The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-12-13
THE COURTS.
A New Phase of the Navarro Water
Meter Claim.
EXPECTED TESTIMONY OF TWEED.
Motion to Set Aside the Reference and
Trial Before Jury.

motion was made yesterday, before Judge Davis.
IN Supreme Court, Chambers TO v}cats the order OF
reference IN the SUIT brought bv John Baird against
the city, pending before John X. Porter referee,
the claim being for about million dollars The case
ID one OF those which has become historical the
courts and OF the legal heirooIns Of the Tweed
regime. The manner In which the reference in this
case obtained was OF the grounds upon which
charges were based against tho former Corporation
Counsel which led to his IL insisted for
the motion that the proceedings in the case had
SHOWN that the aldavits upon which order OF ref
erence obtained and which stated that the ISSUES
In tho would necessarily involve tho examination
ola long account true, and upon this head tho
defendants showed that upon the opening OF the refer
before the referee the defen dants-thati is the
cisy-were given the affirmative Of the ss1es and 1t
ruled by tho referee that the plaintiff had nothing
60 prove under the Issues The proceedings upon The
reference referred Tor the purpose Of show
ing that no long account had been involved In The
proof any OF any that the relied
upon by the city that tho contract fraudulent
In Its conception; that now they ready TO pro-
duce direct evidence OF the collision and
The contractor ana public officers In the making OF The
contract ut that time by the testimony OF william NJ.
Tweed, and that this was newly discovered
evidence and should DO submitted to = jury.
~ was also urgcd that the original claim that the
issues involved the examination OF long account
was sham; that the evidence now within tho reach
u
jury that therefore the of reference
DO vacated Il was also submitted behalf OF tho
city, as y further ground tor vacating order, that
the relations Of the referee and Mr. Navarro, OF
the original parties 10 contract, those OF
counsel and. client IN important itigaons and that
such facts gave just grounds Tor the supposon that
no might be subject 70 an Involuntary bias In favor
OF the plaintiff IN tho SUIT. In tho aldavts submit.
ted upon this point by the plaintiff II denied that
there was the relation OF counsel aud client
between the referee and Mr.. Navarro, one OF
the persons Interested la tho claim, but IL
appeared that Mir. Navarro very largely
Interested IN tho Loan and Improvement
Company, which company had tered into contract
Tor the construction VI the Gilbert Elevated Raroad
aud under the contract was Obliged pay for the
litigation OF the roads, and that Judge Porter tue
cree, was the principal counsel for the road t
CATION ~ was submitted 10 the Court that both
referee aud the counsel Tor the city had deemed u q
p oper case for exercise OF the judgment OF tho
Court whether The circumstances such 70
make II proper Tor the reieae to continue thc posi-
tion 30 as TO make for him decide
tween Mr. Navarro ana the city claim OF such ag-
nude The Judge took the papers, reserving his de-
csion. MI. +. N Bangs, Corporation Counsel Whitney
and Mr. Beall appeared for the cly and Judge EmoIi,
Judge Greon and Mr.. Vandcrpoo for the plaintE