New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-01-21


othsr in the coars and making their differences or de
Signs yas5 oharge upon City Treasury tor fees OF
tho rat Of The charter OF 1873 prepared IN this city
bv gentlemen did not exhibit their WORK 70 me- anu
when aeked the stated That they desired TO say 70
ta IsisIatre that the proposed charter not the
result OF consultation with CITY oieals; WnGn theD
give It's language and say IN effect that 1t meant WHAT
EMPLOYMENT or COUNSEL
FIN In the practical operation OF this provision
have caused to effect all the good and none OF the evil
predicted. For instance, whenever the Mayor has in-
dcated that he counsel at the expense OF the
city have placed IN his hands, with my signature
letter Of retainer directed 20 the person Gosgnatea
Again Il my opinion, as lawyer, sCslalueu W %
r. Nash and other eminent counsel, that htlgauOn III
matter of the FOurth-ave Improvement was aowSe
and useless. My advice was earnestly gwen 10 Mf,
Uavemeyer. Nevertheless as could not chhuke us
views retained counsel named oy hnseii anu d tho
litigation went until, under my ADVICE vas shs US
continued by HE successor cave lhoushI ~ 49,
also, In large number OF instHnces ~ pniy2tions
adopted have been good. departments have no, a.
planned that their legal WORK Nts Lo 1,ey nave
nor been cOnsultC and SATISFIED IN tlc sI't'Ou.
I1.rs M the office h nj 20 times what II over was
hstore nv help h large but it bears no proportion 10
that employed by every leading law nr; ntylHH TVe
e1ce tD fbe ma gnitude Of respective respOHD s
the suits and proceedings here number SSis, beside
those daily tried, argued, or Otherwise uspoteu VI.
pnmber left is immense Every SUIT must be examined
10 see II should he prosecuted every deions 10 say
whether should DO persisted III evrry ri . a o.
minutes of testimony. decide % TO applications TOT
review; every argument, with IT'S cases ana ponoT ~
determine 80 TO al appeal Gl1se maa'0 ,Dpprh
IONS and Garry on corresp43nddonoeii m mnst
attend courts and boards and be consulted by other
OfrialB Tho situation OF M assistant Is inlch the
same as my owni whe my clerks %orR 10 n1ny no'ts
as IN any private Office. The prOportohate III
crease in the employment Of counsel Is ndeei comp@ra
lively small No person has ever Deea emp ca, T1
cep; upOn the controlling consideration tdat ne WIS
peculiarly qualified for the case at h'nl lno llss s
open. and no one acquainted VIII my .,9D ne
brethren OF the Bar can charge H'e WIN So
power ~ matter Of patronage or idvOrit.si II con
fn regard 10 the EN- ploymen OF counsel seek the sug
gestions OF coordinate departments and ABOVE an,
not only avail myself of the advice DuI ooeS INC
instructions Of the Mayor OF tue CITY. -
Tho complaints above answered. winch nave num-
bered one 70 FIVE, inclusive, are not AunDec3 ~ az ia
me chsTyes whore they are expressly called merely
Introductory" They are not alleged to DO ground OF
removal even AS PUT forth win the MISTAKES Whlch
nave poiuIed out / snail now easily show tast the
three formal charges Themselves when brought 10 ne
ort 81 MARRYING serious accusation absolutely
fall to involve one in any blame "hAVeVeF'
THE BAIRD CASE.
SirA: First Formal GENERALIZATION not to appeal
rom an order the Supreme Court referring this case
to exJudge John K Port4., for trial before him. lMr
smith here very fully the proceedings IN this case
showing that during painful ana dangerous Illness ne
called j. irce Davies aud ri rrepont ia counsel audtadt
they advised the course Tnica ne pGT-ne5 brp
marked D. also ssars on the SUBJECT
TIE gTARKwKATHER CASH.
sepe7h: Second Formal Chargel-Deciding, as a
question Of law that action could not be maintained
in this
fMr Smith sets forth length the viows o. fact and
which controlled bis decision. He then concludes
his defense to this charge rs fOl.Ovs:l
ANXIOUS to make DO mistake. sought the gr"tuit9ns
and friendly advice OF Augustus t. Smith Of 'be law
firm Martin d smith. His professional experience
and his relation 10 me- OF brother ald rlen rrnc'ted
him a safe adviser. (5ee annexed: l. atement ana
opinion OF A. +. Smith. marked l.. q Letter from the
latter 10 the Hor William n Evqrts ma.Aed F. Note
u Mr. Evarts marked g. IL will be seen tlat A r;
I than a,{r al n u In
have now no doubt that suI1 against Stsrh e4ther
for TINS money. voluntarily paid must have failed
and entertaining such views, IL noO been IN your
place should not have sued Ssrkweather And thereby
ailo@Gnoe Of some thcusan Is o. dotrs. gooI plr
pose" Mr.. Evarts says; 1T would seem 70 mo thit
Inc Corporation Counsel could have expacte1 - re-
. suit DIodga Tor tBe moneys 50 voluntarily
THE RING SUITS.
EtghE: Third Formal Ch4rge)-TAat have not
brought ths Ring suits TO actual ria since the decision
OF the Court OF Appeals June Last 10 this am with
ONT fanIt fa will speak for them
selves cast blame upon and Vndicate mo- They
will prove that IN this matter nv sincerity
ze ana anxiety are beyond Tho possibility OF SUSPICION
My f.st official act plac7 these su Ia the lands
Of the st@fs. The CITY euIts' we're held IN allowance
await the result Of those o. TIE State WIoD tne Court
OF Appeals dismissed the state suits, the gsntiemeu
aboys named were continued my counsel. Mr.. Peck
ham took the papers AZ early jan T. l6i3 entries
IN the do OF tbs Office. and have continued ever
since "Seniscopy al.wo7 20 orc, p, aud B." Vol r.
motions January IN four suns, were served III my
name from MI Pc bhgms oIcr ana Che cOur' calendars
70 prepare cults FOR trial ana a. tho proper time 70
sTe me notice that might attend n court vita the
COUNSEL named. The oici4 demands upon me rendered
lApostI ols wy 80 ts = iisIos,I mt
ne neither sought needed personal Issstanee.
f0l his competency was added tnAt OF his two
THIS is the simple truth yop investigate II.
end yCu will be bo that any charge relating 10
t6eso cases should have been iusored Tie complaint
~ ll me | lkK
t7 sotereJ marK4d H 10 L. lrcInsiyal ana iudgs
vho.ner did not 6uIe myself ~ confidence OF my
counsel and whether l did not receive And retain 1t
unt apparently broken bv som strange m.sapprehen-
SION or some male olont misre pressn tation.
II IL stated that four years have passed since the
months" including the summer court vacations, the
have been engaged Win me Eate suite and not
those OF the city How can the Tour years largely
occupied with judicial dchhcTa'Jhs On Question OF
PARTIES not finally determined unit. June lasp be
Justly cited to Drei-oice me To my knOwl-
edge, no adequate offer OF settlement has ever
coHe from any Of the defe1dants, snd . none winch
10; conditioned upon DISMISSAL Of the criminal
indictments IL the Aauds OF tAe District Attorney
WY should Inc decision OF tle Coart Oh App,a4s DC
allowed brarinG agalLst me wIeA ourlHg the period
occupied the courts with discussions on the question
OF varies superseded The counsel OF the city.
sought the aoYceoI tae Couas5i Oh nc SIste ana re
Trained from any step wnch could en- oarraSs the last
What could have induced counsel Tor any OF theml,
whose chief had not only IGNORED NE WIN MS conn
denoe but with pubic expiession Of IL, 10 wish my
Ia the ease OF StarkweaIer ought 10 have been toll
Grated BY Mr.. Barrow 70. II. Oelieve and ad
involve the city IN serious and expense, the
ultimate responsibility would fan on
am absolutely UNCONSCIOUS Of 0frenfe toward them or
my Coincidence. 1t must be that under great
mieapprehensiOn OF public motives and my personal
sypathies their minds opened 70 of encnles
sKlfui IN dlstortiDg innocent circumstances and aeta
In this designing persons undoubtedly aided by
The very pam and III health wlich kept from accus
tomed personal intercourse with orc who will regret
mat before committing himself parte Statements
10 any advice IL any 20 ny Injury, nc mad sum
uOned TO his Side for ezpl4uatOn where IN years
gone by he had gwen me trust and IRIS IdSuip.
Bat turning 10 you. viii whom L nave relations
but those which exist between and man, I you
md