The New York Herald Newspaper, January 10, 1865, Page 2

2 FINANCIAL AND COMMERCIAL. pov niente Mosvat, Jan. @—6 P. M. ‘The stock market-was moderately agtive at the first Doard, but the quotaitons un the street Were not fully Sustained. The ‘bear’ interest tgostill powerful, and there are few oF po outside parties coming fo as buyes to assist the “bulla” The closing gales sbowod the following variations in prices from those of Saturday :—Erle advanced %(, Reading , Fort Weyne 14g, Michigan Southern 1%, Northwestern 1, Cleveland and Toledo 1. Hudson ‘River’ declined 1%, Cioveland and Pittsburg 34, Michigan Central 34, Quick- sliver %, Martposa 24. New York Central was steady. Government securities wero active and stronger. Cou- pon sixes of 1381 advanced 3¢ a 44, five-twentics %, vew issue %. Ten-fortles wore steady at 1023. One year certificates declined 3. At the open board at one o’clock the market was gonera!ly higher, but at the second regular board the improvement was not sustained. The closing quotations showed an advance upon those of the morning in Eric of 34, Michigan Southern %, Cleveland and Pittsburg %, Chicago and Northwestern %, Cleveland and Toledo \, Quicksilver %. Hudson Piver docliied %, Michigan Central 4, Roading \, Mariposa 4g. New York Central, Fort Wayne and I’rairie du Chicn were steady. Goverument securities were quiet and barely steady. At tho open board st half-past three the market was dall. Evie cloged at 8444; Hudson River, 110; Michigan Southern, %4};; Northwestern, 897g; Rock Island, 10434; Mariposa, 16. The gold market has been free from excitement, and the fluctuations have been very light. The quotatious were ;— been on the whole @ dull ono in Wall street, The capita! available for loans has been already 60 far absorbed by speculators in government securities that some difficulty is experienced tn carrying large amouuts of the latter, and weak holders are forecs to sell out, which cheeks their natural tendency towards higher rates. Tue vatious! banks and other large holders are in- disposed to offer facilities to.thelr customers, preferring to employ the capital at their digposal on their own account. The weak holders will, however, be very s00n woeded out by the strong ones, and the public will come futo the strect as tuycrs and faciiltate the advance, in proportion to which the subscriptions to the seven thirty notes will be likely to Increase, Money has been in active derusnd at call to-day, but the stringency is loss marked than it waa in the latter part of last week. The rate, however, is strictly 7 percent, and 8 # 10 per cont for first class commercial paper, tho quantity of which oifering ts sinall. The statement of the associate.i banks for the week shows a sharp curtailment of loans, the decreaso under this head being $4,400, The deposits have increased $379,820, and the specie $436,631, tho latter being attributable to the payment of gold interest by the goverament and receipts from Call- foraia, The forcigu exchange market is firm but inactive at former raica, Bankers’ sterling at sixty days is quoted Qt 10934 a $j, and at threo days at 11034. Merchants’ Dills are offered at 108 a %. The subscriptions to the seven-thirty loan received at the First Nasional Bank to-day amounted to $314,000. The following refers to # mutter which wo have already @hscvased, Tho regulatigns are Lighly proper and shuuld be stric:ly enforced by the Treasury in its dealings with depositories of public funds:— Taxasvxy or THR UNtrep States, Diviiow op Nattowat pour * Warne. . 30, No. 1of the “Regulatious respecting the employment of national banking ussociations us dopositorics of the pantie woneya,'’ &¢., is heroby 80 niodided ae to read as ‘olluy 1. Any banking association, organized and doing bust- ness under the act omtitled “hn asp to. provide @ na:jonal currency secured by the pledge of Luited States bonds, and to provide for the circulation and rede a there of,” approved June J, 1864, may qualify iiself to become # depository of the public moncys and @ financial agent of the nited Siates by deposi:ing with the Treasurer, as security, sucli wn amount of Gonds and seven-thirty notes, or cortiucates of indebtedness, not lees than fifty thousand dollar, a8 may be premcribed by the Treasurer and approved by the Secretary, of which amount not less thancone-tenth shall be in United ‘bonds. All bauking associations now employed eameaicrien, and Whicu have nut already given security as requis by this regulation, willdo #0 within sixty days from Gato, in detauli of which the non-cumplying aswectations will Cease tw be depositories of public moweys and fancial agents of the United Stutes, ?. &. SPMNNER, Treasurer United States, Approved December 20, 1864. W, P. £453KNUGN, Seoretary of the Treasury. The follov: ing table shows tho totals of the statements of the associaied bunks of this city on the first Saturday of each monih during the past year, with those of the last two weeks: — 133,440,062 15s, 45 Lrtorovt rr Pr 134,616,307 154,989,544 Nery ierawtoss 1s, 44 05 151,068,500 189, 145,516,097 138,920,403 196)-3.; OT 4 19 290 Lees todd 19,0, ok 147,442/0 2 Tvs! 04,687 20162, 392 147,821,801 Tuo devicuons from the returns of the previous week ere as follows: — Doo reave an loan -$4,400,292 Ticruase in «joie + '4¥2681 De rowsoin exrouiatio 100,306 Tuciomse in Cons! Company are now paying the cou- pons de is of Jamaury instant, Ov tog Ww the faterruption of business in Washington occasioned by the Lolidays but few addtional national banks Were authorized daring the last week, A large bor of appiicadons, however, have been filed and sary papers neacy completed, and the list will pro- bubly be larg uy increased during the present week. The following were all that received the sanction of the Comptroller of the Currency during the week ending Janvary T— Nunes Bunk. of Commerce. .Georgetv Laucasver Oo, I Laneaste ve Bine Hill dank, ter, Mass, Farmers Deposit uk. Pitsburg, Pa. . Total new capital........ tenes view ly established wore authorized duriag the week :— Nome Leention. Additional Co, F ° Tord Bavidvi Excuauge Bar Total addir! nal coptad. Now capl.al as elora... Toral now enpital,.. Previously au:hor Agrregate exteting capital....... Whole aemier of Geuxe suthorized. Coie ney is od Coating abe week Previously inst. cccvesee aor oo OG $2tiae 6, JUD, 900 » following addi dor! raged & he Seer acy of the Treasury aa deposito- Ties of the p yo Frorail Columba, Ohto, Becunt 5 ft ak, Pa, Birsbitan cof Be ed, Con Teonty-dour bow of companies have been orpantzed “ 3 nit, With an aggregate cnplal of 100,00 They wow staud my follows: Con pories. Copite Rev atly ovgunt nt $11... 00,000 Previously orgnn + eh 2ho dove TOR sins gga <ds. 0000 ait $228,960,000 Pho \ logheny Tetley Retirond hes been lensed tw the Biahouwg and French Ureek Rutiryad Company, ‘he eros earatageot the Fwehourg (Moss ) Railroad for the lig Sovonper 30 wore $968 351 88, ond the total expousos $590,010 SY, leaving & wet toovaw $900,841 45 ND er paying iwe divideads of Jour per cent ome, free from the government tax, and all the ex Pear Of the +01 (or the your, surplug of the protite fem sina amouut £1..2.6 09, which is added w the roserve fuuds of We com, any Stock Bax hange. \ 16990 U8 6's,'81,cou 1114 Loo oo do... 1 2000 L86's, 5-.0,reg. 10U% 1000 di... 10 10000 US6's,5.20,cou. 100), Wu Mich Cont RI. 90000 do. new Lon 100% 60 a 80000 do. wew ims, 10% 50 10000 do. WON ine 10054 100 6000 US 6's, T4cou. 196% 100 B00 GO. cece s 108 1v0 6000 .S 6's, Lyrcer. wo dy... ... os Ohio & Miss ger. =X Mar, iui bgo 108 nic & NW, 1000 C: a 100 ais, is ‘300 By 300 Tax 100 Be 100 "” 00 u 200 By 100 Lit 100 Mich Svutl, dts 200 Cleve & P vo 200 J 300 soe 1000 Ba 0 334 2500 88 600 38: ‘200 38 200 - 200 100 38: 300 " 2 Sz238 ‘200 400 200 60 Mil RB 46 Bun Ski 8 800 Alton. RB 43 100 Chi 8 BOARD. -Past Two o'CLoce P. $8000 US6's,"81,cou 111 = 200 sha Mich So&N Ia 7436 14090 US6's,5-20,c.ni 1093 500 “ 14000 UB5's,10-40,cou 1023 +1000 19000 U S 6's, Ly.cer 973g 600 3000 vee OTig 200 100 100 700 700 800 00 500 200 200 700 400 030 S444 200 do, -b10 4 200 do......810 83% 600Chi& NW pref. TL 500 Hudson RiverRR 11 = 300 do... see 200 do... + 1103% 200 Cleve & Tol RR. 109% 100 do.. . 10% 1500 Os). ose vance 800 Mich Central RR 11254 800 Pitts, FWA&ChIRR 101 1 e+ BBO 11294 160 d0....0+4.+ 101, 100 do.... 1500 Mich So&NIaRR 75 CITY COMMERCIAL REPORT. Mopar, Jan. 9—6 P. M. Asms.—Receipts, 20 bbls, The market continues dull and nominal. Breapsrorrs.—Recelpts, 10,025 bbls. flour, 1,280 bbis. and 3,584 bogs corn meal, 1,453 bushels corn, 29,043 do. oats, The flour market continued dull, but there was no pressure to sell, and Saturday’s prices were realized with- out ditfculty. A salo of 1,600 bbls. extra State was forced off by an outside party, whose financial wants were rather urgent, at something under our quotations, but this was no criterion of the general market. Flour is rela- tively much the cheapest article of consumption, and the trade pretty generally understand it; hence there is no anxiety to realize at the exponse of reduced prices. Sales 6,500 bbls. State and Westorn, 600 do. Southera and 500 do. Canadian. Rye flour ruled steady and firm, Corn meal was in moderate demand and firmer, with sales of 200 bbis. Brandywine at $3 80. We quoto:— Sapertine Stato and Western flour. --$9 70a 990 Exira State. +10 00 2 10 30 Choice State. 10 35 a 10 40 ‘Common to medium extra Western. 10 25 a 10 00 Exira round hoop Ohio. 11 20 @ 11 20 We-tern trade brand: 11 35 a 12 00 Extra Bt. Louis.,.... 11 00 a 16 00 Common Southern. 10 80 a 12 10 Fancy and extra do. 12 15 a 15 60 Common Canadian. 10 20 a 10 35 Good to choice and ex: 10 40 & 12 00 Rye flour, Feperine 87a 9 25 Corn meal, bbis.... 8% 92 Corn meal, puncheo! 41 00 — —The wheat market ruled quiet, but there was no do- cided in prices. for No, 2 Obicago spring. Bye and Varley dull, wil 10. an were wi tales ot the latter of 200 bushols State 30, was dall, but frm. The corn market was firm, bat with- be age 1 to. Gata were d ait but advancing; prices jersey ut ). re) ul + doing 20. a8. higher, at $1 06 for Western. i Ourron has declined fully 20. per pound, with only » moderate demand, sales being effected of only 600 = 3 5 at the following quotations :— 19% uj Florida, Mobile. N.O.¢7. 105 107 108 116 ni 1a 1s 120 121 122 128 nothing of moment doing, but the ‘@ notice a sale of 60 bags Engagements to Liverpool, per iicuteal, lnclad 66 ubda, tallow at 20e., 1,000 boxee eliceso steamer 7,400 wo Alicante or with 1,000 hhds. tobacco, Hors. —We have to report again an active market, th remen, about 228 6d. inquiry being chiefly for priue grades for consumption, which are tirmly held, in view. of the small supply: Salos to-day were fully 320 bales, at 80c. a 600. for new, with fancy at 6¥c,, aud 25c. @ 8c, for 1863's, jULAssK—The demand was very light, but there was essential change in value. Sales of only 16 hhds Porty Rico at about $1 08, N.vaL StoRM —Spiits turpentine was steady in price at $2 10a $2 16 for French and American. Rosina were goneraily trmer, but nu sues have transpired worthy of noiice, Tar dull and unchanged. Ons.—Ln crude fish no sales of moment were reported, $1 4756 @ $1 60 being demanded for whaie and $2 05a $2 19 for crude sperm. We notice a rule of 1,000 gal- lons linseed at $1 43, which imdicates a firm market, Lard of} was quiet but firm at previous quotations, Mauufactured was scarcely so firm and quiet, PRivi ioxs.—Receipta, 816 bbis. pork, 362 packages beef, 877 do. cut mivats ond 358 du. luvd. The pork mar- ket opened activo, excited aid tirm, but closed dull and lower; eales 600 at $45 « §44 40 for new me t41 75 9 $42 50 for 1863-4 do., cach and regular way, closing at $41 1236 cusb, $36 '25 a ¥85 00 for primo, and $10 25 a $40 00 for prime mow Beef! was in moderate request and firm, with sales of 760 Dbls., at $20 a $23 for plain mess, and $21 600 $2410 for extra mess. Beet hams were quiet, With sales of on}; bbia., at $26 504 $27. Cut meats were only in moderate domand, but steady in price, with sales of 500 pack at 1740. @ 18 59¢. tur shoulders, and Ive. a 2ic. for hams Bacon sides were in rather better request, the snics reaching eome 13,000 boxes, at 22),0. for short ri 2le. a 2ligc. for Cumberland cut, and long clear an jong rib on private terma, Dressed hoga were in goud denund and rather irmer, at 16% a liye. for Western, Tho lard warket was unchanged, with sales of 1,600 bis. Bh WC. a Bh igc. uiter was steady at 36c, a 45c. for Western, and 460. a 0c. for State. Choese steady, at 1éc. w 24e. for common to prime, Prtwisom.—Receipis, 1,511 The market was scarcely so firm; yet there was more activity, and more busineas was done than on Saturday, expecially in crude- which suld protty freely fur (uture delivery, at some cor cession. ‘The sales were 1,200 bbls, redned, in bond, Toc. a 74e,—the latter an outside price; 2,600 do. in Philadelphia, on private terms; 600 do. free, here, at 980. 8 O4c. ; 1,000'do. crude at Sic. ;’ and about 2,500 for Feb- ruary,' seller's option, at 60c. ; also 50 bbls, bensime at 5To. Svuak.—Thore was scar ‘thing doue youn, but the market continu olders being generally unwilling to grout any Sales were light, com- prising only 900 bhds. at lv sso. a Zio. for Cuba miuaco- vado, and for Porto Rico. Retined was less active, but firm at 29,40. for barda. T LL0w was tirm and quite active. Sales 120,000 pounds at 17c. a 160. Wu xev.--Recer The market was lees 130 bie. active, but firin, with sales of $00 bbis. Wesiern at $2 23 a $2 94, chicty at thedater price. NEWS FROM MORGANZIA, LA. Advices from Morganzia state that all was quiet there, and thet the recent strict measures adopted by Genoral Ullman, retative to communication outside of that post have had & most selutary effect upon predatory rebela. The gunboat Gazelle had retaliated for the’ murder of Commander Thatcher by destroying the rebel residences im the vielaity of tho bloody deed. Ar expedition, consisting of a portion of Nim's bat- tery aud an mfantry and cavalry force, had been sent by General Ullman beyond the Atchafalaya, but met few rebels, who fod at their approach A coport was current that the ram Tennessee, captured at Movile, was to be wont up the mor, and probably tw Viekeburg. ‘The heaith of the garrison at Morganyia was good, Brigadier General U. ©. Andrews had been appointed to the command of (ho Vhird brigade of the reserve corpm News from Little Kock, (Derauir, Mich., Jao. 9, 1965, Advices reoetved here to-day from Little Rock, ark, Co.cu (ue Lat tust., eay that the military situation remains withont change. lien Wie D, Stewart was elected on the 2th ult, 41 Stace: Senior from Arkansas for ex years from the 4th of Darel west, recening @ two-thirds vote of buch houses ou the first ballot. The Arkatioas Le bil, Civerssati, Jan, 9, 1865, # oxtonsive ruiling mill# at Porsmoath, vecttoyed by fire on Thuraiay, with « large __OPDYKE-WEED. Close of the “Argument for the Defence. DIOGENES SEARCHES FOR AN HONEST MAN The Contrast Between New York and Athens. Mr. Fields’ Final Address for the Prosecution. HIS SHARP ANALYSIS OF PUBLIC MEN. Strong Argument in Favor of the Plaintiff. Increasing Interest Among the Spectators. THE CASE TO BE RESUMED THIS MORNING, &., &e., &o. On the opening of tho court, at ten o’clock yesterday morning, Mr. Evarte, on behalf of the defendant, re- sumed the eloquent argument which he began and sus- pended om Friday last. His remarks were principally conflued to comments on a number of cases from the law books, These were of Course addressed to the Court. The learned counsel then reviewed to the jury the course of argument he pursned on Friday last, show- ing the principal pointe on which he had Awelt, and then branching off to the questions which were sill loft undiscussed, ere were, however, but few new points involved. He contended that the ac. counts were not made up properly; that im making their claims for guns and other property destroyed In the fec- tory, the design was to recover from the city every dollar, to the very last cent that had been expended for the pur- chase of machinery und supplying the establishment with tools, He said that the plant bad utterly fatlod to make out his case. He then brieily reviewed the evi- dence in the case on the part of the defendant, and said that it was complete, perfect and coneluaiye in every respect, There had been no attompt whatever to impeach any of tho witnesses for the defence, except in the cage of Mr. Stover, Now, it was clear that thero is never any desire to tinpeach a witness unless there is some fear felt for tho force and result of his testmony.1 But how did they seck to impeach Mr. Stover? By call- ing people to speak about his charecter who knew. nothing at all about bim. First they called a man named Porter, who only had s singlo transaction with Ar. Stover; next Sheldon, who had heard Porier of Stover; next Cross, the New Orleans broker, who had also heard Porter speak of him, but who plainly admitted that personally he knew nothing at nll about him. On tho other hand, the defence called the Rev. Mr. Burlinghame, Mr. Quintard and other reliable gentlemen have shown that there never was anything thought by any one or sald against Mr. Stover. In.concluding, the learned counsel remarked that Diogenes once went through the streets of Athens with a solitary lantern seeking for an honest mau. We'piaced two flaming lanterns in front of our Mayor's office to show that we bad found them. Fer- mando Wood and Opdyke are the latest ilustra- tions of them. (Loud laughter fn court.) a presiding Judge said. that he would allow no such unonstrations. The court room was bo for them. Mr. Evarts then continued hts argument toa conclusion, He calle¢ upon the jury faithfully to examine the evi- dence that had bee! before them, and tf they should find that Mr. Opdyke was the kind of public man whose conduct was worthy of approbation, then they abould crown him with laurels, and hang the golden chain of their estevin about hig neck. Otherwise, they should con- sider the great questions at issue, the liberty of the press, of the commonwealth, and of afl that Is {roe in the re- public, He closed by saying that tho matter was left en- tirely in their hands, MR. FIKLD'S ARGUMENT. May It Purse tum Covsr: Geveuemen ov tem Jory— This trial Las lasted eo long, it is go important to the parties, it has excited go much intorest out of doors, and more all, 1t i# of such conrequence in ita retation to the administration of justice, that I shal! not conceal my solicitude for the result, I have no doubt whatever that the plajutiff is altogether blameless, in word and deed, in respect to every transaction brought before you, properly or fmpro rly, iu this long and discursive trial 1 have as little doubt that the defendant is a wanton aad malig- nant defamor, who has aasailed the plaintiff for being fh the way of his own. evil deeds and evil pur- poses; but I am to learn by your verdict what vigor yet remaius in the law, and how fur a libeller can be restrained and punished. This has not been a holiday pastime, It would have been more grateful, no doubt, to you, gentlemen, and certainly to us, to Haten to the Christmas chimes, and take up the festivities of the new year. There ja a strange dissonance between the contetitions of a judicial trial and the happy greet- ings of this festive time. But it was not for us o choose. We are here in the performance of high «duties, and whatever may be the discomfort to us they must be perforaaod In the performance of my share of them, while I mean to use great plainness of # h, I mean not to abuse my professional privilege. ' The great ofice of advocate shall Rot, if I ean avoid it, be dishonored in my hands. Your office, gentle: ig the gravest that can be placed in luman bands, An Jish historian has written that the vast machinery of the Knghish government ended at last in putting twelve men into the jury box to decide upon thetroaths. This {s as tras of America as of Kagiand. Even this Titamie conflict, whieh shakes this coutinent from sen to sea, has for its purpose and end the execution of the laws, There ig not an an army in the field, there is not a regiment in camp, there is not # sentiue! tread. ing the snow beneath the cold moon on these wint nights, there is not @ seainan in a chip of wat, from’ him who keeps the lookout at the toaethead, rocking to and fro in the howling wiud of January, to bim who ie standing at the guns be- low, but is working to bring in the relga of justive. The arity and dignity of the tribunals, the learning of the judges, the wisdorn and firinners of juries, are the aim, &s they are the proof, of our civilization. “If any extra: neour influences were permitted to cater rts of oe any pressure from without, or any clamor within, i mattors little what may be the form of goverument. Here we are to hear nothing and kn nothing but the Jaw and the testimony. Tho duty of the jury wae never better told than in that avcicat formula of the law with which they were addressed when they were empannelied, “Good meu and tru Stand together and bearken to the evidence,’ In the present instance, and for this great occasion, we have to congratulate ourselves that we bave our case be- fore this court and thisjusy. One of our greateet mi trates, a judge of our highest court, has come down to us from his home in the interior to hold the scales of jus- tice in evon balance. fled hardly more by his learn- ing and character than by his absence from all our enmi- tes, and all onr influences, ho will give you the law for Your governance, You, gentlemen, aro summon! from the hay? of the county to do justice between two of your fellow citizens. You are gathered together to perform a public duty, never probably to be ascembied again. we act which you are to perform will live in its effect ‘upon the public—will live in the memories of men, not pF ee Bete ve Your fatherm, ‘Tho libels for whioh this action is brought are two in mber, one published In the Albany Bvemng Journal, on the 18th of pa bya! and the other in the same paper ‘25th of same month. The first libel wasag ley hy secret partnerships, and gun contracts, than fa the city of New York, » Opdyke’ gon-tn-law, ‘claim upon the ivinors for ‘damages sustalned in the destrne- gins in the of manufaciure with the government, Maycr Opd: by, virtae of his office, a as of the Gommities before which thts olsim was allowed. Opdyke di-cinimed any interest in the gua « Ferlee dente) In the thit Opdyke was titeresied, and made an adldarit wie tne aubinitted to the owner of the gui tras committe Investig Ung an early day reeelyed a check for €190.00).. It 1 « reorived from the ogg ge) 08 the twas forwouvn in making’ ay the calm guint Sas iy e par aoe prom Od € 5 mon boon game to griel. He fefticed. to divi Ke aud Mr. member of the pr avut ‘come Bronce a galt ngatant George Opa xe tr it in persenting this. elatt vertieirm, O} Iyke declared, and his son-in-law Farlee made cath former had 00 ject terest tn ik in MeNeil's complaiat, pate denier that, BeNeu rested! wa himaclf the owner of th avo y the plaintiff, And thie answer to Modo: sworn to by Opdyke. This, therefore, ia 2 Position: to unalily bimeslf to act impart. rot the taxpayere of New Lork, op & commit, being Interested in the gun claim, hod Ut eon-in-law adde an affidavit, The chins is alley riner, aftor calling the ex-Mayor A swindler proven of profits, and in bia delonee, Opdyke made tos tue largect share of the cotitemet, vnwh, be | he had rept ated More than a y Fyne ond otuers ror f candidate for Mresident in | tht, As Weakened oy ia (rlemds (ate ied themselves into ® Mariposa Mining ¢ gaging the mires for $1,600,400, with Lue pres Eifthe Gienerals detts were tu be pa Waich, however, were ad, by the payment by le Fremont of $2,400,000 in Macipoma stock wo Mesarn 0 #8 * And, #aid the contdential and eal (riend of Gen: eral Fremont, who gave me this Information, tuere were other exactions eatortiona during the negotiations tust would make Jews blush, Tho second libel wis as follows :— Mr. Gibbs, the carbiae paten:es, saye that im the claim sab. mmiited Lo the Bupervigors, on which $190 was paid, there i ie eke con 40 he plesees, enlarge she Oett of cur a inquiry eons wo 8 ca the alleged malo Of the oles ‘of Burvoser ot W YORK HERALD, TUESDAY, JANUARY 10, 1866. ¥ 272,04 Ihe'sueaay tlagusts chat wore Hi at PI successive libels, the, dafondant’s wer and influence, Tee Haken T or “efgaen Fin, ae t at he was to make them, and ment Cae, torial gras tiers Is oar ov ro even, tooilor him 3-5-4 belf aa 9 witness to prove charged fae. or laquiry to ascertain t] fore be y_ added * made them, ea $207,008 aro the truth of the 29,819-00 the iota “9 aon, 6.175 0 Last | with the olan + 13008 18 First, the alloged ee h. eeaety sanforon! toons Sly Ws is a8, 186.1220 s,08t Mr. exaction ami ¢ sileass TOtAl...sscececseresven the alleged eae: Amount actually received. py oe ES acannon tT | It would fiot be puinber bined ° Jopont ‘nse, 20d ewiewnet te words a greater number client this claim. We are confident that tend ap, Kiri fog ltaacton (1 ha tie read ual eC eens jy x of by rioters. The city has Lever comp.ined wat pA pestis i ebio® ae nave was Tt is Wood, an interloper, , not car | claim was allowed.’ ot it our own, ‘thrusts biingelf in nthe 7 The Mayor was not, mémber tiff and the city, say! to the ir the Board of 8 tees; he Supervisors were f: goaplinas of soe desneg was ot was Treasury. the ‘gs arguments oon’ of not ra y that these gentlomen, Shanes ons cyan thom, ‘We are reazy ig dalnorers ine chara 2 sult.of Aly. Purley, Ct ime or, uniee. Sap Crommtarcen,. ausisitied go to trial a ius tuotit wad pay Say excess ae of te an interest in it. Omtbe contrary, he proclaimed it on Engh over the amount roltss ho, will mr ali: propor occasions. armory was called Opdyke’s sufficient sureties, to-return pero re 1 for months before the riote; it was designated as achauce for you, entlenen. Tho Corporat! or his in the account of its @estruction by the news- plier is the'p! iil’ 's political ment, th or} the day after. The nature of claim and his tion Counsel is the defendant's, ular friend p rusde Exterest in. ie was pnblished int Wrening. Pou by and, them if you can to abide by this test; tender tem your authority of Mr. Opdyke hii day the cinim | testify that they made up the nervices to prove their cas’; do this or couse your clamor, I have thus gone, step by step, over the charges of thts Ubol in respect to the claim forthe destruction of the as mory, and over everything which the defondant bas deem, able to gather from all quarters, creditable and discredie able, aguinst {ta accuracy, and everything which the de fondant or his coumse! have beon adie tu sy, orto insme ‘was progented Mr. Purdy, one of the Supervisors, was informed of it, while the claim. was I sigs ing before the committee. And when {t was called up Mr. Opdyk being invited to attend, came into the room, and eccnied himself from remaining by informing the whole commit- tee there assembied that, having an fnterest in tho claim, isrige; they called counted them, and they wero all fuily ginple xe suggested, however, than attenipted that these hands were employed in repairing as weil es making tools, and that the cost of repairs te nd not to enter into the price of the thing repuired. o he could not with remain. ‘Third—Weed answer ia-twofuld: first, that there wero no repaire but | ate, aguinst it, and I submit'to,you that every says that ye! payke sat on the committee nepaae ordinary ones, and those of very small account; and, | in the libol is shown to. boa malignant falsehood the claims of his son-in-law,” Every word of this ia | second, that tho cost of repairing, from ordinary wear | and that the whole fabric created during these false, Fourtbly—Weed says that “Mr. Opdyke refused to | and tenr, does enter into the cost and value of ® manu- | months to justify it bus been scattered in picces, divide profits fairly; and Mr, MeNeil, momber of the prevent Legislature, coment nil George ‘Tite SURVEYORS, Having thus disposed of the iibei concernin, span ant pert ie Opdyke forasixth ‘pert of the $190,000." Here are | ry for instance, enters into the price of the articles gold. | py “r come wo thay co: read egg three falsehoods in ong centence, Mr, Opdyke did not | Without estimating that, and putting it vpon the un- * peeralng nese witds: hae refuse to divige profs furiy; he odered all'dhe prods. | beakou articles, the Peg ta Riunzelf inn | ofthe putt of New York, It is tn these wu Opdyke cun, if he pleases, enlarge ihe field of luquiry’ « sataanteae the legal eile of the vftice of Surveyor of the Port of New, York for the moderate gum of $10,600. What does this mean? The compicint alleges is ing to be “that the plaintity hud ects sold the office of the Surveyor of the Port ow Yura: or had received the sum of $10,000 for on om account of the appointment of some prison to the sud office,” and this allegation not bulig denied must te taken tobe admitted. If tho meaning ics not bewu'st. ae alleged: and admitted it would never:heicss have becs apparent, The language and the context clearly in J» cate that the defeudant intended to chirse upon the plaintiff the selling of the oflice for $10.00. prove ii uamee tea iy eau oa hea yy y wl fag 10 bo Latter that the contrualction of Josing business, It thus appears that the machinery purchased of Marston, and the machinery and tools after- wards purchased or manufactured, were put down at their actual cost, and that the tools purchased of Marston ted b | MeNeil, member of the Legislature, did nos commence a suit; Mre, McNeil commenced one. It was not for a aixth part of $190,000, but for about €19,000. I will not stop to observe As an evidence of the 1m lessnesa with which Weed _ wrote that though the documents showed the amount received from the city to be $199,700, he cared so little for accuracy as to pul it at $199,000. Fifth—Weed saya thut, in presenting this claim to the Saperv! Opdyke declared “that he had no pecuniary intorest in tt,” This ery word of it; false. Mr. Opdyke never made un7 stich declaration, and Indeed never presented the claim to the Supervisors, Sixth—Weed says that, in angwer- ing McNeil's complaint, Mr. Opdyke “‘avers himself the owner of the share claimed by the plaintiff.’ Mr. Op- dyko did nothing of the kind. A copy of tie = were put down at their actual valuo a8 estimat appraisers, of whom Mr. Colby wus one. ‘The at tnde npou these two schedules, therefore, fall entirely. ‘Their amounts aro $97,920 An attempt, howevor, ought not to have been c! a preciation, because they had been used, Thoy had been in-use but'ashort tine. The "establishment had worked only about five weeks, and Lad just begu turn out its full complement of guns—fifty a day. Under these circumstances every wituces who teatided on both sides aitirms that the tools and machinery were answer seems to bave ‘been given to We better, not worse, for the use thus made of them. Some | 4), ta, if there be anytling worthy of ooctte. and be, therefore, knew better. Seventh—Weed | of tho witnesses do indeed say that if scattered and | {1Cir suatqmeuts, Ib tiara be au ta tt aooy veey says, “this, therefore, is Mayor Opdyke’s posi } gold to third pergons they would not have brought as closely, and I shail therofore read it from the repat tion: to qualify himself to ‘act impartially and | much as when new; but is not the test of its valuc, | COMtY: Min Bite “writer, MeNiol says that “e honestly for the taxpayers of New York, on a commiites he disclaims being interested in the gun claim.’’ This is false, like the rest. Mr. Opdyke did not qualify himeetf, nor atteinpt to qualify Limself, to act on the committee; it has already been shown that he did not disclaim being interested in the claiin, ~ Kighth—Weed says, that before the claima was paid Mr: Opdyke had repudiated “his own- ership of the largest share.” Thik, too, is uttorly falae, What was their pecuniary value to the owner At tho time of their destruction is the true test. They bad in the present instance increased largely in prico, in common ‘with ali other gun machinery, for two causes, baw the groat demand for guns orising out of the war, and the Other the depreciation of the currency. The witnesses nerally say the increase had been from twenty-five to Ey per cont, Taking it at thirty, and we have the real fortnight or pe ‘a week’ before Mr Andrews? Sppoinimnent he met bim at an oyster house OM the Gut ner of Broaiway and ‘Lweniy-thitd wtrecty where . Siz, ‘Androws aid to bim that if he (3icNell) “woutd Invry cede with bir. Opiyke to get for hite the office of sue veyur of thy Port af New York, he would collect on eure: to be collected at the Custom House ter. thousand doliare Driven by these proofs of his “fulsdhoods, the defendant | yajue of the tools and machinery which the riotera de- ‘Mayor mexpuayh, “Well, rotreata to the claim iteelf, ertes out, “Well, if 1 did make | giroyed—not $97,029 69, but upwards of $127,000. The | {0 {ih nite ee attuien tous ae Sedeanaened all these false accusationa, nevertheless the claim was | yext charges were for the finished and unfinished car- give Lim, or cawe to be colleced in the Costom Host unjust. This would not protect him if it wets | dines, far a8 the finished carbines are | Yen chousand dollars if he would go for Mr. Andrews true. A defendant cannot justify eight false accusations | concerned there is no bps me but there is Surveyor of the Port of New York. Q. What about Staa- Fa a ne eee see tt cilenaser ian, | Serenata aioe taste dioaia te ancoutoey agninanh (OW A 2¢ be would agree wo dropianton sed fe Se sue him into reat and Ace wi . | were unfin! . re drews).”” A moment -uf.er. euys, ‘ What he saynin the libele about the claim tself 1s cou: | {tT have never been able to discover, exoopt in the.dis- | Him (Andrews) rif ‘Bo, baa fs i about Andrey “le tained tu these two sentences; ono io the frst libel, and aye ey fibeiterto raice a cloud under cover of which | ld jr. Opdyke this story abowt -\ndcatty the other in the second. “Iv is alloged that $28,000 re- re if- yoo to de id not cheat tim. escape the consequences of his defamation. The carbin re Hedda dred 2 else. if tm question was a peculiar arm. | Nobody else bad a right someburly ceived froma the government on the contract was A fell, ater tulking—< do nyt ke ten In making up the claim against the city.” Aud “Mr | {5 tuake it; bobody elr¢ could tnal-e it The goxeramen hi ples ore bailar Calkins eh igtec ste carbine patenteo, saya that, iu the claim sub- | had contracted for ten thousand of them, and there was | iiisson pid he say he picked lim es, it be mitted to the Supervisors semeaien panereee earns @ fair prospect, of its more. One and | chose Mr. Wiltiumeon—have it clivae Ir yoo iss there ie a large swindle.” You by the | firty-four had dolh ‘and paid for better.” Then bi “L.went to Mr, way, that he has got the amount a little wal more were finis! and roady for told him what Mr. ko had done, though he docs uot even yet condescend tostate il | have boon delivered that day; flve Andrews) hat Mr. Opdyke wanted: wie te correctly. At first he gaye it as $100,000; 9 izhed, in with him to consummate bargain. week ‘after he gave it as $196,000; pertinps KCulrows at the xine place, at tho corapr of Tweut tare in the next libel, if he ventures upon ono, he wi pes strect and Broadway, ut thut game oyster hoa:e."” WI to $199,700, Hore are two senteuces, one of which pute sald? comatt tell af the sonvervasionsE weg the defamation in this. “it te that $: with Mr. wa myself there in ¢hat rom, and im that Mr. W: dr, Opdy 000 was forgotten,’ and the otherdn thie, “Gibbs mays there is a large swindle.” These charges are not to Andre Z coine ther ‘and geo what ld be aye rey So Dargain to be innde Besween im and Mr. anal ficd by proving that somebody alleges one thing and Gibbs says another. The law not allow aman to Hier .ghet’sel os as eal libel another in this cowardly manner. The truth of the said hd .would i 10.8 thing all must bo proved. Thus regarding these eT ae ore seller t, Pad cals ‘ondyke's, ected, charges, I will consider them together. They — $10,000, If he would got him the a ce: fear scatence’ is" intentional forpatelnaas. ‘Tbe of the port of New York.’ again: Q. “What if any, did you make to him, or bie, Wil todo, Q What did you a anuirowbopayba defendant must coavince you that the claim ig Hlegal and tajast, but that the pluintift anew thar it was | Pout vuluce added. together, ‘Thus, for oxample, do vilocved $10,000, he would g nud ir tg cit ores: ‘80, and procured Its allowance by gross artifice.” I might | take the five hundred unfinished all the parts of } ni intluence to get’ tho place Sr tian 0 wld y content myself with reminding you that every in- | whie were completely for and whi od required | 14 communicate this to Mr. Updyket Answer—“He is terested in the claim, every person concerned in gettin, to be brought together, assembled, ag itis called, tomake | 1, i pk Mr. Williatuson to come aud ‘seo’ hits it up, e person voting upon it, suppored it was leg the complete gan at an expense of $1 97, way and rt about this burgain which wae meade and Just, Jones—one of the defendant's principal wit- | should value the barral by itscif, the lockeby itself, and | Wii, “SOF (nant te MENA, Nn nesses—suggested it, aad declares on outh that he thua | go of each of the other parts, and add thoir values | 16 aia rey from Mr. ‘opdy ke? ‘A. Yea, Firs considered it, and does still consider it, | legsl | together to got tho amount tobe ‘claimed. We say Wo | Teaw dir, Opdyke 1 asked hi if he had wesw hit, Wie and just, and mado upon the correct theory. } ghould take ke price of the carbine, as the goverument Narnson, and he sald be bad; I moked uim if tuings wee Keene—another of the defeudant’s witnesses— | was to pay for it—which was no more, as all the wit- satisfactory, and ho eaid they were, and ina iew doye gives the same Sor ige alng says he would | nesses say, than {is fair value, and deduct the cost of | itr Aadrews had his appointment.” Not content we swear to it till Le was blind. the spent fe bringing the parts together. Is not ours the true mode? | 116, version of the story, he gives another @ ehort te made it up, swears the same thiug. Mr. Farive Mr. | No other will compensate the manufacturer; los@ than | grcewards. Im this he gives s8 thus:—He (Andre’ Opdyke both affirm upon oath the same opinion. Wodld mode is not the truco Ht uot, therefore, be ynjust and eriel ¥> fx upon the Sie is nee one y;, Hf our one, then this rosult would follow, that while the owner | , W.amed ine to ge lw Me, Updy ice wnd Get bin bo: get appciutment, or Lo use ils intiuence to gt the upprine ploindit the atigina of baving designed the perpetration | of ‘a complete gum can recover ite full yo! of Surv @ What aid you ton say to dis. of fraud, oven [f the ciaim should be pronounced untens- | trom a ® who. destroys ii, yet it NA meut, “ree. : , . ble? But Iwill not stop bere. Iwill accept the chal- | owner has perchance taken it 0 pi J 7a laid the | ADdrewe? A. I said what vbject wil you muho it to se Opdyke if he mu this appoiutiacu? You knot 2 got ba by te remy of Stamot that be trying to get appointed there Hie duda’t cay how mach he was wiiting to do, and I don't know whi he mentioned the $10 600, or |, bat one or the other mentioned $10,000; that ie aboutit. & What did he, (dir. Opdyke, tell you wien you went tohim with the proposition of Mr, Audr A He said Le was trying to get Nr. Stanton appointed, but be dido't kuow Whether tuere was Gace conuce lor bie eo lenge of the defendant’s coupsel to try this claim as if this were a suit againet thé city to recover it; and T undertake to suow not only that the claim was alt of it recoverable, but that it was less by # large amount than might have been justly demanded aud re- covered. “To this point, divested of al! other etroum- stances, I now invite your attention. The purchase from Diarsion was made on the Ist day of December, 1862, the property was appraised by two appraisers, one parts cach by iteeif, to clean them, aud ihey areall in ma one Preston othe on oly ee 9 ‘of the ires- sser tho ate Value of tho separat rior valued he passive inay be aleo Thidetrated 4 reference 10 ano fustry it of war—the iron-clad Dunderborg, now lying uuilnished in Mr. Webb's ship- yard. The rioters sought ite destruction; it was, how- ever, saved. If it had been destroyed what would have Deen the measuse of Mr. Webb’s claim agalost the city? whota was Mr. Colby, a member of the well known firm | Wout shit outa pelt tus its | 2180's kuow OFM. How & Go.; Wtamounted to $04,185 0% which | Iyeunpiovesiatcr That would be very Litle--provubly | Ot; don't know wit ely be eald, Wut AY any fal te Was about $10,000 lose than tt bed cost Mr. Marston. | iit a hunaredth part of whatitcost. No morchant would | Réteed (objeoied tw); well then Le suid he would drap Mr. Stauton; im the trst place he wanted .o know if An drows would not cheat wim, and then be said, & don't think there is much chaiwe for Mr, Siauton, and if I canaot get bim I think [ will go tor’ Me Androws—l thiok I will @ If what A things was arrauged to hiv saistaction, of course On tie croms-examination Le gives sii as follows:—“sir, Andrews met it Rot use wy infiueuce Wie Sir. Opdyke wo get him appointed Surveyor of the port of Now \orm | sald wo Lim, Mr. Opdy ae ig working for a mau by we Wu, Mr. Farlee paid $91,154 06 for the whole. Of this pro. (ghd there remained at the time of the fire $67,003 31 ib Value, estimating it at the same price which had heen pald to Mr. Marston. Between tle ist of December, 1862, and (he 13th of July, 1863, the time when the property was dostroyed, there bud been mided machinery, tools, fixtures, &c., purchased or manufactured, awounting to $30,526'88. “These two sums mace $97,020 49, which are put down as the tolal value of the property orclusive of the carbines manu ‘apd in process of manu. facture, Tho number of manufacuured carbines wan five hundred; and theese, put at the price for which $28 a hove bovghtit, For pu ce of commerce it would hut have been worth # dollar, There would have been no market for it, The fair value of the structure is tts value to Mr. Webb for purposes of sale to the govern ment; that ia, the government price less the cost of nish- ing it. Thus was the claim made up, When it camo Lefore the Supervisors, the Examining en pormnng dirocted his attention chiefly to another mode of esttma- ting the value of the unfinished carbine, aud that was their actual cost, Though thes was not, ‘as we eappoacy the true mode of estimaiing the val it so bappe that the amount aimed ana the actual cost were nearly coincident. Which ever way the calculation was made, | ininic the result was the same. The elements of both caloulations any name of Sian Ldow't know whether Le wili wilitug to leave bis friend tw go for you. Me bald, can make it agreeaile with ulus, avd i will 40 ‘tbat is asked. 1 suid to bim, wis object we wore stated in the testimony taken oa make it to Mr. ke if He will drop Sianion aad For the purpose, therfore aaclg cavil and de. er ou Whesbar 1 mentivued $10,005, oF Mt Aas ing Tull bos bento the rews mentioned it first, 1 caunet say; dub be ent. Ji will thos appear that the carbines | (oSt,.Re | would give, OME, UPd ke) OF Cate ae actually cost all that wae claimed that Tif Mr. Opdyke would drop bir, Siauion and gv ft & Peuw w ‘The five thousand five hundred unfinished car- six hundred and pinety- Pout of respoct of Mr. It bos not been alleged that thoro was any error in the ry and pn Cpe a number and kind of the articles charged de- was Kev sab cartonee pe pombe my is siroyed, but in tho values oilxed to hed aad unfuished, set forth at length — Notwith- his private Here, let tt be observed, at the ouleet, tbat the Libel Siaading his pecuntary interest, ir. Opdyke ro. anervi sailed only the claims for the uflniahod carbines, The {raived from it personally to tape ate oap-tnree been Ww see final taderine dgasa hater eae | tether eoetceae ran om ch | foe y t facture.” He could, therefore, ha ve had 10 idea at equented torte before the Ooverniet Trey bale beg ti there was anythi in the residue tee tate. And even down t0 the teial ecuner he ie iE il hee da Se thd such idea, poe, FP was interested in the chim he covld — a” = aay seal Con monsisous dasue only desired them to treat #8 as they would ¥ cross-exainination the follexing oocurie' : —* pagravated libel—took ocoation to 827 6 tat the | any other, “After Le left it was cousidored, aud ahuwed | que'tuecretien veiwecn you god Int aie i ase Hae ove, faci knee" mam gre bcg | tngeraatnm stg apeee iw matng | Meir te gease et ys atin t,o ut or ji mak i pos ‘ reserved the brillant govius of Saver 1o discover and | up che claim ie Use’ steungeat of ail the sr ies peat oyna Ln ot A convinee Weed and his counsel tha: the transaction was | which this cause has engendered. The cia’ my gH tor pany soar ae | Aishonopt, onfe'F and unfust, But lat us examine it {or | nothing Which Lad boes delivered to the on Rg peg bae prea oop ourvelves; and iu detail First—ne to the tools. Mr. Coiby | and thoreforn-eperited nothing which had boon er want | LSu'he Gulwce on thet wscinan a Oat ein ott valuod, acevrding to his excollemt Judgni all the | be received from the goveruinent. Hae it nover oveurred {or me te give the conversion, @ ‘an yor give 02 tools purchased uf Marstom, and ke Yestifes 16 the cor- | to my learned frien that if thie elu wes improperly ol le lacgwngh coed? A 1 ouiy sxeuttest Gmng 00 Foctnass of the value put upua Yivm. He also tevtiiien | allowed, the Super isors and ihe Comptrotier of the crip | MY Cf tise lanunaue used? A. I uly evcottenl rite Lie that (he machinery wae velued at {ts eost, the billa being | aro equally cuip: bie with the capeck- Sclra Canyon tive cay of the edieage wrod? ‘ited 40 the eppralvre, aud the divevent articles | ally” the Gocupiroller, are fans OF Whe | Pa ult b oce willy ca arena ae Gun you riled as Detig om hand nod ‘In good order. Mis texit: | city teeasury.” The’ Mayor bad merely mae. | {40s ¢ think sic cma tipple word, which yoe tony in this respect ts corroborated by tbat of Marston, | pensive veto, The y Committe wae | edt 10 day) here me uae by eeuror Btr, Opdyke To ulsprove tt the defendant brought forward this Stover, The ier | Was bound | Fa“at conversion? Aiden thick £ cau pin i ow woose character aod the clrevmstances of bis int thon into Uhe ease will be considered tentimony on thls pol that eight different articles of the machinery were bought by Marston of Lim at pricer te than those any Flugle word; [only recollect the clreurnstance in & eral way, Tie con enution that Wok pice wan Lp ¢ (By the Court.) Do you tnean & ny that you do ot Teeativet the substamce Of wha vecurvou wk Uvab inter. View? A. I recollect the subaance of ft; eos 8 chaiyed=—the diitereuce on the whole bet red ” ced DERE th ‘wed that Stover’s testit Counsel to ive at . . ap utterly taige, Mo toca futher thas certain ounce | ant'e I though @ thrust at the pluincif, t# rvally » | ‘ree versions of ~~ 1S Sapee Wee ey which he did tot sell to Maretou, were over | stab st ee the City Conptrofier, and the a ” cherged. He could not know what they were sold for, | City Counsel. there was ye g im the claim, McNeil that “a fortnight of perhaps a week’ be since he did not sell them but his estimates of the prices ; hat te the reason why it wae Twill here | fore Me. y appointinent be met hie at an ove for the next eit Be BL bake as dir. Opdyke ee ;