The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-03-28
DeVlin's Suit to Compel Tweed'S Ring
Allies to DiSgOrge.
APPLICATION FOR A RECEIVER DENIED
Property Of a Mining Superintend-
ent Attached.
THR CITY MULCTED IN A HEAVY VERDICT.
Ghosts of Black Friday and
jay Gould.


subject OF lengthy argument yesterday in Supreme
Court Chambers, before Judge Donobue. was motion
In tho suit brought by Charles Devlin against the city,
the Board OF Supervisors Attorney General Fairchid,
Corporation Counsel Whitney Jackson s. Schultz John
H. Keyser, Andrew J. Garvey, Richard b. Connolly and
James H. Ingerson, for the appointment OF receiver
Of all the claims against certain OF the defendants who
are charged with having through conspiracy obtained
large sums from the city and county treasury Tho
appointment of such receiver is asked for that he
may the alleged conspraors and their estates
and thus endeavor to obtain restoration of the sums
of which they have deraudcd the city and county.
TIE court thronged and the arguments OF tho
respective counsel listened with great interest
Mr. Dudley Field and Ex-Judge Bosworth appeared for
the motion AID Messrs Wheeler H. Peckham and
Charles oConor appeared In opposition, although the
latter gentleman TO the great disappointment OF many
present, did not participate in the argument
The papers were first read in the case in support OF
the motion These embraced a statement of the bases
OF tho suit, which stated TO be neg
lgence of prosecution OF various members OF
the old Court House Ring and the fact
that the statute of limitations would soon be u
bar any prosecution of these and that this suit
the only possible method for obtaining restora
OF immense out of which tho city and county
we're derauded through such alleged conspiracy In
opposition 70 the moton Was reau very ienB.ny
nndavlt Dy MT. Peckham tbs was notuihR NOR" nor
less than epitomized history OF the Ring suits 1t
pretty old and familiar matter and yet the recital
OF the details, while on the one hand as Interesting
as the graphic story revealing the hidden history Oh Inc
gunpowder plot seemed almost marvellous coup.
terpart OF the Arabian tales suggestive OF All baDa ana
Aladdin. II 10 unnecessary 10 recte THESE lamlar
facts- NO open sesame" ever developeu such spien
dor OF riches
Mr.. Field made the opening argument. He began
by reading the act passed by the Legislature In 1862
under which the present action Is brought such act
comforting the right upon any taxpayer In the city TO
institute such proceeding Mr. Devlin. as taxpayer,
he claimed authorized 10 bring The suit, and the
bona hdes Of the suit was not a matter To be con-
sdered. The object OF the act was 70 encourage just
such actions The suit was not Drought In any IN RI
party's interest. but 10 benefit the city. Mr.. Devln
did not want any receiver on his own behalf andthere
was no imputation on Mr. Fairchild or MT whitney,
who recently became officials and the suit was not
brought against them IN any offensive sense IL was
now 1876; the frauds were discovered In 1871, ana
there was practically nothing done about these claims
rne Attorney General ana the Corporation Counsel
were the ones who must put the machinery in motion
lr these suits were not Instituted pretty soon thcy
would have TO be dismissed LOT want OF prosecution.
The parties whom they sought 10 prosecute sun mad IN
their possession their stolen money and the object OF
the present suit was TO conpe us restoration ana inc
only eiiectual way TO DO ~ he insisted. Was ny The
Mr.. Peckham In a lengthy response, GAINED That
tns action was brought not IN goou ian ana that us
object was not 10 Denent the CITY, put TO help MI.
rwecu Whie the statute was all righti nc insisted
MAT was discretionary win the Court as 10 allowing
my such suit as the present one 10 DC prosecuted
inder sucn statute me ouJsct OF tue statute nc
Claims was 10 meet INC cohtinecncy Vi wan. VI ioae