The New York herald., 1871-09-16

ten paragraphs and sections OF the plaintiffs COM
plant are Irrelevant and are not specific. Before
snewg sSe ae NJ the he Would u sre
point out the necessity OF those sections IN the
Complaint. His learned friend, Mr.. O'Gorman
smoke of the construction to be put on the Two Pei
Cent act. Duarrls, an admitted authority, says an
act is to Interpreted by the context the necessity
and the mischief to be guarded against. Has the
Two Per Cent act no meaning, and have they un.
limited power to raise and spend money outside 1t
l win pioceed to show you that they have not.
FRAUDULENT CLAIMS
against the cityand the Two Per Cent act comes in
to prevent the expenditure OF dollar outside 1t.
The truth or untruth OF the allegations on these Sec
tlons must 60 long way to aid Your Honor IN
Cent act SO far as the relevancy Of these Sec
tions is concerned; ! now proceed to prove The
answer admit every fact alleged against them ex.
cept that they intend to issue further bonds In each
ns won S e
accordingly read the supervisors answer and con.
tlnuedl Now, HIS Honor would see that there was
Judgment which plaintilr prays Did iI become the
mastersa What right had the Mayor, the Comp.
trOller and the Board of Public Works to come IN
ana ask 9 relief what their
wiser than the people and the Legislature. now
that they were superior to their masters. zap
the allegations By their
DEMURRER
The city and county admits what we say, but the
individual defendants try 10 deny it, and do so by
contradlcting themselves; and In SO doing make q
most shameless confession Of guilt, The defendant,
the first ten sections and their effect on giving con-
structon to the Two Per Cent act. In his answer
says he is advised they are irrelevant and. on that
account only, Omits to controvert themn AS terri
BILE charge as ever was made, ana the highest Of.
to answer them, shields himself un.
der the advice Of counsel, and "omits
ought to have contradlcted them II he dared. II
won't WON controvert them,O What position for the
You that they Were relevant to the issue TSey are
SPECIFIC, RELEVANT AND ADMITTED
guard the public treasury; that Notwithstanding ali
guard the treasury against Mr. Foley The trouble
with honest claims, who would not increase their
bills at the beck Of an official. we did not hear OF
Garvey's claims came in, then it was mere minis
terial act. Mayor Hall admits that he signed SIX
millions and upwards Of claims but he was doing 9
ing machine In the MAYORS onice. (Laaghter.)
Mr. OGorman here promptly denied that the
Mayor had made any admissions to those charges,
but considering those allegations as TO the past E
revelant 10 an application Tor an Injunction he did
not feel called upon TO answer them as TO the
present issue.
being the counsel who advised HIM not 10 answer
them. daughter and applause.) Were not they
compelled to ascertain In the words OF the act of
1870, "tne amounts found 10 be due !" before they
paid themY What did the act mean but to obtain q
fresh auditing board But the Mayor resorts to the
stamping machine. uaughter.) Counsel then read
the act, and claimed that the words "audit and
pay" and (which shall be found due,u clearly
showed that the intention Of the act was that there
should be another examination of these clalms that
II was not enough TO present tho approval of the
Supervisors and auditor, or Of the chairman Of
A NAAELESS BOARD.
Yet the Mayor pleaded broadly that this was his
duty and his course. Could 1t be that the Mayor
was bound to pay claim he knew 10 be fraudulent
tHe cited from Judge Barnard's own opinion In the
case OF the People ex rel. Green vs. Wood where
the doctrine is LAID down that 1t is his duty to salts.
applause twice broke 0ut.l This was before tine
cnarter OF 1870, which enjoins more strongly the
MayGr nus rha Ms Is IN na law to
face, and the higher duty OF an honorable man, he
came into The Court with this patry plea that his
machine. Now, 1t was charged and admitted tnat
In these six millions were included these fraudulent
Hoar nn Mot hs oa were sney 70 oe aued 6y THIS
volvng two sigma lures Of the Mayor But he says
he has paid no suspicious claims since April 1870;
but all these claims have been paid since 1870 HIS
plea that he has signed
THIRTY-NINE THOUSAND WARRANTS
Is even more paltry, 1t Is an insult to the common
sense Of the community. We all know what the
chief part or these warrants are-r0utine warrants
Tor salaries ana aDorers' pay, Coming N in piles a!
that examination which these other warrants re.
quireI hese warrants were for large amounts, came
examination. Nc might as well say that his profes.
s 0na so aea ;ns deprived
Ri%Rs ES F osuSs3 Ss lS S Ea sa
denied any interest In the LeGder or the other cor
had been charged, with perjury. Nay further, he
COUNSEL believed he had not derived any personal
peSGuniary benefit from the City Treasury, and SO
believing he said 1t as duty.
THE DEFENDANT CONNOLLY
comes next in order. He interposeS no answer but
bOdest and least tricky document before the Court
II proves the alsty OF the answer OF the defendant
Hall. The duty Of the Board Of Apporonment Is to
ascertain the amount to be raised by taxation; out
or that TO provide payment OF interest stocks and
bonds payable by taxation and appOrtion the same
among the diherent departments.
That is what they are directed to do, and when we
want TO hnd out what they did they answer US as
they answer the people, 1T is none of your bust
their minutes which does not treat, as one would
expect OF what they did as to taxes but not word
is there about taxation. So from meeting to meet.
ing, and 1t is all
BONDS, BONDS, BONDS.
All they have done Is to fresh bonds for fresh
purposes, to the amount Of $28,00o,000.
Mr.. Tweed. In his majesty, merely condescends to
copy the section Of the act pointing out his duties
they did not do. Tweed says that they nave done
what the law required before the injunctlon-pro-
vided for payment Of interest on bonds and stocks
the apport0nment made they did not set apart any
portion OF the tax for such purposes.
INTERESTING.
MIR. BARTLETT-Thts argument reminds me of q
text in Scripture-"Fr0m him that hath not, even
that which he hath shall be taken" II no appro-
priation was made did they want the Board to
meet and divide it9
Mr.. BEACH-Your Honor, counsel, on reading
from the affidavit OF my client, has grossly garbed
and grossly miscOnstrued aud mslnterpreted IL.
ask him not to stop at a comma, but to read on.
Mr.. BARRElT-When the gentlemen have all been
heard over again Will go on. did not interrupt
when they were speaking.
Mr. BEACH-Counsel must hear an interruption
when he makes mistakes, and stops at o comma In
O paragraph, Let him read the whole.
Mr.. BARRETT did not stop at q comma. l was
trying to get on. (Laughter.) / will do anything
you please but read history. tLaughter.)
Mr.. BEACH, hope this won't be met by q lest.
Mr.. BARRETT have done very little OF testing
here. These matters are too serious for testing ii
alluded to 1ests might say something not agree
able to the other side.
Mr. BEACH, hope You do not allude to me9
Mr.. BARRETr-I have nothing to say to YOU ex.
cept that you made very good speech on our side
yesterday. (Laughter.) They have succeeded I'm so
thoroughly confusing my little IDEAS tnat / beg the
Court, as the recess hour has arrived. to take q
recess
JUDGE-very well. am very much Obliged to Won
N w n w a n N