Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-05-05

The Osecuit Court was opened yesterday
morning at nine O'Clock, and the case OF
Ray va the Mayor and City Council o
Nashville was taken mp. This suit is
brought by plaintiff TO recover about s., 700
on checks issued by the city under the
Alden administration, in 1868 and 1869,
Judge Cant and Michael Vaughn, Esq, at
torneyB for the plaintiff, and Hon E. b.
Ewing, lodge VIM. Cooper and John Lei
lyett, Esq, for the defendant.
By request Of Judge Emmons, the coun-
sci for plaintiff and defendant, day before
yesterday afternoon, submitted to him
their briefs upon the points of law which
they considered involved in this case. Yes
terday morning Judge Emmons stated to
the counsel that he hal examined the
authorities submitted and such Others as
he had been enabled to find, and be would
state to the counsel that from the view he
took Of the case, the checks issued by the
then authorities Of the city would be adj
mitted as evidence, holding that whether
or not there were irregularities as the
issuance Of the checks was not question
which could be inquired into; as to the
holders Of the checks and the public had
a night to presume that he city authorities
had done that which they were required to
do as preliminary to the issuance of these
checks ,... . .--- -.
The counsel for the defense stated that
there was one of the checks, for one thous-
and dollars, which was Of different char
acter from the remainder, having been is
sued and placed with the payee, Mr.. Sax,
as collateral security for money loaned, and
for which q note bad been given, this note
stating on its face that unless the money
borrowed was paid at it's maturity, then
Mr.. Sax would have the authority to sell
the check and appropriate the procee DIS
tc the payment Of the note. The counsel
further insisted that this check had been
sold previous to the matu ity of tire note
for which It had been deposited as eollater-
al security. Counsel for plaintiff insisted
that the sale had been madein accordance
with a subsequent agreement between the
Finance Committee and Mr.. Sax, and that
the city had recognized the validity of this
transaction By subsequent settlement
with Mr.. Sax for the amount obtained
from him.
The examination Of witnesses then COM
menced, and the testimony of Judge Mills,
former City Recorder, G. Ii. Fogg and j.
Sax was taken.
At the afternoon session, before Judge
Emmons, the case was continued, and pre-
vious to the adjournment the judge stated
to the counsel that they could have until 9
o'clock this morning tdprepare any points
npon which they desired him to charge.
During the proceedir IS Of the morning
Session-the grand jury came in and re-
turned various indictments. A petition
was also presented to dismiss an appeal on
the part of defendant in the Court of
Bankruptcy in the case of Cowsn, Brad
shaw & %. vs.. Minus Cannon.
b. s. Bank, Esq, was admitted IS an
attorney.
BEFORE JUDGE TBIGG.
Yesterday afternoon Judge Trigg held a
separate session of the court in the Su-
preme court room for the trial of the case
of the United States by libel and infoIma-
ton vs. the steamboat ''Newsboy" for car
ying passengers and freight without pay
ing q special United States Internal
Revenue tax, Assistant District Attorney
R. s. Tuthill for the Unite States and P
Martin for hbellee. The case was con-
tinued for further hearing.
Judgment was taken by default against
ID. Sax Il Co. by Lathrop, Ludington 4
Co., also N. W. Buntis & Co. vs. same.