New-York tribune., 1874-04-28
ALLEGED LEGISLATIVE TAMPERNC.

same hereby denied with $40 be paid TO said
plaintiffs attorneys.
ALLEGED LEGISLATIVE TAMPERlNG.
T1tp sHAw-BABCoCK sUIT-A CONTRACTORS EXPE-
RIENCR IN RING TIME--THE DEFENDANTS STORY
The interesting suit of Charles p. Shaw, the
lawyer against David Babcock, the contractor when
has been adjourned from time account OF the
illness Of Juror, resumed yesterday before Juoge
DAILY in the Court OF Common Pleas. The papers anu
evidence In the recite a familiar story III tpo
methods OF obtaining legislative enactments IN tne
Tweed days. Briefly, the ground work OIL " 70 30
follows:
Babeock who had a bill OF $4,000 for work on the
BATTERY Extension which wanted 20 have inserted IN
the Tax Levy employed j. W. Culver TO do IT, ana Gu
yer employed Shaw the plaintiff to take IL on MS manu.
promising him $4,000 The bill was inserted out bao
cock denied all connection whatever with Snaw' anu
claimed that his contract affected culver eione nv
however, paid Shaw $1,000, but, as he alleges was eA
torted by Shaw before he would give up to Baocock an
assignment which he had received from culver hl''
Clinton called only one witness yesterday TOT the uo
fense-Babcock himself. Mr.. Develin previously nau
called Rufus s. Andrews, who gave the painth hk"
character as a lawyer and advocate before legislative
committees and stated that he himself was Win ena"
before the Conference Committee OF tho House'
On the crossexaminatioD having said that snaW
smoke for half an hour Mr. Clinton asked IT, IN his hon
eat Judgment he thought the lawyers services were
worth $500 q minnie, TO which Mr.. Andrews smiiingy
shook his head He. however, considered the claim OF
Babcock an honest one.
Mr. Babcock then took Mr. Andrews's place and told
bis narrative. said he Connolly first about his
claim and tho latter told him to 70 Albany While
there he met Culver who said he there TO pick up
an honest dollar if he could" Mr.. Blbcock told him,
9" You pick it up for me-" and thereupon gave nm
the papers and told him to stay there and watch the
matter to the last day He agreed to pay s5o Culver
accepted the Offer asked for $50, and few days ater
came to New-York and got When the Legislature
adjourned he gave the balance OF the $780, but
Culver never SAID a word about his having employed
any one else before the Legislature adjourned
Still later, and Culyer in conversation, told Baocock
that 1t cost him than he expected, as he had TO
use cigars and give suppers pretty freely Baocock
then gave him 500 In June, 1852 he INFORMED Q
Culver that he lad not been paid and the Latter after
making effort told Babcock 1t would require $4,000 TO
get the money out OF the Controllers office The con-
tractor Temarkng that it very hard refused to do
it, but told Culver that there due him from the
city two other bills Of 900 and s10OO he woud pay
him SIS 900 he would get him paid within six days shaw
was sent for then and introduced to Babcock The re-
suit of the interview Babcocks making an assign
men for $4,000 to Culver, in order that the whole might
be taken out The days passodth money was still
locked up, and all were disguised.
Mr.. Clinton asked him II Mr. Culver said anything 10
him. he TO Mr.. Culver, to the assignment to Shaw
being for shaw's benefit. Judge DAILY held that the
question was proper, ard the witness replied
that nothing said about 1t. We did not know SHAW
in the transaction at all The witness told how the pay
ment OF the money delayed and how Culver was
dsgusted. III latter part OF December the witness
went to the Finance Department and saw Senators
Mattoon and Williams there. Then he saw connolly
coming up the stairs After that and after he had seen
the Controller, he Culver at his office He told
Cuver that Mr. Connolly had said he would not pay the
ffh (.It nd
the witness then demanded the assignment Culver told
him that the assignment with Shaw, and II the
witness wanted IL he could and get It, Mr. Babcock
told him that was pretty way to treat 1m but Gnt CaS9r
ment had been made over to him for tnlt PURPOSE
o1eson nT Wherher he had ever aathorSed
poy ia the matter of putting the Dl IN the Tax
Went on TO state that Shaw told him if he wanted the
assignment he would have to pay for it, and demanded
10000; q pute followed, and an interview at the
Ffthave. Hotel was arranged for the next morning
Senators Matoon aud Williams were there It was then
arranged that 5000 should DC paid for the assignments
all then rode down town Mattoon got out at Chambers
ST. and went oyer to the Conroer Me once 'e UteTs Niter
ward and showed paper TO Shaw; / passed over the
after after this Shaw remarked "Now, Babcock what viii
you give me TO get an appropriation ioT the o9hpeu0n %
give you $1,000" The witness said positively that when
ne tore up the assignment Shaw made no protest but
the whole thing was regarded as settled;
In reference to the interview that Mr.. Babcock had
with Controller Connolly he said more in detail that
side the railing and shook hands with him. Senator
Williams sat inside the railing. The Controller was then
coming n and he beckoned 10 the witness TO follow him
into his office. Connolly then said to him (and here
Judge DAILY took the answers ver6atim what are you
doing in that company ~ BabcOck replied that he had
no company there. The Controller added. IL Is bad
company. There an assignment here Tor $4,000 ana
won't pay you your bill until that assignment Is out 0f
the way and when IL Is out OF the way Will pay you
within an hour The witness then went on To describe
the hagging between him and Shaw as to what should
be paid for the assignment, which resulted 10 the
agreement to pay $1,000, and here Judge DAILY IN
ouired IL he any money paid TO Nation or
Williams at this time, to which he said. mo"
The case for the defense ended with Mr.. Babcocks
testimony he being the only witness called. Deputy
Controller sOrT called In rebuttal. and stated that
in 1862 after the Legislature had adjourned Babcock
did really 10 him 10 ascertain VINO III was tnat was
Instrumental in procuring the insertion or the DILL MT
Sorrs said he told him that Shaw advocated tue claim
at Albany Mr.. DevellD's search for new information
was blocked all the way with Mr.. CntOns objections,
Clinton, when you studied grammar you never got
beyond objective and that's what's the matter
with your " Well" the reply, you and your
clients got Deond the possessiye."
Mr.. Storrss testimony closed the evidence, and Mr..
Clinton asked the Court to direct verdict for the
Defense the ground that the law provided that In
or Legislature, where the compensation was contn-
the contract was necessarily and spso
f1cio void Mr. Clinton produced two decisions OF the
Supreme Court OF the Supreme Court OF this State
Lyon agt. Mitchell $50 N. " 23g Mills agt Mills (iO
N Y, b43 Rose agt Tuax al Barbour, 36l, and case
in l6 Howard. Judge DAILY, however, overruied the
moton saying that his charge he should instruct the
jury that there nothing wrong in the contract as
alone concerned unless they found that
the existed that the services were the in
nuencing OF legislative body. lie summing up Will
0e concluded to-day.
CRUEL GUARDIAN PUNISHED.
THE STEP-MOTHER MARY ELLEN WILSON sFS-