The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-06-24


Crossexamined-Ike Corporation Counsel occu-
pies rooms e 50 and q Nasseu .reet and hes done
Richard A. Stairs, Deputy Comptroller since 1894.
was next sworn-o, Was there an appropriation in
Mr.. Williams objected to this method OF proof. and
Mr.. Shea offered the statutory proof the subject
q Session Laws, page 16o1b the oct appr0prating
Williams objected objection overruled. There is
balance OF that Sos o00-left in
city Under that IA Which are u%pa Sn
less IL be these. ir-1
II was admitted by Mr.. o'Gorman, under the char
ter OF the city OF New York. that the Offices Of the
Public Administrator and the Corporation Attorney
are bureaus OF the Law Department OF the city OF
The defence here rested their case, and Mr.. VIII
liams stated that he desired present further
testimony bearing upon that introduced by defence.
lawyer at IFS and III Nassau street, and occupy
rooms tue third foor-the two rear rooms east or
tne inner court ana the room southeast OF the court
have leased these rooms for about five or six years
from Fernando Wood.
Mr.. stoughton for the defence. stated that the
the city. 7''77 y '''-'' "a
Dennis QUINN civil Justice, sworn, testified that he
on e @ s sna
did not rent the room from anybody; did not pay
any rent; had permission to occupy the room from
John Il. Devn, late Corporation counsel; did not
pay rent now and hoped he never shOuld understood
the city leased the premises and thought he might
Wen occupy the room as some OLuef person.
Mr.. Quinn made an explanation Of the manner in
which he came to occupy the room referred to, and
the cause of his leaving the District Court room
This closed the testimony and Mr.. OGorman
asked that the summing up OF the should be left
to future day which would be convenient to court
Mr.. Williams here interrupted, and stated that he
had omitted one branch of the evidence for the plain
red to the two letters written by himself and test
fed Of by Judge Barnard yesterday, and which Judge
The letters were produced, and Mr.. Williams said:@
81 now offer these your Honor, In evidence"
Mr.. Stoughton wanted to know II the gentleman
dence.
Mr.. Williams said he supposed these lettere were
Mr.. Stoughton wanted to know II there was any
particular sanctity about these letters. and Mr. VIII
liams said he did not know Of their being anything
Mr.. Shea and Mr. Stoughton examined the letters,
and the former gentleman objected ITO the introduce
ton of any more impairment matter" f
Mr.. Williams asked II the gentleman objected to
the lettersP rF C .lso
Mr.. Shea said he objected "to the introduction Of
any further impairment testimony" =
Mr.. Williams informed Mr.. Shea that that was not
the way to speak, and 4
Judge Cardozo informed Mr.. williams voluntarily
that the letters were objected to. ri "a 4r-.- & .
Mr.. Williams addressed the Court and said that
these letters written to Judge Barnard by him
Judge Barnard had said in reply to question-'The
first letter stated that you wanted me to testify to
STATE OF IaCCS tnaJ naQ no EXISTENCE" he (mr VIII
language of the letter." and the witness replied,
'Inferent8lly, certainly" After some other ques-
lions Judge Barnard said he would produce the
letters this morning He (Mr. Wlliams) now claimed
that as q naked question Of privilege to counsel.
aside from the law Of the case he was enuted to the
admission in evidence Of the letters. Further, the
testimony given In relation to them was calculated
to harm the case Of the plaintifs and the plaintiffs
were entitled to have them introduced as matter
The Court stated that It was Of the opinion that If
the counsel chose himself to open an investigation
relating to letters written BY himself having no 81. 81
consequences, but before ruling upon the question
the other side should be heard
Mr.. Stought0n recapitulated the circumstances.
to h calling q 4 w ~ ms q s
by Mr.. Williams, and claimed that the offer Of Mr..
Williams now was absurd. The witness was called
for the plaintiffs and failed to testify to any fact which
the counsel was here to prove and !, counsel then
ence by the witness. He had never heard OF Q case
where testimony was allowed to come In as ques-
ton OF privilege to counsel and unless II could be
shown that these letters were material to the case
they should be excluded. 90
Mr. Williams said the witness had testified to the
contents OF the letters and had been mistaken in re-
gard to his construction Of the contents. That was
Of truth or falseh0od in the matter, by comparing
the notes Of the stenographer with the letters.
Judge CardOz0 after some further discussion re-
marked that he paid no attention whatever to the
taken by himself He had always found the steno-
grapher's notes wrong, and believed they were in
vented rather for ndOlent judges than for any other
purpose.
sides asserting to the postponement OF the summing
up arguments the Court directed they be heard on
Friday and Saturday mornings next, between the
hours Of halfpast nine and halfpast ten each day.