New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-08-17

that the bill was properly audited and allowed by pay
ing portion OF 1t ON the 9Th day of December 1862 and
ing such payment he "approved OF tho vouchers,
oaS by Se a .ssn the
| Act OF 1851 Laws 1851, vol q p. 1885, People rel
There is, therefore, answer which can be made by
the Controller 10 the claim OF the reator far "a these
% a they
materials ACTUALLY furnished 20 The Court House. duly
Other legal reason preference over he Bill T6e appro-
priaons OF 1870 and 1871 such balance OF them as has
of the amount due the REALTORS bill Counsel here
read the PROVISIONS OF the act IN question: The moving
sG% that HS ssy Ply
ordered or done prior 70 the time these appropriations
were made and prior TO the appointment Of the Commits
The appropriations of 1870 and 1871 being therefore
applicable TO the payment OF the amount due on this bill
the only other question Ia whether any other vouchers
are necessary TO entte the elatOr to payment out OF
these appropriations beside those which annexed TO
the moving papers. We submit first, that with respect
to any portion OF these appropriations In the hands
of the Commissioners other necessary;
second with respect to portion Of these appropra-
tons now In the hands OF the Controller, no other
vouchers necessary The effect Of the act Is to make
the Board Of Commissioners SIMPLY successors in Office
OF tho old Board OF 80 far this particular
work concerned We therefore submit, finally that it
/. II the Commissioners have enough Of the special
Court House appropriations In their hands 10 pay the
amount Of the BILL to Issue mandamus TO compel them
to do 1t.
appropriations in his hands TO pay the BILL to issue
mandamus 10 compel him 10 do 1t.
without reouisition from the Commissioners il is its
duty to issue mandamus TO the Commissioners to give
such requiston and to the Controller to pay on re-
That the relief in shape or other win be given,
even II II Is claimed that the appropriations have all
the Court that they have all been legally exhausted
g. Unless relief can be given in one Of the modes sug
gested the reator entirely without remedy and will
be subjected to the absolute loss of just debt He has
Mr. OCorinan in reply to Mr. Robinson read tho afl-
dav OF Controller Connolly, which states that the Con-
this ea that all the moneys authorized by the Lesis-
lature to be raised from time to time have been ex-
funds remaining in the County Treasury and legally APP
pcabe to the payment OF liabilities incurred m inc cree
raised for that purpose by the Legislature OF 1911 ana
deponent further AYERS that no other payments have
been made by him unless In accordance with law s ne Is
advised.
damus they must get that nothing They cannot ask
a mandamns or such other relief as the Court may
think proper They ask for one thing and they must S
amount don't say it Is not just claim am not in,
ont e Of %S Sc this P sri ne @ The
saying to the Court, tissue a mandamns thas'
pdS officer wne pay !. 5000 p sq GEAR
has no money s an sOsurdy on N.Y. G leSIped
ler's "informatOn and belief" an nsnua'on The law
presumes that public officer has done his dqty, and
relevant why or how the Controller paid Mr. Garyey II
the money gone IL Is not 10 be had and cannot be PAID
bty The fund OF ia to be paid out In the one way
provided for it by law, and that Is to the Court House
who has bill TO be paid must as far as the und oil 1911
is concerned apply TO the Commissioners themselves l
hold that Controller has done all III this case tat te
law requires him to do
The hour being late further argument was adjourned
until II this morning
| THE FIRST MATE OF THE SHIP COMET HELD FOR
ToRTURING SAILOR.
The examination of William 4. Bray, first
mate Of the ship Comet. from San Francisco charged
with cruelty treating the under him, was re-
| sumed yesterday, before Commissioner Shields.
Joseph Barry testified; seaman on board OF the
Comet during her last trip from San Francisco to New
York. tho mate appeared to be down on Brady ne gave
him homework than he any other man. when Brady
spilled the deck, the mate told hun not 10
spill the water and then knocked him down. and pounded
him with his fists; he was aferward put In IRONS when
the mate had him down he held him down with his
knees after Brady put in irons he was shut up In
small room; him when he was triced up, and his
toes lust reached floor he cou Id not stand
his feet; he troed at m, and taken down at
bad indeed Brady kept in the small room for eight
days. shutters closed most Of the Time ana not
much air could get in; when Brady out OF this room
he looked Sick this time the weather was very warm;
Brady show any insubordnation; ne always
did his work readily and web; never saw the mate
abuse any one else. -,
CrOss-examined- extra work Brady did was
poundng the rust off the sheets and chansj TINS was
necessary work; heard Brady call the mate = 5;
this when the mate had hun down; ,When Braoy
spilled the water the mate jumped on him without saying
word the did not strike him until he was down;
the windows of the room IN which BIaay %as Gohag
boarded up the outside, and the shutters were
closed on the inside. i, ,,,,,.-
F. Covi testified: i second mate or the Comet
when Brady was washing the deck told hun not to spill
the water; he spilled purpose ana the nrt
mate told him 10 mind what said; Brady repned Il
am not talking to You, you id =; the mate then
caught him by the collar and threw him on the deck
when he down the mate did not strike MN saw
him when he was up and he could stand square
on his feet II he wanted Brady did not havea GOOD
character shipboard. ~, ,.,
The testimony OF Frederick Lander the steward OF tne
Comet substantially cOrroborated that OF CoVlll COM
missioner Shields decided the preponderance OF evil
dence was against the accused and held him IN NOoO
bail t. await the action of the Grand jury
A REVENUE QUESTION" ORIGINAL PACKAGES
OF PERFUMERY.
Commissioner PleasoI toms predecessors uni
formy held that foreign perumery duly imported and
paying duty on the original packages In which II mad
been mt mn for sale by the manufacturer could be
legally sold by importers without axing revenue stamps