The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-07-30
THE EXCISE MONEY.

PROCEEDINGS BEFORE THE REFEREE YEsrER-
DAY-rHIRTY NEW CLAIMANTs--fIGHTING
THE 'IRoN-cLAD' AFFIDAVIT. b III
The examination before Referee j. s. Potter at No.
81 Corandt street in the consolidated actions OF George
W. Morton ana Jacob N. Patterson, Jr., against tho
Mayor, Aldermen and Commonalty OF New York,
the German Exchange Bank and the Pacific Bank
and that OF John McGrath and John Bohm talk
against George W. Morton and others, progresses
slowly, owing to the inability Of counsel to agree
upon the form OF aidavit to be subscribed to by
parties desiring to verify their claims a share IN
the fund awaiting distribution. 1t IS
hardly necessary 10 state that the particular clause
IN tho proposed affidavit which has called forth the
opposition OF portion OF the counsel
is that which socks to put the liquor
dealers on record who may have continued
10 90 business the authority OF the receipt
given them Oy the old Board of Excise. Although
the referee has stated that NO person would be
,empiated, and that any party so desiring might
strike out that section and by subscribing the
mainder OF the affidavit. verify his claim In tho man
ner directed By the Court, the legal opposition to
that form of affidavit has not boon Withdrawn.
THE AFFIDAVIT DEFEATS JUSTICE.
Mr. Tomlinsop, counsel for George W. Morton, bases
his objection to tho phrassoiogy OF tho AFFIDAVIT al
uded TO on the ground that II 10 calculated TO prevent
tho liquor dealers from obtaining the money to
induced. he holds, TO advance this money
through the fundamentally of the pub
lie authorities, aud the argument that the
Commissioners OF Excise acted ia an Individual ca.
pacty In receiving tnoso deposits Is unsound II the
~ M were !rae ne says tnen Mss.rs Morton
moneys remaining pro rata among the liquor aeacrs
dc further holds that the fact OF this affidavit going
out from the rcicree c,rrcs with quasi judicial
SANCTION and exposes the bslie that II be veri-
Ned, to dscare that part cf might be stricken
out the option OF the claimsnts would render
tirely nugutory.
Although ABOUT fifteen hundred postal cards have
been mailed up 10 yesterday aiarnoon tho number OF
claims has not exceeded 1ity altogether, showing
plainly that soo cause operating TO deter persons
holding receipts from appearing to seek redress
THE NEW CLAIMANTS.
Tue following are tho names OF tho claimants who
NO. So University place, presented dishonorea check
ON the German Exchange Ban for $75 signed 'sOwcn
Mnrphy, treasurer" ana bearing date Dece mber ~
receipt for $780, dated December H. 1877; Henry Lane
No l,227 Broadway, recent Tor 49, dated July "a,
1877 Philip Donohue. No. $40 II lghth avenue receipt
Tor $75, dated August IL, 1877; samuel Holm, No.
~ Attorney street. receipt for $40, dated September
the German Excnalge Bank for $75 signed by
owen Murphy, aud dated December q, 1871; Thomas
slater Nos 81 ana 81 Beaver street receipt Tor So
% Catharne street, receipt for $50 dated September
IL, 1877; John steng, No. SO University place. re-
No 90 University place receipt for $780, dated August
-. 1877 T. Sbeehy; Nos 453 Third avenue and COL
second avenue, two receipts Tor SIS each, dated
August 1917 T. kurphy, No. sos rhirt avenue, re-
ceipt for $15, dated August 1871 John Stand No.
% Church street, receipt or 49, dated July ~ 1877
Peter Kirchon, l50th street aud Third avenue. re-
ceipt Tor s75. dated May %, 1877; X. voliz No 81
Christie street, receipt Tor $50; Al. Speriing No. 1853
Sxtn avenue, receipt tor SO, June 20 1877; Philip
Aherp No. $50 Avenue A, receipt Tor $50 dated July
20. 1877 this claimant said that ex-Commissioner
Murphy Told him 10 continue selling under his re.
ceipt long us ths police didn't disturb bm); John
Back, doug business on Tenth avenue, between
Ninety. ninth ana Ono Huudrcdh stree receipt for
SO dated August o, 1877; Francis Kelly, No. 81
Thrd avenue, receipt Tor SO, da,cd August -,
1871; J. Moore. No. 3Ss seco0d avenue,
Anderson Il Bochman, No. Is william street, receipt
TOR Ss5 dated July ~ 1871; Matthew Moilahan, No.
l.J26 mira avenue, receipt Tor $50. dated April 3,
1877; H. Ronner& McMurray, 1G9b street and Fulton
avenue, rccept for SO, dated Aprn lc, 1877; q.
Levns, No. l6l sixth avenue, receipt for $75 dated
juno 1877 tlever stated that he closed up and
arrested Tor continuing To 10 business the receipt;
Il Schmidt, check on the German Exchange Bank Tor
SO, s.gned by owen Murphy aud dated December IL
1871; j. u. McCormack, No GAO Egsthi avenue aud
COG West Forty third street. Two receipts for EACH
dated December 1917; Jonn Fucrey, No. l3g Hudson
street, receipt Tor $40, caied November 20, 1871;
Charles Campbell, No. 6si Ninth avenue, rcceipt Tor