The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1871-09-16


word denied OF the acts Of fraud charged
in the first ten sections. He asked why
does the Mayor ask different relief from
that asked by the Supervisor The Mayo
and commonality admit the allegation
by their demurrer, but the Individual dc
PENDANTS seek to deny them, Mr.. Barre
continued to review the acts OF Mayol
Hall and charged him with making
paltry excuses. He then proceeded
TO the case of Connolly, whose affidavit
he said, was the boldest and least tricky
document before the court, and which
proves the falsity Of Halls answer, HC
argued that Tweed and ConnOlly's an,
sWers contRdicted each other.
Mr., Beach, interruptinG, charged Bar
rett With grossly garbling Connolly's
affidavit.
AZ q brief but sharp controversy be.
tween counsel about the manner OF con-
ductihg the case, the court took recess,
After the recess Mr.. Barrett resumed,
he quoted the affldaHits of Connolly and
Tweed Tn show discrepancies, and de-
clared the affldavits Of Cunningham dc.
vices to mislead that they were con-
tradicted nv nortions of Tweed's and Con.
noIIv's own minntps ~
He argued mat the Supervisors by
coming iSto Court md nravinT C0r iudS.
ment on the pleadings were stopped from
making the objection; that the plaintiff
has no standing in the Court, the cist.
nique( (Y) trust can follow his property
wherever he finds it, whether in the
Lands m thnoc named as trustees or their
scrvanS, or not their servants w or con(eder.
atea / NOW come IN thn cnnstruction nj
Ihe Q nor cent ort and meaning NJ ,he lncia.
iainre in nassinC II - Wv %"
Jndge RaTnard@I came IN tbo corcr,.
oion @ os ,hot HAT /, ia cnns,itn,ional I'S NV.
cant cant so ~ Car "s dockS and nj Morks arS con.
corncJ " N''' " '' ''0 - '0
RSrrc,..-.I, 10 soiJ that If Won cont,ro
,ho citv ~ tho monSv @ SNscife1 in IN that act
uon S sIon w M tLo % whco,S of Sovernne"t @ M
bHt @ Il "HtborI1eo ihn ronnd ann of SSa
OnH a06 TLnw oIso roco;vod a. mn iron,
consols and ihcv don't teII ~ what thet
Jono wlth tho ,n9nov % Tho counsel nj.
led thot he was sire that Movor Hail
v" S' o, nU s%Ie oNS
tsrred to in the first ten sections
AZ tho close oc Mr. RsTreit'a Srgument
Judge Barnard rendered the following
flecisIon:
Judge Barnard said, .m. 4
"With regard TO the point raised that
.he two per cent act was unconstitutional,
he would not declare the act so unless Il |
was very clear on the case, and he had
no such clearness, and would not take
Lhe responsibility, and would prefer that
d should be heard more maturely, The
having a clear right 10 sue, brings
action against the four defendants, officers
oi the city government, asking, among
Other things that the Supervisors been.
Ioined from raising the taxes Of 1871, un.
iii certain things shall have been done;
second, that the defendants be ordered to
meet as Board of Apportionment, and
10 certain things third, that the Board
IF Supervisors be restrained from paying
The claims until the Board Of Auditors |
meet and set them apart, fourth, that the
Mayor, Aldermen, and Commonalty be
from paying any expenses, OK.
,ept as tho Board Of Auditors set them
apart; fifth, that tho Comptroller be re.
strained from paying claims In excess of
he amount set apart by the Board Of
A ApportionmenE, and from paying any
lebts incurred to tho New York Printing
Company, New York Transcript and
leader Association, and Stationers Com
,any or any of them, and that he be re-
Itralncd from raising on behalf of the
,ity and county Of New York and Board
II Supervisors, from paying any expenses
II The government Of the city and county
or 1871. The complainant also charges
conspiracy on the part Of the three defend.
Ints by q combination OF collusion and
raud 10 obtain payment for dishonest
,laims on the city and county treasury,
md they did other acts of wrong and fraud,
md that the allegation Is made on infor.
nation and belief The three defendants
leny 1t, and the defendant Tweed denies
hal there Is any truth in tho allegations.
MIC Comptroller denies II in tho same
yay, and Hall denies 1t in language
u1ally asstrong The amount Of belief
o be attached to the statements as made
painst tho defendant, Hall, can be weigh.
d by the statement OF counsel for the
,eople, who last addressed the court. He
i'd not believe that the defendant was
,ersonally interested in any of the com.
,anies or associations named in the
harpes AGAINST him. There are points of
aw IN he horne IN mind that where an
'ilepaiion Ia made or information given
N 6ne side. and positively denied on The
,ther IL il he taken in favor of the person
Isnving unless other circumstances
br9w dIscredit on the man making the
,oajtive denial They also charge the
i ] roo defendants with having rnn he citv
nto deht and having incurred vast liz.
,ii;,ies NM Ear IN excess n the annronriations
'iiowed bv the Legislature. Their an.
,yor ia that The two iner cent law did not /
W. "l IL IL =, ,'so,,,ors,,, av;,,;nT ~