The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-01-25
DON'T GET DAMAGES ENOUGH.
Lawyers Who Want Two Commissioners
In Elevated Kond Cases Removed.

Lawyers Who Want Two Comn,lsSlOnern
In Elevated Koud Cases Removed.
W. G. Peckham asked Justice Patterson OF
the Supreme Court yesterday to remove Eu-
gene II. Pomeroy and ex-senator John Fox as
Commissioners in a large number OF actions
brought against the elevated roads for dam
ages to realty. Mr.. Peckham. who Is counsel
in several cases, said that Mr.. Pomeroy has
friendly leaninGs" to tho railroad. and would
he prcjudiced in assessing damages. In other
cases. he said. there had been free and linn
Der swearing" before these Commissioners
He wanted Fox removed on the ground that
Fox had been getting his friends and his son
employed on the roads. He said that Fox had
been a Supervisor with Tweed. and had been
on the famous County Court House Committee.
I'VE don't want to GO back to those times"
said Justice Patterson. Perhaps MIR. Fox
has repented by this time"
Dir. Peckham intimated that Fox, who Is In
the iron and railroad supply business at 100
Broadway. has been purchasing old iron from
the defendant or selling 1t material.
Col. Z. c. James, In behalf OF the defendant,
| said tho afidavits presented by Mr.. Peckham
were not worth replying to. They consisted
OF u tissue Of rumors and allegations on hear
say.
These are some OF tho allegations on infor-
nation and behalf in Mr.. Peckham's afldavits:
That L. A. Ward. who had done legal business
| for tho railroad. had an. office In the same suite
real estate experts called by the railroad in
sh ; ssS cases: I is a fhn% 4 M eS%sr9 az a that s, rInst
Meyers nominated Pomeroy as Commits
s%i"nsr;sS oo that t.S Msy Tassiy and s4 anSther from exp .Hs
railroad for expert evidence not worth So. 0OO.
and that John Fox's brother-in-law. the late
DR.. Shine. was employed by the road. JUS
tice Patterson reserved his decision.
Cannon 4 Atwater had previously asked
Judge Gildcrsleeye TO remove Pomeroy. alleg-
ing that he WAS biaSsed in u case OF theirs.
Judge Gildersleeye decided against them.
Mr.. Atwater said that the Commissioners
we're paid by the road monthly. When the
the approved lawyers tho, company would not
agree 10 give more than the statutory fee OF sd
u day. They only agreed 10 the $40 an hour
compensation as "A sweetmeat for those who
The complaints arc against, awards made
by the Commissioned which plaintiffs coun-
sci don't think high enough. A. SUN reporter
asked Mr.. Fox last night what he had to say
Tin the hist place" he said. they are not
worth paying any. attention to. There Is not a
citizen OF New York who lived here In the
Tweed days who does not know that ! was the
opposed Tweed, and that was sent TO the
Senate In Tweed's place, SO far as tho iron
business is concerned. / have not had ~ trans
action with the elevated railroad company In
books will show it. Twas appointed rs a Com
missioner to assess damages, and am an
officer OF the Supreme Court. ! have done my
duty conscientiously up 70 this M and | be-
lieve | have made no mistakes City property
elevated roads, and it is the business OF the
Commandments to shy 50 when they find 1t so"
MIR. Pomeroy WAS not ut home last evening.