New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-08-10
GRANTING THE APPLICATION.

GRANTING THE APPLICATION.
TIE DOCUMENTS ON WHICH JUDGE wEsTBRooK
ACTED-AssIsTANr ACKNOWLEDGEMENTS RE-
TURN TO ALBANY WITH THE ORDER OF ARREST
The application to Judge Westbrook for an order
Cor the arrest of canal contractors Henry d. Denison
J.mes ]. Belden. A. Caldwell Belden, and Thomas
Gale and for an attachment against their property,
WAS made Yesterday in this city by Assistant Attor
ncy-General Fairchild who came from Albany Tor
The purpose The application was based on the com
pant in the suit brought behalf of the people OF
lie State-Of which an abstract is given below
and afhdavits Of Auditor Thayer OF the
Canal Department and OF Elnathan sweet, IT.,
re Civil Engineer, who has been employed
l., the Investigating Commission, appointed by UoV'
Iidea in inspecting the character OF the work done
rnder several of the fraudulent contracts tee-
graphic dispatch was sent to Judge Westbrook on
Saturday on behalf of the Attorney General asking
when application could be made to him for an order
N arrest and for an attachment. He replied that
the application could be made in this city yesterday
Assistant Attorney General FaiHchild accordingly
came to New-York from Albany yesterday and male
the application. The affidavit of Auditor Thayer
Is as follows:
Sypreme Coart-The People of the State Of New
FORK act. Henry ID. Denison, James ). Belden, a.
sfSlSenv. IS: Francis s. Thayer being duly sworn
saws that he is the Auditor of the Canal Department.
Of the State of New-York; that from an inspection
Of the books Of account, vouchers certificates and
drafts of file In the Office of the Auditor Of the Canal
Department of the State of New-York, ne aihrlns
tat there was paid from the 20 aay al s75 a
various times to the defendant, Henry D. Denison
Of the moneys belonging 70 the state q new "
having been done by the engineers and Commission
srs in charge under certain contract between the
of the state OF teSches sa slope
pavement vertical, and retaining walls ana suaeht
snine the Erie Canal from Port Schuyler to the
Lower Mohawk a9ueduct, and signed SEPT - Ioo''
Sworn before me this 9th day of August 1879,
G. III. BIRCnpAIL, CON- Of Deeds, Albany, NJ I.
The affidavit of Elnathan Sweet, jr., is as follows:
Sspreme Comt-The People Of the State Of New
York AFT Henry D: DenisOn James = Beiden, a.
Aibany IS: Elnathan Sweet, jr., being duly sworn,
says that he is by profession a owl snglneer
and s.0 q sHat for sos months 's
Tratine Commission appointed by the Governor Of
TORS on the canals, and especially the work per
formed and materials furnished between Port
Schuyler and the Lower Mohawk agueduct on the
son that be has read the complaint In this action
which is annexed aud made part Of th. affidavit {;
aud that the allegations contained therein as
he is informed and believes are true; that he
allegations in said complaint contained to the
character Of the work performed by benson, the
kind Of work, the extent OF the work, deponent
knows to be true from actual inspection thereof of
Che work, from computations made by INN ana com
yarisOns of cross sections that such slateief, de
ponent knows from such measurement, computation
and inspection to be substantially true out ne does
not state that they are exactly accurate that me
allegations in said complaint contained as TO the
amount and Kind of work and materials ella med by
the defendants and said Denison to have been done
and furnished, and the amount or money obtained
h.. f.ta fnr he DOM nppf
has not personal know ledge of, but is informed and
believes them 10 be true that his information upon
these points is derived from inspection OF vouchers
and accounts statements made by the financial OIL
GERS of the State, and from evidence given by them
before the said Canal Investigating Commission. =,
That the aesatops o. sad compliant ad as 70 ne
vouchers and certificates of the engineers, upon
which they received this money the depenent is in
formation is derived from an inspection OF
many of said vouchers, from the evidence
given by the engineers and Others before the said
Canal Investigating Commission that dcponents IN
formation to the ether defendants beng partners
and interested in said contracts and the receipts OF
said money with said Henry d. Denison, is derived
from the sworn statements OF said Henry d. Deni-
son made before said Commission; that the allie
CATIONS Of the said complaint as to the
contracts Of said DcnisOn, End It's limitations and
provisions true to the pc rsonal knowledge OF de-
ponent which knowledge is derived from an insDec,
ton Of said contract that the allegations IN SAID
complaint as the bidders at tie time said contract
was ct the prices bid by them respectively and the
prices bid by said Denison. are true to deponcnt's
knowledge from inspection Of said bids.
And further depOnent saith not. T.. SWKET, JR
Sworn TO before me, Aug. 3, 1870
DE- WITT RoesA, Notary Public, Albany County.
After reading these documents Judge Westbrook
granted the desired order of arrest The document
was made out about $3.50 o'clock, and at 5:35
D. H. Mr.. Fairchild took the train for Albany with
the intention Of dspatching an officer to Syracuse
where the accused contractors reside-on night
train in time get the order of arrest into the hands
Of the Sheriff of Onondaga County by g or o'clock
this morning. Following is the erder:
Order Of arrest, ercept IN rephra-Supreme Court
Denison, James j. Behen, a. Caldwell Beldcn, and
Thomas Gale.
10 The 6hrigof Tie Comfy Of Otonaagd You are
required forthwith to arrest the defendants in this
action. and hold each Of them TO bail Ill the sum of
100000 by written undertaking exc
euted by two or more sufficient sureties,
~ the effect that the defendants shall at
all times render themselves ameDablG to the process
Of the Court during the pendency OF this action, and
u such as NAV be issued 10 enforce the Judgment
therein, aud TO return this order TO Daniel Pratt.
Attorney -GeneTal, plaintiffs attorney at Albany,
within FIVE days after the arrest of the defendants
Dated Aug. ., 1879. j. Il. WEsTBilOOK,
Justice Supreme Court
Mr.. Farchild remarked yesterday afternoon that
he hardly expected that all the defendants will be
found in Syracuse. j. j. Beldcn, he said, has been
tpendinpconsiderabl time at Watch Hill with his
family, and he may be there at the present time.
The Others have been absent for many weeks dur
Ing the Summer. Bail being fxed at $4,000 the
amount property necessary to secure bondsmen in
the case of All four of the defendants will be