The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-08-08
Mechanical Garvey Opens Andy's
Secret Budget.
The PlaSterer'S Transfer Of Property
and Visit to Europe.
WORK DONE AT BARNARD's HOUSE.
Prosecuting and Defending Coun-
sci crest" Their Case.


sterling went to Poughkeepsie to procure an order
from Judge Barnard; It was on Tuesday morning;
no one else to my knowledge went from Albany
for that purpose. Witness was shown the orders,
but could not recognize them as it was SO long ago.
He observed that they had the New York County
Clerks seal, but he did not know OF their having
one In Albany at the time
JOHN srRAHAN ON THE STAND.
John H. Strahan, counsellor engaged in the ao.
ti0n Of Foley VS.. Hall, Tweed and others, was
sworn-He detailed the circumstances which called
for the actions which grew out OF the great Official
frauds; Tweed, Sweeny, Hall and Connolly were
made parties to the action, because they had absO
lutte power in the government; 1t required the
unanimous approval Of those gentlemen to tax tho
citizens and to expend the money raised by taxa
ton; they were expanding $11 600 ooo the effect Of
the Injunction issued by Judge Barnard was
to restrain the expenditure OF any money and
the issue Of bonds Of any descriptions that in
junction served to arrest the proceedings
of those gentlemen The injunction was applied
for on the 18th OF September There was ON argu-
ment an entire week. The various defendants
were represented by counsel. After the argument
Judge Barnard continued the injunction, on tho
ground that the city finances were in such condt-
ton that 1t was his duty to do SO. The necessities
OF the city required a modification Of the order.
Green was appointed Comptroller and to carry on
the government this modification was necessary.
The proposition was opposed by the counsel OF Tweed
and Others. they claiming that the. Injunction
should be swept away entirely; but Judge Barnard
granted my application for a modification and en-
phaticaly refused to modify the Injunction; so Tex
as the department Of Tweed was concerned this
injunction was the opening wedge for getting at
the revelations concerning the frauds upon the
city; Green was put In as Comptroller and then wo
got at all the information:
swEENY APPLIED TO JUDGE 1NGRAHAx
Tor mandamus, whereup0n Tweed's counsel ap.
piled to Judge Barnard for modification, so that
improvements could 60 on under the Two Per Cent
act; argument was had. and Judge Barnard mado
O new order permitting Tweed to go on under the
unanimous direction Of the Board Of Apportion-
ment, but Green was o member OF this Board, and
unanimous consent could not be g0t-thus Tweed
was tied up; these proceedings caused grenk
change In affairs and great reduction OF govern
ment expenses; large numbers Of sinecures wero
cut or and a saving to the city amounting to mil
Cross-examined by Mr.. Van Cott-was the erect
Of that Injunction to stop the wheels Of the govern
ments
Witness-Judge Barnard said such an order
might have that effect but that there was no ether
way do than to tie UP these men; but the wheels
Of the government were not stopped for the res.
son that when we got the Injunction 1t was mOdi-
fed as to allow the wheels OF the government to
be run again; the order was proper one,
To Mr.. Beach-The revelations which brought thu
frauds home occurred after these proceedingsf
there were frauds or not for myself did not really
believe there was Judge in New York city who
before went to Judge Barnard to apply for the in
junction.
Mr. Beach then stated that this closed the case Of
the respondent with the exception Of reserying
the examination Of oliver Charlick.
,o. THE MECHANICAL GARyEY
sworn, and testified that he had general charge Of
the mechanical part Of his brothers. business;
supeSnts en- the work at Judge Barnard's house
In the fal or 1858; work was done In two small
chambers up stairs the hallway and dining room:
on another occasion other work was done, some Of
N Mrs. par NAs cs~~
work In all was done.
Cross-examined by Mr.. Bcach-Never was con.
general superintendent for Inn about ten years:
he has been In that business some twenty years:
never knew him to be a musician at dances or pub
lie festivities; ne has conveyed property to me; Is
lars; can't say how much; house or
am not positive which, and some vacant
property up IN Madison avenue; ordinary Rn':ding
lots say yhsrs the ots from oud
$75,000 own the house and lot live In In Fiftieth
street and also one on Thirteenth street; l am
AFRAID to state my idea Of the value of the lots for
fear 1t would not meet your views;
CANNOT SAY HOW MUCH
paid Andrew =. Garvey lor them got them all
they are worth about five thousand dollars each:
there were also two or three lots on Fifth avenue
near Seventy.second street; don't know what they
were worth; $40 was the consideration named In
the deed; paid the $40; don't know where tho
house oes there was notary andrews We Hndrev
and myself were present; ! presume there was Q
lawyer present; don't recollect his name did not
pay any Otner consideration than the SIC for the
property; received no other property; received
bonds and mortgages to liquidate his debts; there
were three MOI tgages OF $40,0 600 each which sold
to pay his debts also received some worthless
stock; the deed was executed In August or Sc e.
NY BROTHER WENT TO EUROPE
In September or October, shortly after this deed;
he returned In January succeeding; knew there
nj hes
erty to his wife at the time have made no negO-
tiations with the city authorities as to claims
against him. don't know Of his wife doing so; never
wrote to him while abroad about such ne
gotiations; never did any work on the house
o oard ao% house was Done in the fail Of 1ss
and again year after don't remember that his
family were at home while doing the second loL;
certainly saw Judge Barnard there twice; cannot
tell exactly when the work was done
To Mr.. Van Cott-Our workmen frequently work
whether they thus worked on Crcamer's house;
when my brother conveyed this property to me /
a Ma 70
tended the work Of Judge Barnard's house, don't
know as his name appeared on the fraudulent war
rants which passed through the comptrolers
office.
MoRs susQuEuAsSA RAILROAD BUSINESS.
]. II Ramsey was called and sworn.-He was
President OF the Albany and Susquehanna Railroad
Company in 1869; after stating the commencement
OF the litigation he said that Judge J. X. Porter
at the election legally 1t was not subscribed at mid
night, as stated apOrtion of was subscribed at my
house about nine O'Clock In the evening, and the
remainder was subscribed at the railroad ONCE
next morning. witness then described the man.
ner In which he was arrested, and the manner in
which David Dudley Field treated him, which he
characterized as Insulting.
Witness showed by the use OF figures that
throwing out the $1,000 shares referred to and the
Gr0eSDeck shares, there was majority for the
anti. Fisk directors.
The witness was not cross-examined .,
"REsTING" THE CASE.
Tba nrooa ftnn "a h0f
rested their case.
Mr.. Beach asked II oliver Charlick was in court.
and there was no response He then said he could
not ask the Court to wait for him. and said that tho
counsel would rest their case.
The Chair asked II counsel proposed to argue thu
CASEY w
Mr.. Beach replied that IL had been proposed that
one OF the counsel for the respondent shoujd All.
dress the Court, but az the evidence was not nj,