, 1880-12-26
Nr, Rufus Hatch, OF Wall Street,

fast although he disputed the present indebted
pess rather than have lawsuit he would will
tng!y pay 200 more and call it square, In his
charge Judge McAdau, OF the Marine Court,
told the jury that by this remark Mr.. Rufus
Hatch, Of Wall street, had admitted an 1ndebt-
sdness of 500 The defense took an exception
Uoder the Judges charge the jury gavo a yer
Let for Brewster s. Co., OF Broomo street
lit. Rufus Hatch, Of Wall street, carried the
ese up to the General Term Of the Marine
Conrt On the exception. It came before Judges
Alker and sinnott. Of the Marine Court, in De
seneer. ls:a They affirmed g. the 5udgnent mt: An N
tie Common Pleas In March, 1879, Chtef-Jus-
nce Charles P. Daily and Judge Van Hoessn, Ut
the Common Pleas. reversed tho Judgment on
argument, and ordered new trial
The case was again tried before Judge Alker.
1t the Marine Court, and & jury on Dec 8 lS79-
By this time it was exciting universal public in-
ierest. On this trial facis were developed which
astouished even the astute Mr.. Rufus Hatch, OF
Wall street. bur which were not pleaded In de-
coachman for s1r. Rufus Hatch, Of Wall street,
acknowledged that he he had
RECEIVED PRESENTS IN MONEY
from Messrs. Brewster g. Co., of Broome street,
ct different times Tho following is an extract
.Mn Upton .. JENKINS, Ct Park avepue-Tho
bills used to rnn along: About Jan. used to
and get something cannot tell how much
got each year I never kept any account The
present 1 received %a3 III money.
"Ex-Judge William Fullerton, Of New Jersey,
Of counsel for Nit. Rufus Hatch, of Wall street
of course you didn't know why they gave you
the money?
"Ar. Upton B. Jenkins, OF Park avenue-No
rr. / never asked them why
After the defense had rested, Mr.. Brewster. Of
recalled in rebuttal, and questioned as to these
sratuities- He acknowledged that he was in the
habit OF giving rratuities to coachmen- The
~Ex-Judge William Fullerton, Of New Jersey
What was your object in paying the money?
MIR Brewster, OF Messrs. Brewster Co, OF
4loome street-1t is custom imported from the
"E1-Jndge william Fullerton. OF New Jersey
We don't want the custom OF the old country
~Mr Brewster, OF Mcssrs- Brewster t. Co., OF
Aroome strcet-Weil, I could answer your qucs-
~EI-Judg1 William Fullerton. Of New Jersey
~Mr. Brewster, OF Brewster i Co, Of Broomo
Induces coachman to feel moro pride in his
eaniaRe. He has to treat his friends. He has
Heat money. 1t is credit to us and credit to
~Ex-Judee William Fullerton. of New Jersey
is it not TO induce him to bring the work to
Jour shop and not somewhere else.
Mr. brewster, Of Brewster &; Co., Of Droome
nreet-lt is not. II coachman should ask for
tive would kick him into the street,
h AdephpMs y Papc Of noar9s ~ eft street Of
seques1ed Judge Aiker, OF the Marine Court. to
charge the jury that If they found that Messrs.
swste1 Go Of broSme stFees had paid
eoechman for Mr. Rufus Hatch, OF Wall street,
M the purpose OF improperly influencing hi.n
@einterests ct Mr.. Rufus Hatch, Of Wall street,
TIE BILL WAS a FRAUD.
md Messrs. Brewster g. Co., Of Broome street,
auld not recover for the work. Judge Alker,
The Marine Court. refused this request, on
Re ground that there WINS no evidence in the
case that would warrant the jury in arriving at
nv such conclusion. Counsel for defendant
an The jurd GsrdSt 1s
sstense again appealed to the General Term OF
@e Marine Court.
AM sa5s 5so Tas ~ heard ncfor fS 6e1en On
soesldan and Hawes aud Chiet-Justice Shea. OF
ne Marine Court The defense claimed that
Judge Alker. of the Marine Court, in refusing
W defendant constitutional right, as the jury
qTaeht to be allowed TO pass upon the evidence.
rnnsssteTdsy the Court rendered the following
Ne are OF opinion that the scheme which
@e plaintiffs admitted on the trial to 10 4 part
Their plan for encouraging business 10 oo
Eouzht 10 their factory is contrary to the pol
2 q the law 1t is, in the eye OF the law
sasch has ever demanded higher, certainly
LIT severe, conduct than the aCquisitlFe spirit
- oade ana commerce seemed inclined to en-
pps.e-a custom contrary TO good public morals
Ssscanse It naturally must result whatever
s.,E LII ne the Intention or the plaintii1s them
ases, IN subsid;zing Servants In the employ
aeot OF persons owning carriages, who arc GUS
s, 1ets, and OF MI sach persons who may be
eSss.:aomer5. The habit, according to maxims Of
~ aa'efsal jurisprudence. is pernicious. Illegal;
Nv n.y. 10 custom, even If known, OF particular
tM'use, or common usage itself, can commend
~. 70 The liberation OF courts Of justice. That no
eoa.S -u can serve TWO masters Is mandate OF tho
~Hn3nnon H3no Law as well as religion.
"ee are OF opinion that if this defense had
Hn H@a,o formally one OF the issues In the case
o'4o nave made. when proved.
VALID DEFESsE.
nv Ne can have no doubt RS to it's proof, for
fs..At N 70 be found clearly In the plaintiffs own
s;m;.Nu3a!, and could have bee regarded as an
Hst Hsson on 1or the purposes OF the tr1nl But
tha f faluc4iar defense NAs not d formal issue In
fhss1se. 1se. II came out Oh the trial, and perhaps
deed vas .a nIst known to the defendant. who, IN
nil aestlned that he knew nothing OF the re-
~ oIcered By hts coachman until the account
fense enssented to him for payment That de-
bne vas Eo1 made Of the issues by amendment
ams. aMouoa made for that purpose. Such nn
Ind alient would rest in the discretion OF the
Ths ootn as to its allowance and as to terms.
toee;aI Ioeo! Is not by appeal, but perhaps by u
ID ~ appt1cad0u at Special Term, on the case.
1new nse on terms to amend the answer and for
al Taa1 tt1a1 On the issues as amended. The GEN
tormxI..u can pass on questions actually and
presented by tho record only.
nat - 1uusc declined ut the trial to charge
eed ~ ae subs,dizing uf servants could be cousid-
knmc3a ~. ehe Jury, and placed hts ruling upon the
he ~. ulAt there WIS no evidence upon which
nsson yd conld consider thu1 request In this
4encaa .os MS ruling he erred: there was evil
d. ies snd evidence TINT should have gone to
R9t ~ Nh u toere was any issue On that matter.
&e1na sa,a was no such issue to which the eyi-
kkas< u4aQ Eelate except Of course, as It might
HtiS {E question OF the quantum meruft.