New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-04-29
THE LOBBYING CASE ENDED.
A SIGNIFICANT REBUKE FROM THE BENCH.

The trial of the suit of Charles =. Shaw agt.
David Babcock, the contractor, to recover $1,000,
claimed to be the balance due contract made be-
tween them for services rendered by Shaw at Albany
n procuring the insertion OF Babcocks bill OF $4,000
against the city in the tax levy OF 1862 was concluded
Yesterday, and the jury, it is expected will bring in
sealed verdict this morning. Henry l.. Clinton summed
mp the for the defense and John f. Deven for the
plaintiff. ChiefJustce Daily, in charging the jury ad
vised them that the first point to be considered was
whether the alleged contract actually made, and
then he added, that being settled
know of no objection in law to an agreement by a
lawyer TO appear before legislative committee and
advocate the passage OF proper bill, assigning such
reasons may not be satisfactory TO the com
mttee, by whom the bill may or may not be introduced
into the Legislatures nor any improperly II MS services
are successful II he does not succeed IN satisfying
the committee in the understanding that ne IL not 10
receive his cOnpensation but II they DO report the
BILL which IL one stage In the course OF eRislaton tnat
he is 10 receive compensation. Inere Is sOmethlng
more than this 1t is very important inquiry IN this
case whether there not a conditional con.
for service 10 be exercised beyond that exercised
in the Legislature upon legislators so as TO make com
pensaton dependent success or not IN other words
the law correct as was stated 10 you that cOhact
made general terms TO secure the passage OF an act
through me %n rne .o
ton, and not be shall not Is YOid upon us Iace as
employ Senators Matoon Williams and Dreamer in their
capacity Senator'S for their terms had expired but
that he employed them-thOse dgnihed gentlemen ana
public ofcers-for their influence with Tweed aud Con-
molly IN effecting the payment of this claim.
Well, gentlemen without making any oDserVallOns on
the facts of the case IL Is very extraordinary state oil
things that presented by this evidence, that for the
purpose of getting claim alleged 70 be valid one, in
volving a release from an existing contract $500
would TO be paid for that service. That ::.kea
the minds of ordinary persons as ivory extraordinary
fact 1t either shows complicated condition OF
the Legislature, most corrupt one If that enormous
amount TO be paid for the simple purpose expressed
and admitted by all parties in respect TO this calm
mention that simply as matter OF observation, not
with the intention of influencing your judgments
the passage of this act but the sentiment of public
officer a citizen in respect TO that aspect of this
Admitting the facts TO be all the plaintiff; states hem
either Que OF three things is implied That legislation
has become impractlcaDe, exceedingly difficult, or
enormously corrupt One Of these three consequences
would IN TO be indicated. / have said in this
what very unusual for Judge 30 say and unusual for
me- But could not rise up, whatever disposition may
be made OF this and not express moral OF
IT, whatever may be the verdict would feel unfit for
the discharge OF public duty IN view OF the importance
OF government order, honesty, and law, in free c0un
try dld not give utterance u the impressions made
Justify the enforcement OF non-enforcement Of tie
agreement,