The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-06-23
Alleged Desertion of a Seaman.
SUPREME COURT-SPEClAL TERM.

Before Judge CardozO.

10 Before Judge CardoZO.
The Mayor, de-, Us. Fernando WO0d.-This Is the
old litigation Instituted by the city to annul the
leases of Fernando Woods building Nos. lis and 1T
Nassau street. for the use of the Corporation law
officers, at an annual rental Of $4,000 per annum
for period Of ten years. '
Judgment was taken by the defendant by default
on the issue as to fraud, and the action came up
yesterday for trial before the court without jury,
1T Williams on behalf OF the city, moved for
judgment on the pleading, alleging that the counter
claim was not regularly in the case, and that the
resolution OF the Common Council authorizing the
making of the lease was null and void, conflicting
directly with the provisions OF the tax levy forbid
ding appropriations not authorized by law The mo-
Mr. O'Gorman then said that he supposed there
was no necessity for a recital OF the facts in the
pleadings, as the court was, he believed, already
famiIar with them; but he desired to present EVIL
dence only on two questions. First, TO show that
the premises were not worth the amount fixed as
the annual rental, any resolution authorizing such
an expenditure OF the public moneys amounting.
therefore, to waste, and being void. Secondly,
Mr.. Williams desired to introduce testimony to show
the payment Of the $21, 900 to certain members Of
the Common Council-$1o,ooo at one time and
Mr. =. W. stoughton stated that the defence did
not propose to object to the admission OF testimony
on these questions whether the right existed under
the peadngs SO to object or not. Wig
The case was then opened by Mr.. Williams, and
Judge Barnard was called as the first witness for the
JUDGE BARNARDs TESTIMONY.
George @. Barnard, called on behalf Of the city,
being duly sworn, testified as follows
Examined by Mr.. O'GOrman-Q. Had you at any
time conversation with the defendant Wood, on the
Gil afYecting leases OF certain premises in Nassau
street.-the. 118 Nassau street3 A. Never.
Q. Have you ever stated TO Mr.. Williams, the asso-
ciate counsel In this case, that you had such
versation with Mr.. woods A. Never, sir.
Examined by Mr.. wilams-Q Judge Barnard, do
you remember any conversation which took place
between you and Mr.. Wood, at the house Of friend
Of yours touching this negotiation for passing that
resolution, about the time that it took place in
which money was mentioned-$10, 900 in one sum
and $11, 900 In anotherhave you any recollection OF
anything of that kindS A. have not only no recol-
lection, but no such conversation ever occurred In
Q, About that time did you hear the subject
alluded to or talked about by Mr.. Wood in any wise
to your recollection2 A. / never heard Mr.. Wood
say anything in my life In regard to this lease.
o. or that resolutions A. or that resolution.
that subject was one wherein Mr. Williams was
present and he stated that he had information suf
hcent to break up this lease that he thought II was
wrong and that IL he could get employed by the
Corporation Counsel he thought he would be sue.
cessful in breaking It up; then stated to him that
to do do IL; + thereupon went to Mr.. o'Gorman.
Mr.. Williams-l do not want this testimony taken,
unless have an opportunity Of contradicting It.
The witness-I merely wish to say went TO Mr..
O,Gorman and said believed he mr.. williamsl was
in possession of some information that might be
useful to the city, and that II he was he should be
retained as counsel in the case. and that sugges-
ton believe he was retained.
q. When did that conversation take placer A. !
O. Where did it take placer A. I have no positive
recollection but my impression is 1t was In railroad
O. Was anybody present to hear that converse.
ton besides you and me A. ! think there was
say what TIME Of day 1t was; but can get at it with
In one day. - a.
dafc ri a letter that Mr. OGorman wrote to you and