIC following are the issues framed by the court
al Special Term, and upon which the case was called
for trial yesterday
First. Did tie defendant, Wood, in or about the
agree with the person then being the Mayor
OF the city Of New York, In substance or to the
Gs y vo ne I % n sna
said boards should pass and adopt, and said
Mayor should sign, as approving the same, reso-
Pa the tSnl% 70 ae be and h
Is hereby authorized and directed TO renew the
Law Nes 81 and M is ne sse 81 ae
aperod Of ten years, at the following rents, VIZ
FOR once OF Corporation Counsel, $1,000 per annum
Ior once oil Corporation Attorney, $4,000, and for
ONCE OF Public Administrator $4,000" that he the
said Wood, should and would pay, or cause to be
and Councilmen as should so vote for such resolu-
tion TO be distributed among ,hen the sum of
Second. Was the resolution aforesaid passed by
the said Boards Of Aldermen aud Counciimen and
approved by the Mayor, under or In pursuance OF
And it is further ordered that either party be a,
liberty to give notice OF such trial, and that upon
such trial the plaintiff holds the Affirmative Of such
the Corporation Counsel Mr.. o'Gornan, appealed
10 the General Term from the order settling the
issues because the Issues Us framed by Judge Car
dozo, were not those raised ON the pleadinrs. The
issue raised by the pcsdings, was that the " de-
OF this CITY, and certain persons being members Of
the Common Council" had entered into fraudulent
agreement respecting those leases The issue, as
framed by Judge Cardoxo, he contends, was one
altogether different and submitted TO the jury the
single question whether the defendant Wood did or
ud not about the 18th day Of December, lseJ,
dgree with the person ute,. being ne Mayor OF the
cry OF New York, that In case the Boards OF
aldermen and COuncilmen should adopt the
resolution in question and the Mayor should
sign tue same, the said defendant Wood, should pay
over 10 tne SAID Mayor and such members Of the
NstFn In nj orn
the sum OF $2LOoo. such fraudulent agreement.
run we Mdp0r alone, Mr. 0GOrnan claims, was
nov eitier anIHe. OF denied on the pleadlngs.
In this view OF the he claimed that the issue
as submitted to the jury wholly imrnateral ana
irrelevant ana decided nothing whatever as 10 tbe
merits OF the case disclosed by the eadinrs and FOR
these reasons ne declined TO take part in the trial
MIR. VGorman left the court and Jury was called
Judge Cardozo explained TO them the nature of line
finding they were about TO bring forward ami III
iecied them 10 find negatively upon the Issues above
set forth. OF course the jury compiled and tholr
uadings were accordingly entered b. the CLERK