The New York herald., 1872-10-04
SUPREME COunT-CllAMBEaS.
A Rcminiscencc-Patc Pavemcnts.
Before Judge Leonard,

A Rcminiscencc-Patcnt Pavemcnts.
Before Judge Leonard
In 1869 the Common Council resolved to pave
Fourth and Fifth streets, from the Bowery to Man
gin street, with Robbins patent pavement, and
directed the work to be advertised. Mr. II. w.
Twendy being the only person authorized to furnish
that pavement, put In q bid at SIS 80 per square
yard and his bid was, after the usual delays, ac-
cepted; but meanwhile the Common Council had
decided not to go so far as Mangin street with the
experiment, but to stop at Lewis street. New laws
and last years politics interfered with the conclu-
sion Of the contract. Mr.. Twendy, under the law ap
pointing board to inquire into contracts, applied
to that board, OF which exJudge Sutherland was
the presiding member, and obtained from thst
proposed paving to Lewis street. Mr.. Twendy
thereupon applied to Commissioner Van Mort, and
Leonard in the Supreme Court Chambers, for a
mandamus to Mr., Van Mort to have the contract
executed, aud the argument on that application
On the part Of the Commissioner OF Public Works
1t was argued that the relator proposed to lay
could not be laid down except on the
petition OF majority OF the propertyhold-
ers eat the s h
ceedings OF the Common Council; that no bids had
ever been put forward for contract for pavement
tract approved by the Board OF Contracts was the
contract to Lewis street, which had never in any
way been authorized, and that at most their ap-
prOval merely removed the objection that the bid
had not been properly advertised.
On behalf OF the motion Mr.. Develin urged sSat the
judgment OF the Board on Contracts negatived all
ideas OF fraud and irreguarty; that the contract,
therefore, stood as an honest and regular contract
awaiting execution, and that the question Of orIgi
nal right to lay such pavement, when the Mayor
had approved the action OF the Common Council
had been settled in favor Of the municipal authori
ties and Of the relat0r.
Decision reserved.
The Lunatic Asylum Murders-Applica-
tion for. tho Discharge OF Farrell.
An application was made yesterday to Mr..
Justice Leonard, in the Supreme Court, Chambers,
for the release of Thomas Farrell whose brutality
is alleged to have hurried two patients In the
Blackwells Island Lunatc Asylum to the grave, on
bail.
Mr. Howe, his counsel claimed that the accusa-
ti0n against Farrell was unfounded and in part an
effort by DR.. Echeyerra to save himself from
blame and that On examination Farrell's inno-
cence would be fully shown. He would not
make this application but for the fact that the
crowded state Of the calendars would delay Far
res trial.
The application was opposed by the District At
torney on the ground that the charges II true, pre-
sented an unusually brutal case or murder, and
that the sessions OF both Oyer aud Terminer and
General Sessions presented an early opportunity
for the trial OF the criminal.
The Court reserved its decision.
Decisions.
BY Judge Leonard.
In re Jane Murphy.-Appcation denied and writ
dismissed.
The Hercules Mutual Life Insurance Company vs.
costs Of motion.
Mary Frances Maine vs. Peter Maine.-Report
OF referee confirmed and judgment OF divorce
granted.