The New York herald., 1876-12-29
THE COURTS.
Judicial Rap at County Au-
ditor jackson.
OLD CLAIMS AGAINST THE CITY
Another Legal Memento Of An
drew ]. Garvey.
HIDING IN A HAUNTED HOUSE

In act passed by the Legislature last winter pro-
vision made for the payment OF claims against the
city, which, owing complications arising OF the
Ring frauds, remained unpaid, and promised to con-
unue SO had not the Legislature, BY specia enactment
removed the obstacles preventing the adjustment OF
such liabilities the part OF the city. II appears
however, that notwithstanding such special
the creditors OF the city have had great difficulty in
getting their money, the principal stumbling block in
the way being the system OF management prevailing IN
the Comptroller's Office under Mr. Green's regime
The act required the Auditor to examine
into all such accounts. and for the
purpose Of testing their validity aidavits of
the claimants and others in substantation OF such
claims Having satisfied himself that the claims
"correct and just" such being the language OF the
statute, he was TO give his certificate to tins effect,
and upon such certificate tho Comptroller pay
the money good many OF theso claims however,
though dating back 10 1870 still remain unpaid, owing
10 the Auditor eusng into the and
give his certificate Mr. LOUIS Bernstein got disgustcd
with this sort OF thing ana having obtained salts
faction or any hope OF any in the Comptroilcrs Office,
applied TO Judge Lawrence of the supreme Court, for
directing him TO examine his claim and give
certificate of IT'S correctness and also against
Comptroller Green, ordering payment OF the same.
Mr. Bernstein had performed certain labor and iur-
nlshed certain material TO The Board OF Education the
amount OF his bll bcing sl74 80 Judge Lawrence
gave decision in the yesterday, tho interest in
which Will DO pretty widespread owing TO tho
multiplicity OF similar claims, the payment of which
will speedily follow upon the decision this case
Judge Lawrence says that although 1t Is not in the
power OF the Court TO compel tho Auditor 10 give
ccruncate that claims coming under the
referred presented to him 10 audit
JUST II can compel hIm
10 examine INTO the accounts for he purpose Of ascer
tanning whether they correct and just other
words tho Auditor can be set in motion by the Court.
lie holds that the Auditor has no business TO refuse
his certificate, II such evidence is furnished him
would be received and acted IN court OF justice
that tho statute does not require that he should abso
utely and personally know that the claims correct
and just; that is sufficient II from proper evidence
is proven that the claims are correct and just, and
that II the Auditor, the lace OF such evidence
fuses TO give the certificate he might subject himself
TO an action for mlsicasancc With this view of the
case the mandamus asked Tor rs granted against The
Auditor He thinks, however, tnat tho application for
mandamus against tho Comptroller is premature, as
until the Auditor mas acted no duty imposed the
Comptroller
ANDY GARVEY'S HIDING PLACE.
A rather singular suit has been brought by John
Garvey against Patrick II. Jones, the former gentle
being known the brother OF Andrew J. Garvey,
OF Court House Ring renown, and the latter gentle
man ns Register. The suit is brought against Mr.
Jones guarantee OF James f. Nolan, who took a
lease from Mr. Garvey OF No 90 Eas, Fiitcth street.
for years from May l. 1875 with provision tho
lease that addition to the he should pay the
water rates and II Is claimed that
there is owing such lease 50 lOa, and owing 10 the
failure OF payment by Mr.. Nolan, II Is sought TO
recover this amount from Mr.. Jones The sngu-
lar feature OF the suit Is the answer OF
the dcenaant He admits Tho leasing OF the house
ana his Uscom guarantee Tor the lessee but alleges
that the guarantee only or the pay niont OF
quarters rent AS iurther aeicnoe il is set up that
William VI. Tweed Anarcw j. Garvcy, James H. Inger-
so and others conspred TO deraud the city OF large
SUN OF money did deiraud II OF millions OF dollars
that lngersol bough, the premises IN question July,
1870 with money thus stolen from the city ana
vsyed Il TO third party, who assigned II to John Gar
vey; that a time To The taking OF the lease
question Andrew j. Garvey concealed himself in the
house for the urposeoi evading jusce that Mr. Nolan
leased the the purpose OF relctng them,
but could not do so because Garvcy mad selected II
his hiding place. Upon this defence II is Claimed that
The plalntif not entled TO the relief demanded
tho complaint. A motion was mnde before Chief
Justice Davis IN supreme Court, Chambers, 10 place
the the short calendar Tor trial, the allegation
beng that II could be tried in an hour. This how
ever, is denied by the other side judgc Davis yes
terday gave his decision denying the motion Go that
when The case comes TO trial there will be ample OPP
portuniiy gwen to addrco abundant testimony sub
antation OF tho singular defence up against the
suit, that the hiding place OF Andrew j. Garvey
has now all iptents and purposes Tor renting ut
least become hauntc0 house.