The New York herald., 1873-12-23
NEW YORK HERALD TUESDAY DECEMBER 23 8sTRPLE SHEET

president OF the company, was submitted, setting
forth "That in the month OF January, 1852 the said
ever since has been, the owner In fee simple OF
two pieces or parcels OF land, known as the Red
Mills property situate In the town OF Carmel.
In the county OF Putnam. containing In all about
seven acres or land; that at the same time
the said company became the owner OF the ex-
elusive right TO the waters OF the two lakes in said
town OF Carmel lying adjacent to said tracts or
land and known as Lakes Kirk and MahOpac to-
gether with the lakes connected Herewith and
the streams running thererom; that In or about
the middle OF Febeuary 1869, deponent became
the president OF said COMPANY and he continued
such president down to about the I'd day OF August
last past; that In the early part OF the year 1870
deponent, at the request OF William NJ Tweed, who
then was the Commissioner OF Public Works OF the
city OF New York, had certain interviews and me-
gotiations with the said Tweed relative to grant
Ing to SAID city the right TO use the waters
OF said lakes to increase the supply OF
water for said city, that said interviews
and negotiations finally resulted in proposition
or agreement on the part OF said company, which
was assented to by said Tweed, that he should be
permitted to enter upon and Immediately take
possession OF said Lakes Mahopac and KIRK, and
construct the necessary works Tor connecting the
same with the water mains OF said city, and use
the waters OF said leEes TO increase the supply OF
water Tor said city, on condition that he, the said
Legislature for the passage OF an act authorizing
him to purchase the said lakes.n
The motion for mandamus was opposed by Mr..
Van Mort that the city OF New York is not re-
sponsible lot that which was done by Tweed IN
violation OF law
DeCSlOu IeseTVeu
The Kelsey Case-Shau the Reward Be
Paid.
Before Judge Pratt.
This town OF Huntington offered a reward Of
81, 900 to any party or parties who should find the
remains OF the murdered Kelsey. subsequently a
portion OF a human body was found by Jonn Franz
lin and William Ludlow. and the Coroner's jury
determined tnat the remains were those OF Kelsey.
The finders claimed half OF the reward as only half
OF the body mad been found.
Yesterday an application was made on behalf or
the Samms brothers for Injunction to pre-
vent the payment OF the reward on the
grounds that the town meeting had no
authority in itself TO offer the reward {;
that the remains found were not parts OF
Kelsey's body: that the payment would be an in
reference with the course Of justice, in that IL
was, as it were, foreiudgment OF point TO be
tried in the Indictment against two parties charged
with the murder.
1t was conceded by the other side that the action
Of the town was illegal. The supervisor declines
also to pay the money.
The Judge remarked that the Court could not
restrain man from doing what he had no inten-
tion OF doing.
The applicants however, insisted upon an in
junction. Counsel claimed that this affair 0bstructed
justice by nstilling prejudices in the minds OF the
residents OF the venue where the case will be tried.
Decision reserved.