New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-11-21
THE COURTS.

TWEED ON THE JOHN l.. BROWN CON1RACT.
HE DE- cLAREs THAT II WAS OBTAINED coREUPrLY.
In the suit of Charles G.. Waterbury against
the CITY. motion made Yesterday, To amend the
cgs answer to set up that the inception OF the
contract on which It Is founded was fraudulent The
st arises ont % contract made by Tweed rs Commls-
si1ner OF Public Works. with John L. Brown, for the
grading and 1lng up Of Firs'-aye The contract was
estimated TO involve the expenditure Of over TJ21OOo.
of which the city at large 10 pay over S4sOOOO III
completed by Brown bnt this suit is on GER
tlfcate given by the FOR part Of the work. on
when. under the contract. he entitled to 935I66
Brown got Judgment, which reversed on appeal
After his de9th the tried second time, and
jury gave his executors verdict, which again re-
verscd.
Mr.. Waterbury one OF Browns sureiies, and In
August. 1879, the Commissioner Of Public Works gave
him notice complete the work in Ave days. or the De
parment would consider itabandOned and do the work
looking 90 him rs surety. Waterbury then got in
junction. and proceeded to do the work. earning, - ne
claims SI5OOOO and took assignment Of John s.
Browns claim from his executors 10 secure himself tho
suit was tncn changed to his name.
TIE present motion is based ON the affidavit OF Corpor
alton Counsel whitney giving the history Of the and
stating that down to October l, 1877 the city author
ties had no evidence that the contract procured by
corrupt means Then they asceraincd The Fact from Sir
Tweeds statements The chief points Of Twoeds aihda-
vii are as follows:
| aware OF tho formation o. the 1Olnt STOCK COM
pany known ps the Ncwl prk Street CfADing Associa
ton the 800 sharcs. 80 shares were aoi"d 10 my
Richard N. Tweed, AMI rs shares TO my SON Ndln
NJ Tweed, r which allotment ~ wl0ie OF N part
for and in my behalf and for my Deneht or huEahuke;
The bu iness Of the association was IN ACT urceru
solely by john L. Brown president ana treasurer Inc
association hcld stre!-cietuing con race III pdL
chased sunk lands wcon Ninrt'-htI a,u One
Observation-Disclosures, east OF seeoudave Tor dumping
After brcamc Commissioners OF Public Works. Brown
had numerous consultations Win me WIN reference ~
the contract l0r reelang and grading titSc, gnic.
contract sired obtain for the benefit OF the Sl
Cleaning Ass1rat lie t0ld me tniu II Won give
the contract him be coud ana wouih rs Tor me MINUS
~ the the inatrlial when the Afsnc on N's
Gathering the pubic streets. ana that Tie money
which he should receive under this contract Ec would
apply for The benefit Of the assocl Ton Upon tn,7
promise ana with the understanding that mo was 70 use
street sweeping in such Hing and win me purpose oi
benefitng my interest in sucn citation, standing M
the name Of Sons, gave to the SAID Brown Tie sad
contract.
By TN terms of the said contract. allowed fair price
for every cubic yard of filing provided good whOlcsOm
earth should be used, which va called Tor ny The CON
tract II Wis however, understood between Brown q
m self, That hC Ou1 street sWtcunGS Tor such
nn. and street SWcrpngS were not ana are nor, ia'
same good wbolc.nme cartn, nor ar" they so tNlei
Department td not stop him nc uigll lut IN any thHg
a. chos:, and I would accept it under the contract.
Ia Mr. Waicrburys afhday reply, u was stated that
careful born.s hai shown that the hng used by Brown
Wa, not DIR, garbage; that the work already
doue had raised the valuation OF the property af cted
2I.5OO,0O0, and when Il completed, the properly
improved by It would DE worth at least S3OOo0J0 An
Affidavit Of ThOnas Pearson was read, stating Iwoeus
tina notorious that
prison that he had sand he would 10 nnlg 10
obtain his release and That he mad sworn falsely To
thin he had ascerancd OF suppus were desired Dy
those who had the mower 20 rel use INN.
Judge Lawrence reserved his decision