The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-04-18
INVESTIGATING GREEN.


RATION COUNSEL SMITHS VIEW OF THE CASE
The Green investigating Committee-Aldermen
Purroy, Billings and Shandey-held meeting
yesterday afternoon.
the first witness sworn was Mr. George G.
Moses VINO tesrlaed that he was a lawyer, also
notary pubic; he knew Mrs. IDA; an affdavit
shown TO him was IN the handwriting, he thought
oil Mr.. Hodges and signed by Mrs. IDA; IL had
been sworn TO before him.
MIR. Charles H. Hodges. lawyer testified that
ne was counsel for Mr.. Porta, who claimed 10 be
the inventor OF the aerial ladder; there was CO.
partnership between Mrs. IDA and Mr.. Porta, the
contract being tina. they SHOULD get patents out
in America and England for the ladder, and that
they should share the profits; IN April, 1874
he was instructed TO nnd cut what, II ary
contract had been entered into between the Fire
Department and Mrs. IDA, and he found that there
was contract between them by which the de-
partment agreed to ray $4,000 for the right to
build and use the ladder patented by her; after
this several persons, he said, put forward claims
that they were the inventors oil the ladder; there
was finally a disagreement between Mr.. Porta and
Mrs. IDA, and through the instrumentality OF the
Spanish Consul an order was obtained that the
Comptroller should pay the money 70 Porta, or, II
not to him, TO no one else; the witness had had
several conversations with Mrs. IDA alter this
and she stated once TO nim that Mr. Green had re-
fused TO recognize her claim; that she mad EN-
ployed 0rmsby & Shaw 10 compel Mr.. Green To
pay her and that Green had met them with the do
fence that the patent did not belong 10 Porta
and was not worth ANYTHING anyhow; on
the 18th or September 1874, Mrs. IDA made
an arrangement with william b. Whlte
Secretary OF the Fire Department. whereby he
agreed TO purchase tile exclusive right to tue
ladder patent Tor $4,000; TO this she agreed, and
he sent her small sum (s1,50ol on that day; two
weeks after this Mr. Green ceased his opposition
to the $4,000 claim; Mr.. Green had, he said, be-
fore this employed Mr.. Jordan TO investigate the
validity Of the patent and 10 report upon It; Mr.
Jordanis report was that the patent was valid
and that the city would be justified In paying Tor
It; Jordan charged aud was paid $1,000 ior this
opinion then Mr.. Green drew his warrant Tor the
SIS, 900; Mrs. Uda handed TINS over 70 Mr.. Wnie,
VINO paid ner the balance OF the SIS coo ne mad
agreed to pay for the assignment O the patent 70
made from the andavlt OF MRS. ida, winch had
Already been recognized by hlm ana when read
as follows:-
City and County and State Of Ter York ss,-Marv Boil
Scott ida being duy says:That being DESTROYS
wardng the usnent OF tine matters between
ana Shafes Mchea says r ans
deponenA and Paulo Porta, dated on me 5th day oil
ten6er s7 soid the entire sub ect o. said
tract consisting Of the patents o. the aerial nying and
contact then undetermined Tor the sum OF slo1OJ to
IN cash That the accounts signed oy dsponent and
rendered NJ Porta or his attorney IN this city are tnll
aud respect correct thar deponent has fully
paid all ami every liability or obligation named under
said contract 20 third parties Aud deponen further
says that by virtue OF SAM sale, except rs aeponent
entitled TO under said contract she has not deryei nor
will derive, any advantage gain, profit o. interest from
said sale Leponen nrher says mat tins deslaranon
acquire by virtue OF other con eratons than sad saie
Sworn fore me this l2th day OF March lo1a-GEoRGi
C. MOSES, Notary Public.
The witness SAID search had been made at VAST
lngton Tor the assignment OF the patent alleged 70
have oeen died there, aud u vas dlscoverel tnai
1t was not med; saw Mrs. IDA last three weeES
me witness began 10 make q statement reiat-
ing 10 certain matters between himself and Mrs.
IDA, wnen DR. Billings IN errupted the Proceed.
lngs 10y asking what connection those matters mad
VITA Mr.. Green, aud Mr.. Hodges testimony ended
then and there.
He SAID that. in answer TO a resolution OF the
Board or Aldermen, ne had sent IN a statement
OF the amounts paiu 10 IeieIees s anu onan t
Tor iull services TO date; the usual way In his
onice IN securing assistance OF counsel VAS 10y re-
tanner; there Is stature relative 10 street open
lngs he SAID, Htlcl authorized the Comptroller 10
retain counsel aud ne IL was VINO nal emp,o,ed
Denton "A. uaWklns; Mr.. cmlta himself had never
retained him, though during Ms absence Mr..
Andrews, MS assistant. had, alter consultation
with Mr. Green; > mon stern mad also 0een re-
tanned by the renewed ana repeated request OF
MAJ or Hdvemeyer; the latter's reason Tor tue re-
quest was because Mr.. Hayemeyer had consulted
employing nlm ecause lie did not want useless
litigation in the matter; Mr. Jordan mad been
his familiarity with the patent law; on
his own motion ne nad retained Alexander
Harvey, Mr. James W; nus ca had oeen recon.
mended TO ann Dy MIR. havemeyer as person VINO
ought 20 De retained, the Mayor saying tnat Dy
employing him they would XIII Two BIRDS with one
stone, get tue services oil clever young lawyer
and OF a person VINO would prevent rautulent
legislation at Albany Mr. smith sad nc nad never
paid any one Tor services rendered at AlbaDy;
only cdSeH.uurluI ms term oil OIL
fee IN when ne had ever consented to references;
tue charter PROVIDED that no department eau em-
ploy counsel. cut may request the Corporation
counsel 10 furnisu tnem with counsei Mr. Green
had recommended - him James Z. Carter aud
Ruus w. Pecknam; so lar as a. recoiected the
first ne hau ever heard Of tue ida cam was when
tue Comptroller wrote 10 MN asking MN legal
questions ABOUT IL: a contract nau Deen maue
between the Fire Department. and re ana ner
husband ana he answered tae questions
BY saving taat as tue c contract Was made ss
appropriated tue money there was no legal
escape from the payment OF the S25 900; after nis
opinion gwen tue Comptroller reused - pay,
ana All. DlcAInsOn, a patent awger, tOid MN the
CIT, would not nave 70 pas; "A SUIT was DrOu1htt
aud he (Mr. smlfnl reused 10 deieGd ~: Green
then requested nm 10 employ Dickinson, but ne
refused, because ne mad Already gwen an olnioni
ne Insteal employed NJ Jordan, vac went y
ahmed the matter thoroughly ana came TO the
conclusion the city nad 10 pay he certified 10 JOr.
dan's bn. LNing the amount at 81 OOO, anu Mr..
Green not wanting 10 pay IL u was reduced 10
al 500; aIfer that he virtually compelled Mr.. Green
pay the amount o. DIT. JuAS cldtNl. Ue lMr.
smith heing satisfied that n lgatlOn IN the mat
ter would be a great ana useless expense 60
the city. Mr.. Smith went over dur.
ing ms testimony q good deal OF tue
around that he went over In hG
reply 10 the Mayors charges against INN last
January tn relation TO the re,eree cases; ne stated
That the Comp roller had often urged nln TO re.
sIst claims against the clty. wnicn ne (Gr. smltED
knew could not be legally or successfully resis ell;
he (Ir. SmItnl at times rec0nsidered opinion,
and II ne concluded ne mad been right at lrsi
ne stuck to vi; n not, ana 10 thought there was
I ne remOtest probability ~ success IN SUIT, ne
yielded to the comptroller; IN the matter 81 the
Uda case he SAID mat Mayor Havemeyer urged
the Justice Of the lady claim; ne never before
had neard Mrs. Uda's anldavIt read before the
committee; had heard OF the assignment Of her
claim over TO Mr. Whte; had ne known u II 10
never would lave allowed judgment ~ be en-.
tered untn the assignment and everything Dear
lug upon 10 had been Thoroughly suited.
oscar LOiIcUlier ireSdent u TIE metropolitan
Gas Company, testified that tneY had CLAIMS
against Tue city wnlcn the comptroller had re-
sisted; one VAS lor gas FURNISHED curing eleven
MON rs OI 1871, $4,000 81; TINS amount was now
in suit aud had been for three years: there was
also an uuuisputed claim lOr gas urnl-nea IN 1870,
MI nj L 4 F4kN