The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-04-29
THAT LEGISLATIVE LOBBYING SUIT

"A Little More contradictory Evidence
and n Good Deal of Legal Talk-The
diverse and Reverse sides OF the Case
rs Presented by Ingenious Counsel
Legislative Lobbying Viewed
Through Judicial Spectacles.
The Legislative lobbying case, In which C. P.
Shaw brought suit against David Babcock Tor
ST. 600, claimed TO be due him upon contract for
payment OF SIS 600 for getting inserted in the
tax levy OF 1859 the sum OF $65,o0o on account OF
work done on the Battery extension was resumed
yesterday morning before Chief Justice Daily hold
ing trial term OF the Court of Common Pleas.
After the publicity given to the case in the report
OF the trial in the HERALD. it was hardly matter
that there was large crowd in attendance to
watch the further proceedings in a suit presenting
such extraordinary and unusual features. The
same counsel appeared as on the previous days,
Messrs. John E. Develin ana Ormsbee representing
the plalntlr ana Messrs. Henry L. Clinton and
Hurst the defendant
opening the proceedings was recalling Assistant
Comptroller Storrs, who produced the records
rom the Comptrollers once, showing that the
signment OF $4,000 by Mr.. Babcock to Mr.. Shaw
had been Withdrawn from the ONCE month pre-
to the time that Mr.. Babcock testified 1t had
been withdrawn Alter this lengthy discussion
arose as to whether the services performed by Mr..
Shaw came within che meaning OF legislative lob
bylng. Mr. Develin insisted tnat there was
Sucn allegation the answer, ana that IT they
claimed this It should have been set up specifically
IN the answer. The discussion continued about an
hour and hall, when an impatient juror arose
1T was expressly argued said the Juror .'by
counsel on the previous day that they would COM
mcnce summing up this morning and only occupy
half an hour EACH They had wasted an hour
and hall in argument and as and other jurors
have important business to transact, we would
like to get through about one O'Clock / hope the
Court VIII direct the counsel to proceed with the
summing up.'
"lhis matter ought TO have been brought up by
Judge
''ion must now proceed TO sum up"
eel am ready said Mr.. Clinton.
:" / baye been ready Tor some time" said MIR.
Devenn.
the defence. He insisted that the claim OF Mr..
Bapcock was Just one that the latter was not
such an IDIOT as to give away nearly onc-tnlrd OF
II TO its Incorporation in tue levy, when
that ioregone conclusion; That he had
nothing 10 do with Mr.. Shaw in any form or man.
pending the case beng before the Legislature,
and that the money he did pay Mr.. Shaw was
most shameful robbery. Mr.. Develn, in reply,
spoke with more than his wonted force and earn
estness and made out the strongest possible case
for his client He contended that Mr.. BaDcock
had not leg TO stand OF that his story a
very nice and plausible one but unfortunately, In
It's most important particular was fatty contra
the employment or Mr.. shaw was legitimate
ana that he only used legitimate means In doing
asr,ed 70 snccessn comneton He san a' rue
newspapers had prejudiced the case OF his client;
but he trusted the Jury would, by their verdict,
show the injustice OF these impUtations and let
Mr.. Shaw, young and talented man, to whom
good reputation was everything, still be esteemed
by the community the honest, upright and honor
able
Judge DAILY, in his charge, said that the first
question was whether the contract had been
proved. He could see no objecton-at least, he
knew OF none in the law-to an agreement by
lawyer TO appear before Legislative committee
and advocate the passage OF proper bill,
nor any Improperly In an agreement tnat II his
services are not successful II ne does not
coed in satisfying the committee that ne is not to
receive any compensation, and tnat II they report
the bill that he Is TO receive compensation. An
w
there was or was not conditional contract for
services to be exercised beyond that exercised IN
the Legislature upon the legislators to make
tile compensation dependent on the success of that
or not Referring to the matter OF legls-
SAID that Mr.. Shaw stated that he did
not employ senators Mattoon Williams and
Dreamer IN their capacity as senators, but
for their influence after the expiration
OF their terms as senators, with Tweed and Con-
nony or e ayena q tGs claim wtb me
any observations on the facts OF this case, 1t is
very extraordinary state OF things that IS pre-
sented Dy this evidence; That Tor the purpose OF
getting claim, alleged to be valid one, involv-
ing release from existing contract, that
That strikes the mind OF ordinary persons as very
extraordinary IN view OF any difficulty involved 10
such matter any instructions. which should be
honest instructions. in such an act II either
shows most complicated condition OF the Leglsla-
ture or a most corrupt one, III that enormous
amount was TO be paid for the simple purpose ex-
pressed and admitted by all parties ID respect to
this clalm J mention II simply as a matter OF
observation, not with the intention OF influencing
your judgments upon the passage OF this act, but
as the sentiment oil public orfcer or citizen IN
respect TO that aspect VI this case. Admitting the
facts TO be all as the plaintiff states them, either
one OF three things Is mplled-ether that legisla-
uon mas become lmEracticabe, exceedingly diff
cult, or enormously corrupt One OF these three
consequences would seem TO be Indicated in the
ordinary management OF public affairs. I have
said in this case what is very unusual
for q Judge 20 do and unusual Tor me- but
could not rise up, whatever disposition may be
made OF TINS case, and not express nv mora sense
OF IT, whatever may oe the ultimate verdict.
would feel unit fer the discharge Of pubic duty
and in view or the importance Of government
order, honesty and law IN free country. ii 1
did not give utterance TO the impression made on
me Dv the facts OF this case, whatever those
facts may justify In the enforcement or nom
enforcement OF the contract
A. nve O'CLOCK, the Jury, Notwithstanding their
pressing engagements and great e9gerneGs TO get
through WIN the case, had not agreed and they
we're ordered 70 bring 10 sealed verdict THIS
morning.