The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-10-16
THE BROOKLYN BRIDGE.

HEARING IN sUPREME COURT, CHAMBERS,
IN THE MANDAMUs PROCEEDINGS AGAINST
COMPTROLLER KELLY.
After repeated adjournmsnIs there was commenced
yesterday before Judge Barrett, In Supreme Court,
Chambers. q hearing the order 10 show cause why
u mandamus should not issue directing Comptroller
Kelly city bonds The amount or 81 900,
IN order to raise funds TO BIO applied toward the
further construction OF The Brooklyn Bridge Msssrs
Cullen and yanderpoel appeared behalf OF Mr..
Murphy president OF The Bridge Company, and Messrs.
Armour aud Strahaa tor the Comptroller.
Mr. CuAen opened the legal battle By reading very
lengthy affidavit by Mr. Murphy. The affidavit be-
gins with rectiag Inc organisation and incorporation
OF the Bridge Company, and gives tho entire history
OF The bridge, incuding the assolation OF the orig
nal company aud the organize lion Of the present
Board OF rrusIeea IL next states the proportions 70
DO paid by the two citiss twothirds Of the expense
to DO borne by Brooklyn and one-thrd by New York
than ST. IN any one year, city not
over ST. OOOO00 1t states that up 10 tbe present time
by this city onay ST. 500 Ooo tnat the 4.h OF March
necessary 10 deray the expense OF the
consuuc.on o. the bridge $1,000 ooo sAss 5as board
THIS sum- and upon New York TO nay $500 O0V; mat
Comptroller Kelly FAMED 10 respond 70 this Gall; that
the l4th OF August last similar demand tor The
same amour was made the two cities, when Comp
olcr Kelly again refused 70 respond and that Tor this
mandamus a,kiDg the issue OF bonds 10 cover the
81 600 900 called Tor. Embodied the afndavit Is
ORDINANCES passed by the Common Council authorizing
the issue OF bonds Tor the completion OF the bridge.
coMPrRoLLRR KELLYs AFFIDAVIT.
Following the reading 81 me above aindavi! nj.
tiahan road in answer by Comptroller Kelly.
In the MI Kelly admits the calls upon The city
10 furnish ST. 900, 700 and his refusal 10 ISSUE The
bonds asked Tor. Mr.. Kelly then gives history OF
the bridge but differ IN It's details from
that gwen by Mr.. Murphy. he says the enterprise
i SaS we're sn.. '0 %.@ asK Sweea Peter S4'
Dsosoor. and ., q. Scheme and HsSrg C.
Murphy aud william G. Kingsley. the leading parties
in Brooklyn There were, ne says thir.y-elgnt ".
were respectable gentlemen. As be understands IL
however, subscriosd 70 the capital stock more
than twenty per cent He then recites ~ length The
evidences Tweed before the Adermanic Com mittae.
70 hsw lhs company Was originally Incorporated
and now Tweed Gays thai he induced me Adsrmen 70
pass the early ora.usnes aud that Murphy or klngs
10y bear all his subsertptsoa except the hrst
subscription OF twenty per cent
QUESTION RRLEvAHcx.
Mr.. Vanderposi, intorruptng insisted that all this
matter about Tweed was wholly irreIeyant inssmuch
ths private corporation bad been dissolved ~ SUB
sequsnt acts OF the Legislature
Judge Barrett intimated that It was hardly worth
while 10 spend much ume on Irrelevant matter.
Mr. strahsn claimed that q was nat hrsisvaat mat
ter as Mr. Murphy, OF tbe early projectors OF tho
sisted ,nai /. Wis only proper 10 gel a. tho
bottom facts OF the case. He then resumed the
OF Tweed ma. ssus nsa been OK
pended passing The original ordinance through the
Common Council; that the understanding was thai
Tweed would Ue repaid all no advanced ami fifteen pcr
cent mors that RoebLng's original estlmste OF she
cost OF the bridge So 600 000 and that X ngsiey
was nave $500, 900, out Of which all their ad-
vanees we're 70 be lad Dropping Mr.. rwecd's stale.
mens Mr.. KslIy says that the or,dge was started 10
s,ocknolders were elected directors; that not siHsle
share paid IN fu that on the original call Only
about sioS zoo vas peo o .nae pa,a
that the resources OF mo company had boon ex-
hausssd there was made out new estimate OF the
anrh naftnn m IN
S,572 0s7 He says that he Is 10 formed thai useless
cxtrav az ancs is proposed in ornsmentAtion.
CoUSTKR SHOE
Mr. Nurphy, In u TURNER a1ldavit read by Mr.
Cullen dssies toetotay tho statement Of Tweed that
Sos. COO had been expended In nhuene,ng the board
lerred TO. no says thai Mr.. Kelly appeared before
the senate Comm.see a. Albany. Pens,ns ,ne passage
urged tho passage OF the act In tns aihdavit he
estimated cost Of The bridge, as gwen
by Roebling In 1867. was 81, zoo oO0, oat that In
1915, q change having been determined upon In The
kind and quality Of steel 10 be The estimate was
placed Sl3 il9 STA He says that ihore Is no cx-
betting . structure Of such magnitude
pURrHEk KKLLY.
Tho opposing counsel continued TO keep up ron-
ming IRE OF opposing alhdavits. Another aihdavit
OF Mr. Kelly was next read Ia THIS affidavit he
dwels upon tho damage which bc alleges will DO sus-
tanned by shipping c0mmercc through the construc
OF Ihis bridge He says IL Will be great astri-
mont to the navy, men oi-war cannot pass under
The bridge without let,iog down their topmasts.
The same difficulty will be encountered ny large
merchan linen, ana tnebo uiluCuiics Wii oe sfeoAy
augmented when He'll Gate cleared oil It's obstruc-
uous when the East River With be the avorts route
OF large vessels of all classes Ho said tho ware
hcusemen and proprietors OF hcaLing docks would be
i'm meas urably damaged Altogether lie pronouncss
bridge great hDdrance TO Dav9ation and IN short
q NUISANCE. lie winds up his AFFIDAVIT win some curl
statements, gwen, however, ON tniofmation ana
belief as to how higb winds will affect the brisee,
it ca not stand the weight OF passing cars and
bow In one hour people GROSS Toe RIVER on
ferry boats than cross the bridge all DAY. His
calculations, tn short we're msthsmaticaiy
Al tho conclusion Of tho reading OF ths aidavis
Cullen all about Tweed be stricken Out
Mr.. Strahan said that TINS could not DO done With
out proper notice oil the motion.
's5uppose he bad Ia Incorporated" said MT. Wander
poei sihe Declaration oil Independence, DO you sup
pose IL would DO necessary 70 strike that outf'
Alter some further discussion " oonoi uded 70
let Tweeds statement stand and tho reading OF the
syits consumed a great deal vi time the argu-
lnent adjourned unu this morning