New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-05-15
sIOS9 -

The number OF his permit was also altered, anu
transfer entered its corner though the lace Vi
the document stated that the Controllers signature was
necessary change. Thus the matter ran on Il'
within a few weeks, when Robert Cow. former stahu
owner in the market who had suffered from similar
exactions, was secured Sections attorney and the
case was brought before Col Thomas f. Devoe, supern
endent OF Markets. who laid It before the Controller
Controller accordingly appointed Ledyard Avery
Samuel Vallean and John Kinner Commission 10 lh'es
tgate the case. On April % the Commissioners Issued
the following summons:
CLINTON MARKET, NEw-YoRK. April %, 1873.
MessrS WEST IL MCKAY, CLINTON Mdrkct:
GENTLEMEN: We, the Undersigned have been APP
pointed by Controller Green COMMISSIONER TO nyestl-
gaze and report on the case OF sexton agt west nc
Kay your 6rml for the recovery Of certain STAND IN
this market formerly occupied Dy sexton ana S sat ~
complainant Noah r. Sexton. and Incorporated IN your
present stand and therefore as ssld m PseS
hereby request yon to appear before ~ IN raiSo
Hotel, at p. m Monday. the 25th inst TO snow
cause why the complainant should not reclaim the
stand in question.
WIN. M'KAY's TESTIMONY.
The Commissioners met, In accordance with summons
and Sexton was first called the stand and gave evil
dence under oath to the facts stated. Mckay was
next sworn, and testified follows;
The duties Of the Clerk OF Markets to regulate
stands know that is his duty TO correct abuses
or encroachments; have never corrected any abuses
IN the market cannot that nave extended my own
stand since became clerk; sexton occupied stahu III
Clinton Market do not know the number; 90 MT SnSw
stand do not know the use OF a permit
He then made the following statements, but afterward
objected to them:
/ do not know whether was present when the in
dorsemenJ on the face OF the permit was mde OUT .,
not think that the transfer the corner OF the permit
(he fraudulent ind0rsemenO Is Irregular; thnk the
permit good ever; have promised not 10 ten
what paid for stand No. Ill dont know as Mr. sexton
applied "A transfer; have no permit Tor No. q Oe-
heye bad one but think nave Sst u never Ge9t o
Sexton; don't know where Ola No; Il Is u9u hho"
what stand Mr. sexton occupied before ne took posses
sion of his present one tmnA had a permit Dnt dont
anything about the place; sexton never PAID mo
any money for any stand
Charles Lynch testified that Sexton occupied stand No.
o. which was held by Mckay also that he had
heard Mckay state that he could do as he liked in the
market John azeton testified that Sexton had come 20
see him several times about McKays request for the
stand he and Mr.. Loutrell had the Controller
about it, afterward LOutre went 70 senator Nor
ton about IL Norton aferward left note AZ his tHaz'-
tOns house for Sexton which stated that sexton must
make the best terms he could with Mckay Mlchael
the snbiect sexton Was recalled and stated that
valued his stand at over $1,000, and would not
have taken that amount Tor IT,
A SECOND HEARING.
This concluded the first days testimony, ana the Com
misSones were convinced from the evidence that the
right rested with Sexton, but were in uncertainty
whether to recommend the renstang Of Sexton, or an
award of damages At the request of Mckay however,
a second hearing granted. with the express pro
vision that he aud West his partner should attend
witnesses The hearing accordingly had on May 8,
but Mckay q West failed to appear and got Edward
Gillian, buterdealer, 10 manage the case for them
Gillian mad drawn up statement, and had it sworn 70
by Mckay, to the en,ct that the change had
been effected greatly TO Sections satisfaction and that
he had been, in fact delighted with it that he
tSeXtOn) offered him the privilege OF selecting diamond
pin at his expense, which when he (MckayD haty re-
document also stated that t1e affair occurred six or
years ago. and added, - Since that time TO the
present Mr. Sexton and myself have been good friends,
and why he should now give authority To- third person
10 interfere In the premises is a question worthy OF
serious consideration, and opens the mind To the sus
pcOn that IL had been dictated by mercenary and un
worthy motives only"
allr Gillian wished have the evidence OF the previ-
ous hearing read but Mr.. Cow objected since IL would
furnish data for consistent evidence the part OF the
defense. Sexton crosseXamlned, and denied most
OF the statements OF McKay's affidavit. Mckay offered
$3.50 stand, but he declined accept It, He after
ward vacated from illumination He had given Mckay
diamond pin To protection in the future. Hazel
ton, Lynch, and others had favored his preferriug
charges. map was submitted showing tina; West
Mckay not only 10 feet VI frontage on Westst by
eectng Sexton but also ls sworn By Ferris OF CrOton
Landing summoned bv Mr. cow about Is feet OF
Ferrss stand, prior to his Ferssl selling out which
he did what he could, and they paid nothing
for H. IL was also felt that since at the first hearing
Mckay had perured himself aud the second hearing
only presented affidavit, and would not appear TO be
crossexamned on It, his claims could not be OF great
weight.
TIE DECISION.
On Tuesday the case argued before the Commits
soners, with the following result:
NEw-YoRK May 49, 1873.
The Hon. A. H. GREEN, Controlier-5IR: We, the
undersigned, Commissioners appointed 10y you 60 adu-
Market having had several meetings to hear evidence
for claimant, Noah X. Sexton aud West MCKAY, de-
PENDANTS have unanimously decided tnat the evidence
proves said stand TO belong TO Noah H. Sexton We re-
spectully submit herewith all papers ana original evil
dence produced at the several meetings.
The case has excited much interest among the stand
holders Of Clinton Market and it is expected that the
decision Will preventive against repetition