The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-06-15
Trials and Tribulations of a City
Contractor.
Avalanche of Witnesses in
the Rapid Transit Suits.
Disappointed Expectations or
"Shiver My Timbers."
Entry Of Formal Verdict in the Spring Valley
Distilery Case.

Michael Noonan, In November, 1870, made con-
tract with the city for building sewers and cuverts
through various from Seventeenth Twenty
third street. inclusive the work to be completed 200
days The total value OF the work DONE according to
Mr. Noonan's bills, was s22s, 47o g. Tho city. how
attendance the Comptroller sometimes for six
months at time, Noonan finally received $780, 12 90,
leaving balance Of 227 9S due. The contractor
complains that the city officers delayed his monthly
certificates sometimes 10 months; that the plans
were altered by caprice or favortism; that he was
compelled TO sink sewer along Eleventh avenue two
feet deeper than agreed upon and then the city officials
compelled him to II two feet again, and that all
the delays caused by the officials The city
answers that II is entitled to deduct sa,ss7 Ii
IRON tho balance, interest due on the adj
vances The plaintiff denies that interest should DO
charged beyond the completion Of the work; but tho
Comptroller wants interest up to the confirmation OF
tho assessment and Mr. Strahan. counsel for Noonan,
says the Comptroller made any such claim except
In this another case; that II this lawful city
pfcia, having enmity against contractor could delay
Tho confirmation VI the assessment until the thirty
cent returned by tho Comptroller was consumed in in
crcst Tho city also makes charge OF $4,000 for in
doctors fees; but Mr. Noonan says three Of tho
inspectors merely nominal. being put the pay
rolls by Mr. Tweed and he claims that he should not
be charged for their saaricA The trial Of tho suit
brought by kr John r. Fellows. as assignee OF Sir.
Norman, for the amount claimed TO be duo,
monced yesterday before judge Larremore, holding
Supreme Court Circuit and will probably occupy tho
rest Of the week.
SLOW PROGRESS IN RAPID TRANSIT
growing monotony begins to show itself in the
continued testimony gwen before Judge Sedgwck, in
Supreme Court Special Torn, in the trial OF the Sixth
Avenue Railroad injunction suit against the Gilbert Elc
waited Railroad Company Notwithstanding tins fact,
however the court densey throngcd usual,
md half NJ tha
Sixth Avenue Railroad 70 the probable effect upon
the horses Of that company Of the running OF eie
waited road the track OF tho plaintiffs road was
listened to with good deal Of interest
:, James r. Wallace, foreman Of the Ninth Avenue
Railroad stables, the hrst witness called testified that
the horses under his charge sfen became 80 frightened
as TO fall down, tear their shoes OF, jump around
and all on account OF the Elevated road running
their cars and engines over their stables He stated
were m 1ans onnoved by oil dr,nninr from
the engine and soilng Their clothes There
were twentytwo additional witnesses called including
Bernard Kelley, Jacob sharpe, Charles Cottrll and
John M. Alderman. Tho witnesses comprised prop
srty along tho road, railroad engineers and
feature Of the testimony that setting forth tho
duction IN the value OF property on Sixth avenue IN
rase the Gilbert Elevated Railroad Company allowed
10 build Its road in the manner proposed.
Contemporancous with The above trial Ii tho
r,a before Judge Van Hoesen in the Special Term Of
The Court oil Common Pleas. Of the injunction suit
brought by the Ninth Avenue Railroad Company against
tho Greenwich Street Elevated Railroad Company.
There Is the same variety OF witnesses IN this and
their testimony is SIMPLY further confirmation OF the
allegations set forth IN tho complaint. Among the
witnesses examined yesterday POtoe Commas
eiuncr Nichols In this suit seventy scven witnesses
have thus Tar been examined and this Is said 10 be
only the beginning OF the beginning
A BLOW AT GREAT EXPECTATIONS.
One day whilo Archibald Scott. Tea merchant in
Duane street, was sitting quietly in his store,
dressed in the uniform of foreign steamship officer
game into tho place and offered Tor sale some shawls
which he represented to be pure Cashmere and worth
$3.50 piece This strange visitor said that his vessel
vas to leave right away for China and that he would
sell them at great sacrifice. Mr.. Scott purchased two
pr the shawls, paying as he ascertaDed upon subso
fluent inquiry about three times their value Finding
that he had been victmizcd he kept a sharp look
out for She swndler, and subsequently mcet-
Ing him the street caused his arrest,
the prisoner giving his name John Rodgers Police
Justice Sherwood discharged Rodgers the ground
that there was not sufficient for holding him
criminal charge Rodgers thereupon brought suit in
the Marine Court against Mr. Scott for malicious pros
ccution. Owing to a misunderstanding between coun-
sci Mr. Scotts lawyers failed to appear and Judgment
was entered against him Tor $3.50 Tor default. This de-
fault was opened by Judge McAdam and the came
10 trial yesterday before Judge Snnott II was proved
that this was old eamo OF Rodgers, who widely
known under the sobrquet Of "Shivcr My Timbcrs,
and that he was not to be believed under oath Tho
result was verdict for Mr. Scott. William i. Howe,
plaintiffs attorney: Mcssrs Kintz,ng 4 Mott do
icndanps attorneys
THE SPRING VALLEY DISTILLERY.
In the case or the United States against tho Spring
Valley Dstillcry, RockIand county. 10 recover on
Slam OF forfeiture OF the real estate, the trial be-
gun yesterday before Judge Biatchford In the United
csssca Distret Conf Tho real eatatO 4 valued nj