The New York herald., 1878-03-13
SUED FOR A LOAN.
Ex-srRKEr COMMISSIONER DEvLIS AND Ex-
COMMISSIONER VAN MORT AT lava WASH

Ex-srRKEr COMMISSIONER pEvLrN AND Eek.
coMMIssIoNER VAN MORT AT lava WASH
INGToN CONTRACT.
Before Judge Van Worst, holding Supreme Court,
Circuit, there commenced yesterday tho trial OF
rather an Interesting SUIT the litigation having grown
out OF money transactions between Mr. Charles Dew
lin, exSreet Com missioner and IN later years OF
the bonGsmen Of william n. Tweed, aud Mr.. George
NJ. Van Mort, ex-Commissoner OF Public Works.
The complaint OF Mr.. Devhn alleges that he mado
tour loans to Mr. Van Nort aggrogang $50 900; that
OF this sum only $4,000 had been repaid, the
suit being brought to the alleged balance stil
due He states that these loans wcro made at four
different iimes-one Of 600 April H. ls7s Of
$4,000 on May IL Of tho year, ono OF 900 on
tho 4th OF June ensuing aud OF $4,000 the fol-
lowing August Connected with tho complaint Is an
allegation that on the payment OF $4,000 Mr. Van
Mort agreed to obtain for Mr. Devln street.
paving contract in Washington, d. o., in considera-
slon Of tho $4,000 remaining unpaid out Of tho
sums no had borrowed. At the trial Mr.. Dow
lin was represented by exJ udgs csrdoxo and
Richard 8. NewcomOe, and Mr. Van Mort by
exJudge Dutenhoefsr and Charles II. Hatch. Mr.
Van Mort comedies having borrowed $4,000, which,
ho states he repaid together with sOlO Interest," to
Mr.. Dsvlin Ut the Buckingham Hotel, aud Tor which
money, It Is claimed, hc holds q receipt The allega
tion as 10 the Washington contract no declares 10
substance M vagary OF Mr Devlin's imagination.
PUSHED TO THE WALL,
NE Fiske, q lawyer, the first witness called.
He stated that he has been for many years counsel
Tor Mr.. Devin tho attor mado known to HIM the fact
his loans to Mr.. Van Mort and requested him
erview the latter the subject Of repayment Of the
money; he calod Mr. Van Mort at his residence In
Tnrty-second street two or threo tmes aud solicited
repayment ol the sums borrowed IRON Mr.. Deviin.
what did Mr.. Van Mort say you ~ was among
the questions asked by sx-Judgc Cardozo
"He said,' replied the witness, "thAt ho did not
how he could raise S30 900 then that he VAS not
rich as people thought aud this vas rather pushing
him ~ the wall. Mr. Van Mort said that at all evonts
Mr. Devlin ought to let him OIL from paying Interest,""
Tho witness, continuing his testimony, saip that
and early summer Of 1875, Mr.. Deviin caod with h.m
Dsyin lin saw Mr. Van Nor. IN private, he hsvms,
upon their request, stepped into an adjoni"g room.
subject with Mr.. Van Nor, in Mr.. Devnn,s ofrce, on
which occasion Mr.. Vaf Mort promised to pay the
$4,000, stating that he did not wish Mr. Dsvlin 70
lose anything by him. Ho never Mr.. Devlin
pay Mr. Van Mort any money. In the carly part OF
1875, ~ Mr.. Dovls request, no again called on Mr.
claimed 10 DO due
.'wnA, did Mr. Van Mort tell you whom you ap-
plied for this money!" further Inquired Judgo Car
',Ho said hs had paid Mr. Devin all he owed him
and had got his receipt"
''was there anything said about tho Washington
contractY"
''He SAID the obtaining Of this contract
dHional and that his promise TO obtain such con-
tract not absolute. Mr.. Devlin had promised ~
lot him oil with INC paymen. OF $4,000, with interest,"
and tnat settled the mattcr.' ~
''Did no say any thing m0ref"
"Ho said he was not gong TO pay any moro money,
and u that was not satisfactory Mr. Deviin could
him.n III
rho witness was subjected to u long aud searching
cross-examination by ex.Judse Dttenhoofer An
effort made 10 elliott ADMISSION that h0 called
Van Mort, US the attorney OF Mr.. Devlin, TOR
the purpose oi becoming witness In the case, and
sats Inv In naAa In A ulattsa
ton OF counsel
u l MR. DRvLISs TESTIMONY. f
Mr.. Devln was the next witnoss called, and his d.
rect examination recited detai tho facts set forth
IN the complaint, gi4ing the datos ol the various
Di.tennoeisr he stated that ho TOOK no receipts ior
the money, kept no memoranda OF them and made no
entries OF any KIND Asto one OF The loans OF 50 600,
lao stated that presented check drawn by himself
10 his order at the Bowery Bank Tor that amount
and gavo the money TO Mr Van Mort
what ~ there aoout that cneck, asked Judge Dr.
tenhoeIsr, "that CONNECTS the money realized on IL
win the money pa'd TO Mr.. Van Norts"
'.How, Incn, do you know tho money drawn on
that check was tho identical money you gave 70 Mr..
81 know ,t because IL was unusual Tor mo 10 draw
checks Tor such large amounts"
MONEY PAID BVss TWEED.
"Didn't you my money 10 William N. TwoedS"
eyes; EOnIe.'
'.Dian's You draw checks 70 your own order for
money you pald to Mr.. rweedY"
Yes; paid Mr. vwoed within the last fow wesks
$500" .f
.'aayO you not paid him as much $4,000 at one
timeY"
Judge Caraozo objected to this limo Of inquiry as
having nothing 10 10 with the case. t4
Judgc Dittenhocler SAID that the question asked
tor tho purpose ol showing that inc answer Of the
witness-that the reason lie identified tho OF
the check referred 10 money given to Mr. Van
that 1t unusual Ior MIN To draw checks Tor such
large sums-was not n lact true.
Judge Van Worst SAID that they had had enough OF
payments 10 Mr.. tweed.
THE WASHINGTON CONTRACT
In response TO further questions by Judge Often.
hoeier. Mr. Devlin replied that the moneys loaned
to Mr.. Van Mort were paid u tho latter ut his
onioe the old Oty Hail. As 70 tho Washington ccn-
tract, he he knew nothing OF what the contract
be except tunt II street paving contract.
and that It WIS ON the strength OF tho promise
obtain contract that he signed the receipt for
$2l 0UO HIS cross-examinaton occupied somo two
hours, and viii be resumed this morning Meantime
Mr. Dsvin instructed 10 bring into court his
check books from the year 1871.