New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-11-12
AGAINST ALEXANDER DOYLE.
JUSTICE COHEN DIRECTS A VERDICT AD-
VERSE TO THE PLAINTIFF IN HIS
SUIT CONCERNING GREELEY


STATUE MONEY.
The fury in the Supreme Court suit OF Aiexaho.'
DOYLE against Whiteaw Reid were yesterday dl-
rected by Justice Cohen TO find a verdict In faVor
of Mr. Reid. This was decision made upon 'ne
! motion Of Henry D. Hotchkiss, one OF Mr.. Ken
oourse1 at the conclusion OF plaintiffs case on
Wednesday, Mr. Doyle, who is sculptor, ciaineu
that the moneys that came into the hahds Oh WI
Reid and The Tribune for statue OF Horace
Greeley In 1872 and 1913 should be paid over 10 nun
as the maker OF the Greeley statue that was ereNt
cd in Greeley Square In 1894. This claim was as
serted under n contract which Mr.. Doyle maze III
1859 with a so-called printers committee anu ,
other Executive Committee composer Oh ,n
W. Niles Nicholas Smith. Generai Jonii ,.,"
and John @. Howard This EXECUTIVE Co,."
was formed in November, 1857 as the result Oh al
cndeavor by Mr.. Niles to revive the rlee''' &C.,
ment Fund Committee, organized IN Jahua,'' 100
10 raise funds for such "A statue. MT .>"eS wa
tho only member OF the original committee WI"
was member OF the committee OF 1874.
IT was proved BY the testimony of Mr.. Niles ana
W Data ho,h ~ wbom the plaintiff called 10 the
stand that the original project laiIen !" 'o'"' "
causc Of tho panic of that year But there hau then
been collected and in the hands OF andre" ~
Green, as treasurer OF the iund' ABOUT s%''"' ine
Tribune had on hand about Sl.5n whiie george W.
~biIde and James Gordon Bennett had each sent
&, 900 I'm 1872 before the committee was FORMED with
discretionary authority to Mr.. Reid 10 use 1t FOR
a statue or otherwise, as he thought best 10 hohor
Mr. Greeey's memory. Although the committee
of 1873 had failed in its purpose Mr.. Reid went on
to carry out the wishes of the subscribers 10 the
fund by having erected. at cost OF more thah
slb 900 the statue of Mr. Greeley by J. O. A. Ward
that now stands In Printing House Square In front
OF The Tribune Building. This expense was IN
CURED and the work OF the sculptor was largely
done many years before the attempted reVVa' "a
the old committee in 1857 and 1t also appeared that
the plaintiff knew all this when ne mauo HIS co"-
tract with the printers in 1889.
The testimony also showed that the action OF MT.
Reid respecting the erection oil the Nard statue,
the Of the moneys In his hands on account Va
that project and the selection Of the site Tor the
statue was taken with the approval ana app'op~-
ton Of all the members OF the committee Oh 1915
who could be consulted and also with the consent
OF the majority OF the Executive Committee APP
pointed In 1897. II was also made very clear D!
autograph letters Of Mr. Bennett ana Mr.. Childs'
which Mr.. Reid presented In court ana an editofi'i
in "The Herald" In January, 1880, that both OF
those gentlemen heartily indorsed the disposition
made by their contributions. Justice Cohen re-
marked before the conclusion OF the testimony
that the committee OF 1873 having collapsed, II was
perfectly plain that after "A reasonable lapse OF
time Mr. Reid had the right either to return con-
tributions to the subscribers or else use them III
the carrying Qut OF their purposes. lie put the
query 10 plaintiffs counsel Herbert +. Andrews IL
that time had not arrived In lol when MT,
REID made the contract with Mr.. Ward. Ana IL
not then. whether the fourteen years '""'
elapsed before the meeting In lsN did not dispose
Of that question Mr. Andrews, who had presented
the plaintiffs case with great fairness. said that
ha thought that waB new question: upon WIN" ho
authorities could be found.
When the plaintiff had rested without introduce
lng any additional evidence In behalf OF MT Reid
Mr. Hotchklss moved hat the jury be directed TO
return "A verdict for the defendant. saying
we move that Your Honor direct verdict In
favor o. the defendant! on the ground mar the
plnnuN has shown cause OF action
There are many objections 10 the plalntlH y
right to recover that II Is difficult 10 select those
which mag seem 70 you the most cogent
4 can personally conceive OF no theory on when
the action can be maintained. while there are many
grounds on which Il may be defeated. The evidence
offered by the plaintiff himself shows not only that
be has not nnd never had any claim, legal or
equitable upon the moneys in question. but. further
the proof shows that Mr.. Reid has fully accounted
Tor every dollar that ever came 10 him or 20 The
Tribune Association. and has devoted all OF such
moneys 20 the purpose Intended by the several
donors thereof and that In all he did he had the
appreciation and authority OF the chairman OF the
original Greeley Statue Fund Committee formed In
is5 ln addition 20 tha, OF the subsequent Executive
Committee ana also OF many OF the individual
members o. the original committee as were then
alive and accessible
In the FIRST place. this so-caled committee. which
WIS organized Ia ls73. Your Honor VIII notice. vas
an unlncofp0rltei and wholly incompetent body II
was incompetent 90 act ~ trustee because II Is
we'll settled law That an unincorporatei voluntary
association cannot be- trustee
And then We ARE met with the fact that tbs sub
jcct OF the trust was equally impo'obe Inc
benehcllry o. = trust cannot be- 4 sihtue. Eut
aside IRON these considerations. assuming that
This committee competent TO act as trustee,
lion we laye the fact that tho committee utterly
failed In It's purpose. that because OF me pane OF
ia II unable 20 get now subscriptions, or 20
collect those previously secured that The project
was abandoned nnd that from 1913 until November.
nolhinE was done. II Is true that In Novemn9nr;
$50 Mr. Nilcs sent out letters 10 so many OF tne
lmost OF tho Subscribers being then dead. lnYt-
ing them 10 attend tnGe,ing at hi ono" anS 10
persons were present NJ this meeting Gcnerai
cochranc. Mr.; Niles and Colonel c.s mtnnou,
neither General COchranc nor Colonel smith was a
member Of the original committee 20 tnat 2i me me
original COMMITTEE, OF sStynVe members onS MI
These three gentlemen. Mr.; Niles. Colonel smith
which thev constituted themselves and Mr.. How
ard A so-callcd Executive Committee. and without
further attempne to rrors"nn ,r on" nrIrnoiIv
mttec, or to accomplish Us purposes "a m,,s
contemplated. they decided TO adi "nni htug
NJ Hreen 10 the moneys collected boy the so
called Printers Committee. and 10 join that com
mtiee In u contract with the plaln'ii' MI DoS''
for the erection OF n Greeley statue 49,, as,
III is manifest from the evidence TINT thus Ex.
,Suf nrsgIna "nmm,cc had failed to accomplish is
object; that the moneys nj W. ulspos"l w. WIZ
u "a
and ,6at /, merely sought to make an end OF the
matter by contributing the moneys IN me nahas o'
N,ssrs Elles and Green - n purpose hIVt"NIWd;-
ing that originally contempt lted. Now. MT l'oye
claims tina, the contract given to him contains an
pssgnmcnt to him Of all tn" unpaid subscriptions
IN mo original committee rs well as IN" moneys
I'm tho hands Of Mr.. Reid. But there are no words
Of asyignmeni I'm the contract whatsoever Assam
inn that the original committee could have made
such an assignment. ] think II is beyond question
ina, this Executive Committed could not assign,
and moreover. that they did not assign. anything.
''IVo have therefore, Original committee.
,ormed Tor n purpose which II wholly failed 20
accomplish which WAS abandoned the committee
its.n becoming dissolved by lnactlOn and lapse OF
lima tho mo, ting fourteen years aftcrward OF
three gentlemen. TWO Of whom were strangers to
the original committee. and these gentlemen max
ing a contract to dispose OF tho moneys IN the
hands Of one NJ them. and Of another tMr. Hreen,,
not then nrpeent which contract contained no
words carrying title to any funds in the hands OF
Mr. Reid. and Of these facts the plantln predcates
his right OF action. ,,, - ,,..
"R,it there are other objections which go rather