The New York herald., 1871-09-13

sunerfntendent, granted dcponents application to
"deviaIe,r and put up such walls. Tne order WAS
PRESENTED the next day to the superintendent who
said no did not care for the order and refused TO
issue the certificate thereof. The houses are not
Inferior any houses IN the Nips!eenth ward, save
a few diners. II sixteen inch walls are enforced in
all cases deponent Will be governed thereby; but
there are not brick enough In market In that case
for all the new buildings now going up. The cost
viii be enhanced at the eventual expense OF hard
of %oyans ysInsbe tenants rna ana y Feay pcag3
neither safety security mol stability viii be promoted.
Deponent is advised by competent mechanics and
architects that 1t Is an absolute waste OF ana
material TO carry the stxteenlnch wallis OF his two
narrow houses to the roof, and there is not six
teen,inch party wall IN the same block or negnbor
IN the neighborhood; but there are Twelve inch
walls OF poor quality. as the superintendent well
pepcnens is aSysea By legal ana
judicial authority that the act Is unconstitutional
entrusted 10 improper hands. DepOnent believes IN
agood building law. honestly enforced, and not full
OF exemptions; but this act and this superintendent
UepCnent makes this statement with all respect to
the Court; but 1t is due to public justice that the
property, and the motives therefor. should be fully
exposed and characterized. And In this he speaks
selves the Victims Of iyrannica ana insoient and
unfit officials, but such citizens being private per-
sous have hitherto been afraid TO speak.
The superintendent has intcrfered with depOncnt's
builders ana men by Injunction; the sidewalk aud
street contain brown stone and building material
which deponent desires to have Immediately used
and the street cleared up. The superintendent has
commenced two actions for penalty against the
builder; he has commenced one action for penalty
against dep0nent and asks for COSTS SO that Farrell
may i've, and he has notified depOnent 10 take down
some OF the best twelve-inch wall ever put up the
Nineteenth ward under pain OF fine aud hnprlson-
ment, while allowing other tweye-inch walls to
a a@d ali IL s a 'e S
Of the spirit and intent OF the exemption order
BY he N Court T. 9esyss
creates or fosters the tyranny Ignorance and cor:
ruption here complained OF to be against all natural
In Grey's "Eeey"-
some village Hampdeu, who. with dauntess breast
Tho petty tyrant OF his Held w.thstood,
now animates deponent and inspires him to make
the matters herein stated subject OF very earnest
Aud this statement is maze at length by ad-
vice Of counsel and ior the purpose Of institutlng
an examination before HIS Honor the Mayor 10
for Justice ana relief A. B. TAPPEN.
Sworn before me, September II, 1871. BENJAMIN
F. HAsKIN, Notary Public. Wes.chester county.
Glancing over these afidavts. in connection with
others submitted in the case, Judge Barnard cx.
planned
HOW THE INJUNCTION CAME ABOUT.
When he granted it, he said, no had no idea 1t was
against Judge Of the Supreme Court. and sup.
posed, from the papers, that he had no discretion
except TO grant the order. He had since examined
tNe law, however, ouu lOuuu Ic Hdu u ulSCrcCOus
Judge Barnard, continuing in tone and expressing
himself with on earnestness OF purpose likely TO
bring grief to the parties in the peculaons referred
to, and TO all others directly concerned in them,
sald ] now
vAcATE THAT INJUNCTION
obtained on an &c ldrte statement and as am salts.
ned, by fraud by those engaged IN this business.
dtsgraceiul business Is carried on III connection
tions obtained as this was and which, according TO
Judge Iappen'S AFFIDAVIT. was gross fraud I'd and an
outrage and calls f0r tho interference OF the Grand
Jury. When the application was made to me lor
an injunction in thls case l did not know
Court supposed that S''S The " law wv was s'Ic i'm.
perative on me to grant the application,
perative on me- ana when informed that, accord.
ing to the representations OF these parties, no
tllcate TO erect building In the city of New York
was 10 be obtained except on the order OF an ator
ney obtained by the payment OF a sum OF money
varying from ten collars 10 thousand, when they
outrage that was IN this case committed. / viii
now sec II ! cannot put stop to officers
ties on the ground that some OF the money tnus
frauduently obtained had TO be PAID over to the
ing immediate and thorough investigation before
the Grand Jury, to whom II shall be presented at
Judge TAppAN-Your Honor, ] am informed by
gentlemen in whom ! have tue fullest CONFIDENCE
that the attorneys parties to the fraud are named W.
prepared to make a!lidavits TO the same.
Judge BARNARD-The order is dissolved.
order dissolvng the Injunction Judge Tappan, ac-
companied by John b. HasKins and Thomas O.
Fields, his counsel, left the court room. Following
close on to their heels also Micnae J. Farrell,
counsel OF MIR. Macgregor. and his essay at an
ExPLANATION NOT LISTENED TO.
81 want TO make an explanation TO you, Judge
Tappanu said Mr.. Farrell.
am listen to nothing you nave to say" replied
the Judge.
'Why notW asked MT. Farrell.
notice.n
"But word, Judge"
"NOt word.n
81 beg Of you to bear me-"
81 won't hear you."
'Tnere are circumstauccs-n
"Not word from you. go away"
MT. Farrell pursued the Judge through the ONCE
OF the Clerk OF the Supreme Court Chambers and
some distance in the hall outside, pressing mis- en-
treaties to be heard, but the Judge persstently
turned deaf ear upon his entreaties. Mr. Farrell
gave the matter up, but
COMMENTS OF THE CROWD
who had witnessed the scene showed that the latter
had not given 1t up.
"Got the wrong pig By the ear this tlmeo said one
with That choice OF succlnct and emphatic phrase.
ology so peculiarly characteristic or the hangers !
about the court rooms.
".Ihe Judge has got the wiley Macgregor in
tight b0x,' said another.
''Serves HIM right" exclaimed still another "the
Department OF Buildings been the biggest black
maling concern IN this city for long time, anu l
know n.n
And thus the comments ron on for some time,
showing decidedly strong current against super
intendent MacgreSor, with not one to utter a word
in his defence.
TIE NATIONAL GUARD.