The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-11-13

'As HONEST A ONE AS WAS EVER MADE
MAYOR cooPERs REFUSAL TO INDoRsE IT.
Judge Lawrence, of the Supreme Court, has now
under consideration the question Of reopenins the
judgment entered by default over year ago i'll be-
half OF ex-Sherif William c. Conner for claim of
S2s414 ~ against the city for expenses incurred by
him while in Office. When Mr. Conner went out of
Office about three years ago certain balances now
claimed by him remained unpaid. and he sent in
bills tho Comptroller for Al alleged to be
due to him for services performed in 1874 and for
$5249 So for services rendered in 1876 Comptroller
Kelly excused himself from paying these
bills on the ground that there was
no appropriation in his hands for the
purpose. The ex-Sherif brought an action for the
reco very of the amount, and Corporation Counsel
Whitney, after corresponding with the Comptroller
the subject, informed that official that his excuse
for not paying the claim constituted no defence and
he should be obliged to allow judgment to be entered
by default when the ten days limit had expired AT
the expiration of the ten days Mr.. Conner assigned
the claim to the Marine Bank, and this corporation
has since been seeking. nominally on his behalf.
to its payment. After some time MIR. Kelly,
who had been satisfied that resistance to the claim
was useless, drew warrant for 800 1879 43, to which
amount the claim had grown by accumulation of
interest The warrant transmitted to Mayor
Cooper, with the request that it be signed The
Mayor, who had some intimaton given him that the
claim contained items Of illegal character,
handed it over for examination to Mr. J. Adriance
Bush, who reported that tho Sheriff had charged
when there was not. in Mr. Bushs opinion,
shadow of authority for any such charge.
He hal also made other charges that were clearly
irregular. Mayor Cooper, under these circum-
stances refused to sign the warrant Last week APP
plcation made to the Supreme Court for au
order to show cause why q perpmptory mand anus
should not issue to compel the Mayor to sign the
warrant. It was made returnable last Friday, but
on that day 1t WAS adjourned until Monday at the
request Of the Corporation Counsel. Mayor Cooper
made affidavit setting forth the facts in the case aud
do nf1 Ind vaxvr for
order to show cause why the Judgment by de-
fault should not be opened and after the matter had
been argued before him on Tuesday he took the
papers and reserved his decision.
'sHoULD THE MARINE BANK sUFFERT
A HERALD reporter called on Assistant Corporation
Counsel Andrews yesterday In reference to the
He submitted it to the discretion OF the Court He
claim assigned by Sheriff Conner to the Marine
Bank the question arises whether the third party
in the case who bought the claim in good faith and
are innocent OF any irresniarity 1t may contain shall
"Do you think Judge Lawrence will order An open
ing Of the judgmentY
II cannot say. but from the opinions have heard
expressed hardly think he will.
"When do you expect q decsionY
''In day or two"
Ex-Sherlff Conner said THAT claim is as honest
allowed and what my predecessors always charged"
"How much of q claim altogether did you have
against the cityY'
ut was over ssoOOO. OF this the Comptroller paid
In IA when Green Comptroller. there $4,000
set aside for the expenses Of the Sheriff Office aud
$4,000 Of this used for other purposes and that
deficiency had to make up myself
Are you interested in this claim which 1t IL
alleged was assigned to the Marine BankY
EYES, retain an interest in 1t STILL" ~ t.I
Mayor Cooper was absent from his Office. and
nothing could be sscertained from him about the
matter.