New-York tribune., 1872-06-06
T5UMANY ON TRIAL.
TIE TWEED.FIELDS CAsEs.

FURTHER ARGUMENT OF COUNSEL-JUDGE HOGE-
BOOM OvERRULEs TIE DEMURRER-THE
CASES TO GO TO THE COURT OF APPEALS.
ALBANY, June Sat the opening of the
Court Mr.. O'COnor said he would not pursue his argu
ment commenced yesterday, but would leave II to his
associate Peckham He would, instead, submit to the
Court his brief concerning what he styled the middle
age Of roguery in NeWYOrk carried through the
Board Of Supervisors. At this point conversation
sprang up between Messrs. OConor Reynolds, and
Peckham and Judge HOgeboom to the prOprety Of
pediting the case through pro Jorma decision which
would give opportunity to carry the case up to the
Court of Appeals. Mr. Reynolds said he had obec-
ton to such course and he knew the other counsel had
not provided judgment not rendered against them.
On the other hand, Mr. OCOnOr said he had none pro-
yided Judgment was not rendered against his side.
The Judge said 1t had occurred 10 him that it would
be best TO decide in favor Of the demurrer he sat
ised that the would be carried up decided
either way, and the most general way decide
he had suggested He asked Mr. oCOnor II he could
consent to that.
M. OConor replied that he could not His clients
would understand his consent. He here repre-
sentng not only technically the people Of the state but
also a public voice Of considerable respectabty and
consequence
ter consult with Mr.. O'COnor and II understand
ing could not be reached as to decision sustaining the
Mr.. OConor said, oh no. we could never reach an
Mr Peck6am then proceeded to explain the purposes
and meaning OF the various acts referred to by Mr.
Field showing the separate and distinct organizations
of the city and county He showed that far the
Of the funds and finances OF the city and county
concerned, IL in the hands OF the officials who
acted trustees the do the corporate author
ties in England The city had no interest In these
moneys YaslsyeT The G9ntE9llsE could Id call for only
the account There his power and duty
stopped. The tax Is authorized and required by
the Legislature and not by any. local authority
Counsel cited many authorities and decisions 70 show
that OF this nature brought by the Attorney
General in England, and argued 10 show that our cor
pOrate authorities stand In the relation do those
IN this country that where a wrong Of this kind has
been done and the corporation Will not interfere, then
the corporation will not then the stakeholder can
So II the corporation does not act the taxpayer
ano VINO represents the taxpayer but the Attorney
iGeneralf And have made the corporation party,
that this action can be properly brought.
Mr. Reynolds then addressed the Court in further sup
port OF the demurrer saying that he could not how
Fields He showed that the Legislature had been IN
formed by the Fire Commissioners that these caims
would amount 70 $4,000; and they did egentually
amount 10 this and IL is true the legislature
ordered the payment Of "a certain amount, aud after
Increased 10 the stated by Fire Com
mlssoners Dld Elelds, then, Increase the and
thOrze this amount, and authorize u knowingly too
IT, therefore, there fraud 10 was the Legislature who
guilty OF 70, they were inOmed OF the amount
Replying, on inquiry by the COuftt as 10 whom the
SOO0O00 IN the other belonged, Mr. Reynolds was
drawn INTO an argument on that point ~ winch he
tanned that there was no ground Whatever ior these
suits brought IN the name OF the people OF the State
Al the conclusion Of M. ReynOdss argument, Judge
HOgebOOm gave bis decision as follows:
This cause coming On 20 be heard on the complaint
and demurrer. and alter hearing the counsel for the
IHurIer be and s3e Eti py Lg,fTnied Nth costs,
@u 'h~t Inc u4hh Lave iuilhit - IN 'Ee e9aipsiht