The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-04-16
BROTHER" 0LIvER'S ELL.
SHALL MURPHY BE EULCTED?
Two Republican POLITICIANS in the Sixth Distr Ct
Cour.-Murphv's Printing Bills Of '6S Sin
Unpaid-Wbat 10 tho Legal status
Of Political Club Judge
Lans Reserves Decision.

In the Sixth District Court yesterday there was an
interesting suit tried bet ween couple OF prominent
republicans which presented some amusing
gnmpses OF political life behind the screen. Ths
plain,ir was the weh known Isaac J. Oliver; the
defendant was the better known Tom Murphy, OF
the Custom House.
The plantllr alleged that in the campaign OF 1868
he was ordered do some printing for certain or
ganizagion known rs Tie Griswold and Cornell
Campaign Ciuo he felt doubtful about supplying
1t without the personal guarantees II q solid man =
for he had enjoyed sal experience OF the pecuni.
airy faithcssness Of political organizations-and he
therefore applied to the president OF the club. Mr..
Murphy. Mr.. Murphy told him it was all risnt and
10 20 ahead and he would see him paid. He did 30
ahead aud printed the bills and posted them, and
then els in an account for two hundred 0da dol.
lars. durphy told hin TO
TAKE THE RlLL TO roUcEY.
Toucey said he had no funds left and could not
pay II, but cheerfuliy endorsed It as correct Oliver
sent the BIN several Times to Murphy by his son. but
without satisfactory result. though the Collector
never reaudaied MS responsibility.
TO election over, Oliver got anxious. lie met
Murray ana Murpas ioid mn, 70 De az Inc Asto c
there-tne evidence did not show whether room
M. was suggested-and would settle everything
up. Ohver-iLnocent oliver that no was-weDt
tnere hut Murphy. It. - perhaps scarcely neces-
sary to add, came not. "Ae did not put IN an APP
u
Al last however, Murphy was brought to bay.
He then came OUT squar1ly anu SAID he had spent
as much on the election as he INTENDED 10 spend,
ana was not going TO pay oliver or anybody else o
OLIVER FELT BAD
but let the matter drop, hoping that year or 40 OF
the lucrative Office almost directly afterwards given
t. Murphy would induce him 10 pay So just a 0ept.
But time ran on, and AZ last Uhver determined ~
ne has brought it. and hardly Is 1t being fought.
The legal wTlg1llnJ o. wncn IL has peen the occa-
Ct.k 70 IN tvlr ktrat nT
al, Murphy's lawyer moved 10 dismiss the CON-
plant on the ground that there hai beea an rgegn-
arity III serving the Summons. On the Crlglna AL
davit Murphy was described ~
THOMAS MURPHY, PRESIDENT
OF the Griswo!d and Carleil Campaign Cluh,"
whereas he mad been dragged to court On u sum
mons against Thomas Murphy individually. Judge
Lame repe1 thai In such cases me Court OF Appeals
mad, by receut decision. made IL his dity TO amend
the Summons III conformity with the pleadings. SO
that dli iuiiy was surrounded.
There followed. IN the &C urse OF the evidence. an
almost counties, swarm OF objections ana excep-
lions and other like evi' birds o. law. II was clear
that Doth sies We're Determined III event oi losing
case up to the Cont Of Appeals. The main point
made by Mui phy Was that the
GRisWoLD AND CORNELL CLUB
was never Incorporated pursuant TO statnte and was
therefore supple partnership. II 1t were ~ pare
nership, Oliver the pla nlf. being also member II
the organ iLat0n, was puwerieS3 10 sue against vi mr.
phy, for OF course one partner cannot sue another
In such q case. the responsibility oclag mutual
AS in all cases where politui4ns were concernei,
there was great deal OF hard swearing divers
partner Is
his son JOHN
ana John. so swore Murphy and Keach rhe secre.
tlry OF the cub was an active MEMBER OF the club;
mad made speeches. and notions and had generally
been very conspicuous hgdre IN II. John, Oh the
other hahd, sworc positively that he was never q
m snber OF the cub, and taat he had never ON any
occasion been present. at one OF It's meetings. IL
was clear that somebody was
SOWING HIMSELF AWAY
lying very nagrant,y but whether 1t was Murphy
and keech or whether II was John Oliver the usual
Character oi The parties can alone decide.
Judge Lane said tae case clearly turned upon the
point OF law whether an ORGANIZATION OF the Kind III.
voved in this SUIT could TIC suei collectively. lie
resersed ilLs decision until Wednesday.