The New York herald., 1871-09-16
The Excitement Toward
the Finish.
Judge Barnard's Decision Adverse
to the City Officers.
TIE INJUNCTION MADE PERMANENT

TIE INJUNCTION MADE PERMANENT.
The deed is done-a feat has oeen accomplished.
BY the decision Of Judge Barnard delivered yester-
day afternoon the anxiety and apprenensions Of
thousands have been removed. The uncertainty as
to what the judgment Of the Court would be caused
the result Of the arguments OF the counsel engaged
to be looked forward to with interest perhaps
paraleled in the history OF municipal controversies
1t was not until the afternoon that the court room
became so densely crowded, Tor 1t was quickly cir.
culated that the case was drawing to q close Every
available spot occupied and on the face Of the
auditors the most earnest attention was displayed.
During the address Of eX.Judge Barrett, on
behalf Of the plaintiff, tokens Of marked ap.
proval were given as showing the senti-
ment which prevailed. But it was not until
the arguments had ceased not until the Judge had
commenced to render his decision, that the assem-
blage became intensely absorbed. The final judg.
menr awakened unqualified appreciation, not un-
mingled with surprise.
AT the opening OF the Court In the morning Mr..
Bartlett commenced his address on behalf OF the
defendant, William NJ. Tweed stating that he would
be perfectly safe in presenting the adavits alone,
without any argument at all; but he would never.
theless advert to the charges OF mafeasance brought
forward by the plaintiff His client had performed
all his duties in legal manner. Mr.. Bartlett con-
tinued:-My friends on the other side say that we
have not apportloned any sum for the payment of
debts due this year, ana would ask my friends If
that Is not what they sayP
Mr. STRAHAN-We say that you have not appor-
toned any sum out OF the sum raised on taxes to
pay the debts due this year, and the Mayor and
Comptroller say they have apportioned s9,OOo.0O0
Tor this purpose.
MIR. BEAcH-My client, the Comptroller, says no
such thing. The gentleman Is mistaken.
MIR. BARTLETT, resuming-It does not seem to
make much difference whether the charges are un-
aerstOOd or not; It amounts to the same. 1t Is not
That claims have been paid, but that claims have
not been paid that has caused the suit to be brought
| do think If Mr.. Foley's claim and Mr. James
OBrien's claim had been paid this suit would
not have been brought. I have nothing to say
against the justice Of either OF these claims l
think Mr.. o'Brlen's Is Just one, and think Mr..
Foley ought to have received the costs Of his contest
Ing the seat in the Board Of Supervisors But both
Or them are hot-headed men, and 1t would have
been better for Mr.. Foley to make a contract with
an ice company to furnish him with ice TO keep his
head cool. The whole proceeding is invalid in this
Court. 1t is case Of nobody against us and has no
egal standing here. In the complaint
they have inserted certain laws which
may be very interesting, especially from the
TACT of most OF them beng repealed. Again they
have inserted the phrase ''best interests of the
CITY," Now what has been done with the other in-
terests Of the cttythe middling interests and the
better interests, and the good interests How have
they been dealt with2 Why, 1t is ridiculous to ask
that an injunction issue restraining from acting
against the "best interests Of the clty.n Yesterday
PLAINTIFFS counsel said we could pass over the first
ten counts Of the complaint, and that there was
nothing specific until we came to the eleventh, and
think, on further consideration that they Will want
to withdraw the whole complaint But there are
some things in II that do not want to pass over,
and which will be looked at closely hereafter There
are grave charges In 1t which my friends are not
prepared to stand by-charges against my Client
William NJ. Tweed and he Is not man who will
allow such to 60 unchalenged. There Is another
branch of this Court called the oyer and Terminer
In which my friends may have to plead for their
client, for there ia law regulating this sort com
plaint, and that is the law against perjury |
now tell Mr.. Foley and those that stand behind
him that William III. Tweed Is not the man to
allow such base ISLANDERS TO pass unpublished.
Regarding the TWO Per Cent law II this injunc
ion should Issue because OF that law then It would
be The duty Of the Governor of this State to call an
extra session Of the Legislature to repeal this law
and remove the clogs from the wheels OF the citv
government Counsel tnen proceeded to charac.
terize the proceedings as Catallne conspiracy with
the motives which Influenced Its action and paying
high tribute to mis- client, who had offered a COM
plete denial to the charges, concluded by stating
that inasmuch as the Judges Of the Court had given
MIR. Foley his seat In the Board of Supervisors he
cause his claim was just they would vacate the in
junction because II could notin justice he sustained
Ex.JUDGE BARRETT's ADDRESS.
Ex-Judge BARRETT then rose to close the arcu
ment on behalf of the paintif. He said:-In closing
this discussion propose to treat the case solely on
Its legal aspect and to speak simply as q lawyer
addressing the Court could not If would rival
the rhetorical splendors Of my learned friends-and
beautiful they were indeed, sir for they cover their
clients with flowers OF their rhetoric and honor
them rOT 1t; for what custom is more beautiful than
that Of t0e decoration OF the gravep daughter and
applause, II Your Honor is quite convinced that
the DEFENDANT represented by the gentleman who
last addressed you is the legal and nea successor
Of Washington Jefferson and Jackson-I am sure
II that fact has not effect upon the law or the case
II Will have No eject upon me or my client.
uaughter) In the plaintiffs position calm ana
temperate speech Isl due, not only to the dignity OF
Tie Court and TO the Justice Of his case but to the
MAJESTY OF THE LAW.
Would state moreover, THAI the pantfs are neither
% M @ nor partlsalNs as Dy strange perver
sion vi Inversion OF positions, has been, THINK most
auuacIousy asserted. They are good honest citizens
au every loyal and patriotic heartln this Union on
coI Del, then Is my client encouraged ana
countenanced, not only by the blessings OF u great
hope, but by the smile OF Heaven. Let me proceed
az once TO prove my case, anu prove II so plainly
believe the mind exists which cannot ser the rights
Oi t0s lnluncu0n New II s asserted thai the first