New-York tribune., 1872-07-17
PRICE FOUR CENTS.

: rOnUfy TnNTr VIZ,
and could pay when pleased, because forsootb, ths
Legislature Of the state had authorized the county 10
issue the bOndsf He said hs respect Tor this Court
would not let him detain the Court much longer this
point Tho county officers had disposed Of thus money
the county or the staei II In this case II belongs
the state does not the idea apply 10 all other cOun
ties OF this State; and II where is the authority
The counsel then argued length the obligations
Of the county pay these bonds Ie asked could the
called the attention of the Court TO what the Consn-
ton said about the State assuming such obligations He
Supervisors cousve aud brought only 10 interiors
with the suits subsequently brought by the State. 10
such suits brought provided the State was entitled 10
bring suit Then why. nc asked, is this ayernent made
berei Therefore, he could not sec how tine plaintns
couid be strengthened by bringing these sus He;
as counsel had 10 interest IN those splif ne only wan
track, aud is welded by legal hand He called aten-
ton TO the fact that In the complaint there was no aver
ment against Tweed Of fraud. There avermeut
that after the money was deposited IN the BANK ne par
cpaed IN is division but even In this there Is no aver.
ment OF fraud on his part
MR.. CoURTNEY's ARGUMENT.
Samuel J. Courtney then opened the argument In tho
OF Connolly. He said this case, which was similar
to the Tweed case had been ably presented Dy tho
counsel who had iust taken bis seat that but little was
left for him say. He began by referring 70 the decA
| ration made by Mr. O'Conor that Judge could or
would sustain the points raised by The defense that
| they frivolous. Counsel maintained that Nr;
Judge Learned also that Of Judge IIogeboom. Tho
@en o1aeF GsSarsq ceanse read from one Judge learned
opinion TO sustain what he said He said "
his on be mere dcta OF the counselor upon the cry ~
"Tbief thief The counsel then read report - show
that Judge HOgcbOom also considered the point raised
important-so important that in his condition Of health
he could consider and render mere pro t0rDid de-
con so that the case might De carried up TIE counsel
ben asked II IN was not time FOR the counsel on other
side and the public press 10 cease their cla0r at th'
points raised by the defendants of consequence.
a. to the ease OF Mr. Connolly the complaint had
been verified by even the father Of all me compalnt''
Mr. Tilen. Counsel then stated the Of Connolly,
and claimed that it would be clearly shown that he ~ad
entirely innocent. ,
the right Of the state step in and bring suits such a.
these He denied this right and challenged the prodnc
given these gentlemen by the Corporation Counsel
TO bring these suits but he did find
by whichlt was proposed 20 institute sueh ptoyeedI5'
would secure the return OF tlis money to those 70
whom 1t belonged Those proceedings have bccn ns-
tuted The only charges against Connolly were thlt no
had neglected his official duties, and the amounts ara
to this We say: Connoy's duties were official, gov
emed by statute, and we Insist that the people
of this State have right 10 call him TO account for
neglect OF official duties, even were he guilty OF IT.
Where Is the authority which gives the AttorneyGeA-
To recover lost by his neglect Of duty To whom
did this money beongt pa II belong 70 thg st2ieI 10
what right do the people Of the State claim Whome
mentioned in the bcndt Is IL tue people OF the 5ta.f
them r and the money 10 paw them is 10 come rom tho
taxable Inhabitants Of the City and County OF New York
The people OF the state have no interest whatever ~
thcm suppose the State recoyers tis money what WI
It with iti This was one OF the questions which
troubled Judge H0geboOm"
During Mr. COurtneys remarks he INDUCED rather
personal allusion 20 the gentemen opposed alr OCOnr
and Mr. Tden). lie said want 70 remind the gen.
tlemen OF little hit OF legislation OF theirs II - yey
pertinent to show that the gentlemen when they cams
70 get theT G bsy yev Gr tn bsre wa contyo
and there vas County Treasurer and Controller aud
and member Of tie Legisature under the advice say
avowedy OF Mr. 0'Coner) Introduced bill here for tLe
purpose Of having post Jdct0 law TO give 10 stati
in Court, which never before existed 4ud never coui
EXIST when n 10 be subjected 20 the test OF cri-
.isu nd ind oia o.
bit of legislation and 1t Is pertinenst0 SHOW tbtt
6e 6f the services they had rendered did believe
there was County Of New-York, aud there was
people there. Of whom their could be got 0y
The imposition OF taxation 10 pay for their services
kindly and gratmtouSy given, b9t snDsegueimity paia
for Now, wnat was that bH which was Passedi ~ Nd
these gentlemen SJOCOOtOr tcA services IA P3eC@.ns @
these SUITS don't know how true u Is; nut they nave
Mr. OConor says has no existence that has been wiped
out by Iegslatfon-the County Treasury-the sum or
that bill does recognize the County OF New,9ork
Mr. Peckham essayed to speak, but Mr. QConor inter-
stating falsehoods to get them into the newspapers"
Mr. Courney-Ihats what tho bill states anu that ~
Mr. oconor-No, Sir you didn't you said that we re-
celfcT NJ CSHraey1Wel don't know but my word Is
good as yours it only shows that the legislature recob
nized such an entity as the County Treasury.
Ildee Miller here suggested that that was not tho
question al issue, and the argument was adjourned.
THE AFTERNOON SESSION.
On the reassemblng OF ihe court, at . p H'' mE'
oConor after explaining how these bonds were author
ized asked who was to suffer from the misdongs IN tho
matter 1t was not would it be, the bondhoder be-
cause he had parted with his money In good iah aud
the bonds were issued to hm by the proper ohcers ana
under authority OF osSd % lain ECuti that was to .uer
Il was the taxpayer. or he who would 20
t6e taxpayer, when tho bonds became duc.
The Board Of Supervisors not the ones who are 70
nav these bonds. The bonds are 70 be pao Dy tAaoh
pHiv He asked "rhen is anybody entity 70 be In.
iured-any one, in short but the taxpayer NO lhiI-
yidual taxpayer bring suit 70 recover TINS money
No one can bring this suit but the people OF he state
represented in their sovereign corporate capaely.
Mr. stoughon asked whoit was that owned tIls money
Mr.. O'Conor said II such question was IeieyaH van Us
had but answer TO MAKE ahI Ihat was tnat % ,io
State of NewYork owned IT, The state % sats2rLed orr tLe
issue the bonds which took the money rom inc people
of the state. Counsel argued, at considerable IeDsh
put the case thus Agents of the State were author
ICED to raise, say million OF doiars y iney M naiscn
from the people who cannot get II back again. but VIII
step In and make you give 1t to me. IL u my MONEY!
ing corporaOns he said may like all other corporate
bodies defend actions brought against ihem ana pose
property rights. But they DO not ~ any
general legal sense represent the iSen pOpu
TO come. Nor Is it their duty. nor have they
any authority, to institute suits OF proeeeu1gs Yp
persons TO sustain this claim He quoted various au.
thorities and hen askeu. @ ' M SJ fSst the county
was liable only the servants OF the state LVerI ao
lar WIS to come Of the citizens Of the state Coun-
sei then discussed the organization powers and duties
of the Board of supervisors, holding hat tnen
and duties were OF the most nullteu 0h"i"e'ei ' P
sued this point at much length.
Here Mr. O'Conor Was interrupted by conversation
hetween counsel and the Court 10 the time 10 DC akh
on each side when Mr.. Beach sand that he hopea tne
arguments would be concuded tomorrow, us ne n@t
written 10 the President Of the Court OF lmpeachmsns
that he was engaged here aud asking posponsmsh, =.
the barnard trial till Thursday IL was agreed tnat tho
ar0ument would made 10 be concluded touor-
row and the Court thereupon adjourned to meet AVA
ul. Wednesday.
FIRES