The New York Herald Newspaper, September 15, 1871, Page 5

Another Field Day and {ts Results. jae pa . wenger Ee Conclusion,-of Mr. 0’Gorman’s Address. Able Argument of Judge Beach in Behalf , of the Comptroller. At an carly hour yesterday morning the Oyer and Terminer Court room was filed by a motley crowd, and a struggle for places ensued that might have been troublesome had there not been presenta large pumber of the officers of the Court. CONCLUSION OF MR. O'GORMAN’S ARGUMENT. ‘The first business in order was the resumption of Mr. O'Gorman’s address on behalf of the defendants, He aid: if the Court please, on yesterday I had the honor of presenting Lo the Court thesé Doin s:—Pirst, that the plaintuy had no legal capacity to sue, because the section of the act of 1864, under which he claims to have that capacity, was unconsucutional. 1 next ‘presented to the Court the propositicn that as to all Past transactions aflecting the conduct of the city government before 1871 the remedy by junction | Was wholly inapplicable; that an injunction is not Tetroactive; thai it looks to the future, aad not to the past. I then took up THR PRESENT CONDUCT OF THE CITY GOVERNMENT, and examined the question as to whether it was re quired by the-Two Per Cent Tax bil! and any other laws in force that all amounts coming due as against the city and county government in the year 1871 should be paid out of tuc avails of taxation in this year. I hope that [ convinced your Honor that, 3 16 the amount of $9,009,000, being the amount of bonds ol former. years falling duo 1m this + year, tho city was authorized, realy bound, t raise that money by the issue of these securities called “consols.” And before 1 go | to that question let me for one moment correci a misapprehension into which I think my friends of the nimbie peu in thelr report of what I said yester- day were led. By “iy iriends of the nimble pen” I beg it Lo be understood that I do not refer to the plain+ fa m this action or to ms pens. (Laughter.) Iam { Mado to say In some of the newspapers—speaking of the necessity imposed upon men howling the trst porivous ot responsibility m great public mstitu- ions, like moneyed corporations, banks, &¢., hat they should be entirely guided by the confidence they place in the assistants when only their signature is to be appended. I had no guch tung in my thoughts, What I meant to say Was, that from mere necessity, from the pressure nd turmoil and muitiplicity of business they are otten obliged, in important occasions, to depend upon the trust they naturaily piace in their subordinates in the inierior officers, Who, from their positions, may be expected to Know more accurately and more completely the sudject in band, and who may be baturally supposed to be more specially responsibie for that Kuowiedge. Passing irom that I now pro- ceed to consider the other questions set forth in the | complaint; that, is as to revenue bonds, AS 'T0 ASSESSMENT BONDS, and as to bouvus issned for what may be called “4ocal improvemenis,” howexer, 1 reter to those improvements specified in folt0 64 of the come plaiut, As to revenue bonds there, it 18 scarcely necessary to say to Your Honor they are issuable in advance of taxation; they are to vé paid out of the mount raised by taxation, and they, of course, should never exveed the amount properly raised by taxation in any oue year. In the present instance the amount for which these bonds have been issued, “revenue bonds,” as staied ip the complaint, 1s $22,700,700, Your Honor sees that tie amount le- gaily to be ralsed hy taxation 13 $23,300,000; so that instead of revenue bends being issued in excess of | the legal and proper amount, they have not been issued to the extent of the legal ana proper amount by the sam of $590,300, As far as that matter ts concerned I submit vo the Court that the civic gov. ernment, instead of excecding ita powers, has not et exhausted its powers, As tO assessmeut vonds, are issued in advance ui amounts not collected by general taxation, but from individuals of the city Who are supposed to be benotited by internal im- rovements. For instance, when it is ordered the proper authority that a street shali be paved, that & sewer shall be laid, while the worfk is going on it 1s obligatory by law that a certain amount—seventy per cent, I believe, of the cost, 1s to be paid trom tine'to time to the contractor, No »ssessment can be laid or collecied until the work is entirely done, andia order to meet this present dificuliy—a pressure for Tunds—assessment bonds are ordinarily issued in advance of the amount wiich, when t.e work is completed, will be collected irom tue citizens who are PROPERLY ASSESSABLE FOR THE LOCAL IMPROVE- MENT. As far as that ts concerned there cannot be a sug- | tion of impropriety On the part of the present vic governmext, Assessment vouds are issued by laws saan Dace to 1852. The necessity for them is obvious; the security for thelr repayment is per- lect; and if the real ob,ect of this sat is to prevent improper expenditure of the public funds 1 can Only say that in tas instance there 13 no expendi- tare of public fuuds, These amouats are not lable by taxation against the people geueraily, not from What is understood as ‘taxation,’ but raised by assessment upon the pr 6s benefited, and paya- ble.out ol the tunds so created. Now we pass on to the question as to whether {t 1s legal to issue bonds for the improvements specified in toilo @ of the complain’ to the amount of $5,213,736. In the allldavit of Mr. Storrs, which Is in the hands of the Court, there is a statement of all the laws since 1852, 1 think, whereby these bonds @re issuable. It shouid be reinarked that in this law of 1871, called the Two Per Cent act, which my jearned iriends say prohibits the issuing of any of these bouds, are various letters requiring the issue of bonds for these purposes. For instance, altera- lions in the Croton Aqueduct—vonds are ordered to be sssued for that by section 230 of the Laws of 1871, ed a few days before the Two Per Cent act; as the Croton Water Improvement, bonds are issua- bie for that under chapter 200, Laws of 1870, and pm a 213, Laws of 1871, aad chapter 58 Laws of 48 TO IMPROVEMENT OF CITY PARKS bonds ure directed to be issued for that purpose by chapter 29) of the Laws of 1871; Central Park im- provements, bonds are directed to be issued for that 3 chapter 697, Laws of 1867, and chapter 595, Laws 1869; Improvement of docks—a most important Qecessity, which, if properly carried out, will add tmmensely to the importance and commercial ad- vancoment and convenience of the future city of New York—for that bouds are issuable by chapter 137, Laws of 1570, amended by chapter 574 of Laws of 1871, passed one day besore the date of the passage of what is called the Two ver Cent law. 18 it posst- bie that the Legisiature could nave changed its mind that in one day it direcis bonds to be issued for a purpose, and on the very next day ey that Bo bonds snail be issued for that purpose? It says, mot Leap | not in terms, but by a vague, misty im- Plication, | {smiss that question. For the fire tele- graph improvements bonus are required to be jued by chapter 466, again the Laws of 1871. stated to Your Honor yesterday that the Legislature of Great Britain never supposes that a repeal, by implication, shail be effected by an act passed by one Legisiature, in one session, when tie act sought to be repealed by imoplication has been passed in the same session; because it will never be e@ssumed that any Legisiaiure is so fickle, 80 change- able, as tosay a thing one instant ana leave it by implication unsaid in the next. Apply that rule in this case, Itisa@ reasonabie rale, of as just appli- cation here as anywhere olse. It does not depend on peculir laws or customs of one place, but oa right reason universally and at ail times applicable to legisiative bodies, Apply that rule and that great question 18 settled. But we are not left to depend on that aloue, if the Court please. Even in this act of 1s71—tne Two Per Cent act—even directly pro- Vision 1s made for the issuing of bonds to meet cer- | tain expenses. For the completion of the New York County Court Mouse bonds are to be issued, Mr. BARRETT, Sr.—I doa’t object to that. Mr. O'GORMAN—You don’t object to it? It is there. Here ts another, Let me see il you object to it. By section 8 ‘the Counsel to the Corporation of the city oF New York 1s authorized and directed to adjust any legal claim of James O’Bricn, late Shertit of the city and county, against the county of New York, which may be presented to him by leaving the same at tis office within ten days after the passage of this act.’ In that amount, it tt had been certified by the Corporation Counsel, bonds also were issuable under this very act of 1871, which my learned friend Vortland opposes, and prevents the issuing of vonds or the Liege | of funds by any ‘means to meet the expenses of the city, unless by the avails of the two per cent taxation. There are more dificulties in applying these statutes and un- gerstanding (hem than my learned friends, perhaps, have considered. It 1s somewhat dificuit from these statutes to know what ts the duty of the civic oif- clals, Let me tell Your Honor what occurred within wy own cognizance only a few days ago, apropos of one of the clauses of the County Court House. Mr, Cor- pel! naving supplied tron work for the County Court Honse, out of his bill—a large bill, some $1,400,000, T beliove—iound that a balance of $30,000 remained unpaid, A mandamus was applied for before Jus- ce Sutherland, and the question whether it was legally issuable against the Comptroller or against the Commissioners of the County Coart House was argned by mysell aud counsel on the otner side of reat ability. The pirassolont, is this:—Por the npletion of the New York Cotnty Court House the sum of $750,000 18 hereby authorized to be ap- Propriated, to be expended under the direction nd superviston of the Commissioners appointed Minder chapter 382 of the Laws of 1870." I held that the fund appiicabie for the completion of tue County Court House could not be applied to tne ert, of Past Indebtedness accruing in 1569, eid that af it Was so applicable, inasmuch as it should be pald Onder the supervision and direction of the Commis- siovers, they had the right, and if was their duty, to examine into the claim before they passed it, I heia tnat, under the phraseology of the law, the Comptrolier could not ve compelled to pay the claim OF the plaincits; bus that his authority was to put fands io the nee of the Commissioners to pay ton, and exercise & ouch claim aa i shesr } Droceeds of these Consois, instead of applying to the + Payient of the bonds coining due i 187i, you have ; Neach pocket; you apply the moneys of one fund ; Issue of these bonds is legal, as I hold it to be. , puvlic fund, to be denominated ‘fhe Consolidated | by your | Amounts taken from the proceeds of the consols | his face—can tt be argued that there 1s no right to | do work payavle by assessment because there 1s NO nik aay i ‘Sur? = | | Rot fssued revenne bonds to that amount. It has Issued revenue bonds to the amount of $22,700,700, leaving in its hands stil power to issue bonds on that account to the amount of $590,300. The city i BP along “rut thy ‘et atey “asl 000, eI ued consol upon = the er vourt House Commis- | the amount of $7,300,000, leaving balance, what it sionera, Cig agatory upon the present | alill has power to issue, $1,700,000, which power Is Comptroller; , they had no right to examine into | still unexhausted, e has power to | the pee ee the propriety of the payment, | isste bonds for improvements calling for consols , and that ‘eve bound to provide for tt aud to | under section one of the Consols act, to the amount | it, I sap, with all respect, thac I differ with | of $5,213,736, which amount it hag not issued, fo e learnod Judge; that! have appealed from that | ts amount the proceeds of consois Nave been ap- lecision: the jact that so much doubt exists piled, leaving a balauce to be applied iv hand, which | upon the amount of responsibility which weighs alance 18 applicable to the bonds coming due in upon the differont city oilictais in this case should | December, 1871, uf $4,036,26% So that, if 1 right have some effect wien we come to think of the | (aud if 1am wrong Your Honor will correct me, and past and condemn men so warily, 80 vindiclively, as has sometimes been done out of tits Court, for actions which they probably believed they did merely in obealenve to laws which they did not make, and wich they believed they were simply | obeying. We are uot makers of the jaw. Your ‘ Honor and I, and all of us are bound to administer the laws as well as we can, I am not here to defend any legistation which provides for extravagant ex. penditures, 1 am sorvy that avy such ever was passed by the Legislature of thas State. But whea ‘We come here we are to apply the laws, hot to make them. We are bound not to consider the motives of the Legislature, but merely . HOW THN LEGISLATURE 18 TO BR OBEYED; ani ifl prove to Your Honor that the present cl government of New York 18 not violating tne eystap laws, but obeying them, I ask what possi- le claim for an injunction, What possible standing in cours upon the ments can the plaintift have in | city of New York are not as good a security as the neat aaah, 36 I hola, as to consals, they are | bonds y these United tates or any Other city or lasuable to the amount of $9,000,000; and for the ! Bation on this broalearih, Let no suspicion be improvement specified in’ folio 64 of the ‘uttered ainst the credit of this city; It Gomplains, bonds are issuable to beyond | is @ malignant stab; it 18 dangerous id i 5,000, 00%. Jt js urged. by the otier side, or ma, \ fhe prosperity, to the good order, to 2, “YOU have not lésued the bonds to the Ahiount | the quies of society; 1t is a suspicion that no man of $5,000,000 and upwards; bat you have issued | ought ever to ulter Without unmistakeable grounds | consols to the amount of $7, 00,000; and the applied to tmprovements that are actually going on 40 the city of New York, such a3 are specitied in folio 64." Whats the lengin aud breadth of that charge? ‘here are two funds which you have, ong to the purposes of the cther, having under your control all the time the means of making repay- Ment.” If we have applied the $5,000,000 proceeds of the consols to the workiag of IMPROVEMENTS IN THE CLTY OF NEW YORK, to the payment of the lavorers on the Central Park, on the streets, on the various improvements that oe going on, to help to give the city pure water, to a make repayments by tne Issue oi these bonds, if tl Bub let_me call the attention of Your Honor and the learned counsel on tie other side, to section one of the act called the Cousols act (uid they ever atten- tvely read its provisions?) If shall be lawful (or the Comptroller of the city of New York, and he 1s hereby authorized and empowered to create a Stock of the City of New York,” which we com- moniy call consols, “and all stock of the city of New York hereafter issued in pursuance of laws already passed,’ Improvement bonds would be issued in comphtance with the laws already passed, that 1s, sach of them as depend upon laws hereto- , fore passed “or which may be hereafter passed au- thorizing the Issue of stock or bonds of the city of New York, shall, uoless such laws which may be so after passed otherwise provide, be known as jonsoudated Stockh of the city of New | York’ 8o that all the stock wiich is issuable’ for this purpose is to be called consolidated stock; and out of that covsoluated atock the amount due and owing, or wiat may acefue, due and owing to lavorcrs and others, may be paid just as well as by the issue of stock to the amount of $5,000,030, witch shall be spociaily ea- titled as for that purpose, But ay did tue Comp. woller of the city ot New York, why did ihe finan: cial agent apply these $5,000,000 which he took from the proceeds of the consols to the payment of and under the head of expenses for pubic Thipraves ments? ‘This is the reason: the bonds issued in former years which were to be payable out of the proceeds of these consols do not come due until De- Cember, 1871. The proceeds of the issuing of con- sols is in the city treasury. There is 10 demand upon it 2or the payment of bonds until December, 1571; bus there is a general demand from day to day upon the city treasury ior pudlic improvements that are going on. We do not Want the inoney to pay of bouas passed in former Years, because they are not due yeta presented; but we do,want to pay off the debts that accrue irom day 0 day. By applymg that money to that pnrpose we saved the iuterest. There is one advantage, Again, it iskaown to everyvody con- nected with finance that ii you throw a quantity of bonds 1n what are cailed “large blocks’? upon the Iurket, at the same tune bonds of difereut de nominations, it may Got be easy to dispose of them, So it was thought best to present only one class of bonds, what are catled ‘‘consols,”” ‘the public were glad of it; they took these bonds, and they took them at a large premium. MONBY WAS SAVED IN THE WAY OF INTEREST by that course, if fas found more easy to neyo tiate them, and even if we came back to strict law, the proceeds of these consols may be as well applied w payment for present iinprovements, under sec- tion one of the Congois act, as if they ero specially named improvement bonds, Wi re. malas of the objection? is there any ovjecticn | there to the conduct of the city government which warrants the kind of attacks ihat seem floating in the air? 1 speak not as to the past, but to the present conduct of the govérn- ment, None Your Honor suggested that you did not wish It to be understood by this imjunction that the city should be prevented from pay- ing these laborers, or Daying any other employcs , of the om But Your Honor has effected that result | Injunction, Your imjunction is wat uo more bonds shail be issued. Ii no more bonus shall be issued for public improvements to repiace the { how 1s the money to be raised? If it be not legal to | issue bouds for public improvements let them not | be issued. Bat tf, as I argue, it is perfectly legal, perfectly obligatory, why, then, stop us icom re placing the moneys which we have a ri; w get— money which we, as a matier of expediency, em- ployed froin another fund? Your Honor tias by thts | lwjunetion stoppea the payment of laborers, and L trust that it wil be regarded iu that higit. Now, my learned friends say, “Kut no reais has been made for this expeuse.’? Well, an appro- aces has been made for this expense. If Youe lonor will look through the aftidavit of Mr. Uorson it shows tbat appropriations have beea made for all these expenses, and 1t shows that the amounts ap- propriaied have been in many instances under tue mounts called for by the various departments and | Officials who have these matters in hand. 1 read from page thirty-four of the aifdavit ot Mr. Corson, set- Ung forth the actton of the Board of Apportionment, 1 found it there resolved hy the Board of Apportion- ment that appropriations shall be made Jor ad- ditional Croton water aqueduct stock: tor Croton water main stock; for ‘Third Disurict Court House stock; ior, again, New York Court House stock; No. 5, Department of Parks, improvement bonds; clty parks, improvement tund stock; Museum of Art aud Natural Histury stoc ity tinprovement stock, and ior additional Croton water stock. ‘These ure the apvropriations; the Board of Appor- onument has the authority to make these appro- Driations. What means the prumens Mink no ap- propriations have been made im these cases? Agala, in looking through this complaint | confess from time to time my viston has been unabl fog. Itisatog. Figures are involve are repeated, It is, one-nalf of it, a copy of acts (hat have been passed at different times; it 1s mostly a recital of errors that may have occurred im times gone by. it 1s @ lenginy document, and that {3 all that can be said aboutit, Jt is a confused document, When i say that [do nou mean lor a moment to im- pute to my learned friends on the other side any defect in power to have an able and distinct pleading, if the case 18 capable of having an able and distinct pleading; but a confused case aiways requires a con- iused pleading, and this case ts contused, and the pleading Is like tt © Can tt be argned—it may not be arguel, because my learned friends seem to ve suifting their ground from time to time, and in such @ Way that [ feel like quoting this old phrase, “Quo vuilus mulantam Protea leneam nodo,” in what grip shall we holt this Proteus, all the time changing appropriation from tty: Why not so? Your Honor to the case of eh | in which dudge Lagrahan made the deciston. That was an assessment case, Lhe assessment was attempted to be vacated on the ground that for a local tm- provement NO appropriation had been made. Tue udge says:—“Another objection 1s, that no appro- priafion Was made by law vefore the coniract was made.” That law was the caarter of 1857; and the Two Per Cent Tax bill of 187118 a copy of the law of 1867 as applicable to 1869 ‘Lhe Court says:—“lt is asuiicient auswer to say that this provision does not apply to cases where the expeuse is charged upon the owners, and not on the city treasury; the author- ity to advance to the contractor is umler anocher statue, aud the amount so advanced is retunded to the city, When called from the owners.” I refer my learned friends on the other side to the maiter ot Lewis, page 85, volame 61, Barbour's New York Reports. What now ts lett me to say? You have the aftidavis of the Mayor that there bas been NO BXPENDITURE FOR CURRENT BXPENSES BEYOND THE PROPER AMOUNT. You have his adavit that unless the city has power to issue these bonds for the expenses relerred vo in section sixty-four of the compiaint, unless the city Is provided with means to replace what has been taken trom the proceeds of the consois imme- atate embarrassment ensues, And that is precisely what has been doue by the injunction you have issned in this case, as I respectfully say, unad- visedly and without proper information teadered to Your Honor by the representatives of the plaintim. Now, let me say shortly to Your Honor now I think the condition of the kee | stands financially as far as this case 18 concerned and as far as Jam called upon to answer, And let me say that the sugges- tion made by the learned counsel who so auly addressed the Court yesterday that anything has been “held back,’’ and that the whole of the pro- ceedings of the Board of Apportionment should have len set apart for the benefit of him and his client 1s, a3 appears to me, aliogether an improper insinuation. © gave all the information that we were Jegitimately called apon to give by any issue In this case. As to ene else if 8 met by distinct aiidavits, and when You Honor considers that this mass of printed matter that we have laid before you was all prepared in the short interval between the noon, I think, of Friday, and ten o'clock on Monday morning, ‘t think it is but fair to aawaine ties itd peed that time ghee ry could poss! ure was procured jald before baer pan low, ‘ah THR AMO! TO BR RAIBRD BY TAXATION 1a admittedly $23,300,000. To this amount the city Js authorized (0 Maaue revenue bouda, The ¢ity pus Let me refer , consols or under the name of consoly whder section | made more vague and unsubstantial than dare be | derstand it. , ak you todo so. My lcarned friends on the other | you think is | fendants, | ind that L have made no allusion to his | briefly referring to some of the remarks uf opposing , they may gratuy the morbid desire of accusation + against the city oficials prevailing elsewhere—in. | division, which charges that the laws have been ; Selves, they have amassed fortunes, } full ana complete dental shall be obliged for your correction), at this mo» | Ment the city has the right to issue these bonds, the | balance of the revenue bonds, that of the amount to, bo raised by taxation, $5,090,300, and ibe balance of the consols that have been issued, that of $9,000,000, the sum of $1,700,000, all of which amounts to $2,200,300, which tie city still has the legal right to issue, Again, | say, it has been THE RIGHT TO ISSU IMPROVEMENT BONDS elther to replace the amount with the proceeds of | one of the Consois act, making in all $7,604,036 an- | exhausted power on the part of the civic authori. ties, for which they have a right to issue bonds. It | that be so, let it never pe sald again here, let it never be said aguin elsewhere, When statements may be made in @ court of justice, Let it never be satd, my view of the law if i correct, that the bonds of t ny th for his bellef that he is warranted init. These bonds are held by the rich men and the poor men. In these bouds the earnings of the artisan ail through | this State are invested as the most favored security; in thesa bonds the wealthiest men of this State— the men who by years of industry have accumu- lated honorable wealth—have invested thelr money. I ask of these men—tne rich man and the poor man, the man dwelling in Madison avenue and the man living in bis humble apartment in the Five Points—if this suspicion be not founded on fact, I ask them all to come up in delence or ‘the city, im defence of themselves, in defence of their own property, in defence of the future of their cuildren, and brand the accusa- tion as base, malignant aud coniemptible. [i the Court please, { have nearly done. I have en- deavored to lay before Your Honor the law as I un- Upon the facts of this case applying to the conduct ot some of the defendants Your Honor will be aditressed uy other counsel, whose | hore brilliant inteliccts Will Mluminate the spots | and polits of this case which I have been only able faintly to light up. ‘they will supply much that 1 have oinitted, ‘ But let moe say this before I conclude. fTargued, ba to Your Honor that the plaintiff had no legal standing in Court. I argued it because it was my professional duty not to keep the Court in igno- rance of any lega! poiut that I tuought struck at the very heat of this action, I now say to Your Honor this, on behalf of the commonality of the city of New York, ior whom I appear, who elected me as thelr representative—I now say to Your Honor, be not altogether governed by that point; if you think, oo exumining the Jaw of this case, that there 18 anyiling now going on of wrong on the part of the city government, or affecting its finances, let the point that goes to the jurisdiction stand over for anuther time, and protect the city government. I side ask you to do so, bul not with one-half the enérgy with which itis my duty to press tne spp sale If 1 could convince myscif that this suit of John Foley against the city oficials wasa real sutt, if I could put Conkdence in its real motives, I should Jeel happter in dealing with this argument, But I cannot shut my mind irom the Idea that It has ulte- Thor objects; that it has behind it and peenne it forward others than Mr, Foley, whose objects may not be as pure as bis are, or, at all events, as his ought to be, but who have objects with which I can have no sympathy, There may be danger in these objects, as lar as this suit ls concerned, but out of ‘hts nettle, danger, we pluck the flower of safety. Let the personality of Jonn Foley disappear from this suit; regard it merely as an application on the part of a citizen, stating that wrong 1s being done in the city goverament, asking Your Honor to inverpose, and if you find that wrong 1s done [ ask you, on the part of the city government, to inter- pose against any oiicial or against any act that unjust or improper. Now, if the Court please, I have done. I have sud- mitted my vicws, and I urge upon the Cours no reasons for its judgment more than the law aud the facts as they appear. Ican only say to the Court that, as in the past, soin the present I only ask this Juage, as | have ever asked of every Judge, simply that he shall do right between the plainly and the defendani im the suit, As to one of the de- case, I speak of the Presideut of the Department of Public Parks. Judge BARNARD—There ts no charge whatever of any kind or description, either actual or hypothettc, 3 m any way, shape or manner, alleged agalust tthe MR. BEACH'S ARGUMENT. On the conclusion of Mr. O'Gorman’s address Mr. Beach, counsel for the Comptroller arose, and, after counsel, continued as follows:— Granting all the allegations in regard to the mag- nitude or impropriety of the debt, grant that 1b was created In corruption and fraud; nay, grant that this corruption was due to the action of tais defend. ant, What has that to do with we merits of this ligation? and wherein wii that justiy Your Honor in granting an injunction against tne ex- ercise o1 the legal jurisdiction and legal powers con- necied witit THR BUSINESS OF THE CITY? It may serve to reflect the popular sentiment, but in the mind of this Court, however they May seem to grace this complaint, aud however the mind of this Court, stable and true in its judt- cial judgment, these charges and allegations will fall poweriess. Now, sir, | pass to the seyenin su- systematically disregarded. It charges that in de- lance of the law, both general and special, which forbids an oicer to be conueccted, directly or indi- rectly, pecuniarily with THE CONTRACTS OR EXPENDITURES on the part of the gaveraiuent, that Mayor Hall and others of these defendants were connected with some enterprises, private firms, newspaper and printing establishments and others, by which, by complicity between ostensibie proprietors and them. ‘That allega- tion, sir, 18 equally impertinent and immatertal, Grant it in its fail breadth ana in its ignomimious application to each of these defendants, it furmishes no 5 choy for an injunction in this case. But, sir, we have not conteated ourselves with a legal answer to tis complaint. In ott pea le en ot things we have not deemed it wise or politic on the part of our chents that tney should assume A SIMPLE, BTRICT LEGAL ATTITUDE. before this Court and answer the charges in thia complaint, ach and all of them, and espectaily so Sar as my Client 1s concerned, each and every one of them have been repelled with a particularity and correctness which admits of no suspicion or contradiction, and equally decisive and impera- tive 13 tho deniala of each of the defendants; and these denials are fortified by cullateral amdavits of the true proprictors of these establishments, Well, my iriend Re tion to the auswer of Mr. Twecd to this charge— that it is not precise, not sufficiently detatled— that when these geatlemen come into court with a meterial complainy against Mr. Tweed, it is not snilicient for lim to meet it with an ampie denial of the accusation, but that he should spread upon the record of the court the evidence of the truth of his | denial, forgetting the rule and propriety. May it please the Court, that a party can properly complete evidence, but must state the resuit of that eyi- dence, pandering to THE CORRUPT AND UNJUST SENTIMENT, which staiks throngn these strects, saying:— “Gentlemen, You have evaded; you have not met the allegation.” But we have the sworn denials of Mr. Counolly and Mr. Mali that they Dave no con: nection with, that they never derivedg pecuniary Interest from these establishments, yet they want the evidence upon which these denials rest. “I need i not say that such an answer wonld be objectionanie, aud I think I may be justified and pardoned tn say- ing, that such a demand, under these circumstances, seeins superfluous and Unfair, and in the expressive phrase of iny Iriend, malignaut. What is the ruie in equity In regard to questions of this kind? Alter tie defeudant comes tio Court with a upon his own oath, and Whero the complaint ts not sascatned by col- lateral afigavits, 1t 18 abundant and complete answer to the demand for an iyanction, All tha’ we were called upon to do was (o aeny the equily of the bi, and your Honor is famutar enough with the practice whieh justuies the defendaat upon the auswer. We have complied with tue ruie. Ail THE CHARGES ARE FULLY AND AMPLY MET by the broad, aneyuivocal specific denial, enume- rating the amounts which have been expended In 1869 and tn 1870. In reference to the ninth section, which reiates to printing, advertising and stationery, the plaintit proceeds to allege that this allegation, that while the appropriations were but one milion eighty-four thousani dollars, yet (hat the sums paid or claimed amounted to seven miilions, and shat an additional clatm is presented for three millions. It ts sufMicient to say it 13 founded on imformation and belief and requires no answer. Besides, there 18 no evidence whatever lurnished by the allegation that it 1s true, But, notwithstanding the complete answer which has been given, showing that the amounts Leagan have been patd, and notwithstanaing that this complaint ts sprinkied with @ 088 imputation apou the Integrity and character of the defendants, he was happy to say that the counsel on the otner side exalted himaell above its spirit and refrained from repeating it I am gratified to per- ceive that he roge above tt and would be glad to gee that spirit extend to other quarters. The learged counsel then went oa at considerable length to REPLY TO THE SKVBRAL ALLEGATIONS conthined ia the complaint, contending that while many of them were quite immaterial in a lesa joint, many of the charges were instigated by ma- lignan? motives, the attempt being to im. pay the integrity and reputation of the fefendants, But the defendants had pre- sented @ complete justification to the allegations made, And although he regarded the examination of the charge im reference to the County Court House claims as irrelevant in a n discussion of the case before the Court, he [ep hs fat as he represented the defendan at a ODportunity was wiven fur we presen of the argument upon which the payment of those claims was fe aod in jushavation thereof. Counsel called attention to section 4 Laws of 1870, page 351, which set forth that ail abilities against the county of New York incurred pre- vious to the pi ¢ of that act should be audited by the Mayor, Comptroller and President of the Board of Supervisors, and those found to be due shoula ve provided for by bonds, &c. That Board of Audis was specially created for the pur- pose of paying OUTSTANDING LIABILITIES, The complaint showed that those labilities were outstanding. The work had been done. ‘The ap- Propriation made had been exhausted, Those claims Were presented to the Legislature of the state of New York. The Legislature created the Board and authorized the gentlemen composing It to pay exist- ing Mabilities, The bills were presented to the Board and the auditors authenticated them as claims against the city. Those bills were audited and certified, and in pursuance of the i ge bg mandate they, were paid. 1t was contended on the other side that those were not liabilities because they were created in deflance of the then existing provisions ot law, the old regime having died out, and they could not be legal liabilities, But in construing and applying a statute, it was necessary to look at the condition of the subject matter and the circum. stances surrounding the logislation. It was a singu- lar argument to say that, notwithstand- ing theso ciaims exisied and were pre- sented to the Legislature, notwithstanding they knew that the appropriation made for the purpose had been exhausted and applied as the complaint shows, yet that the Legislature snould ry #n act creauing & board for the purpose of pay+ ng those clalins, originaily created contrary to law. Now, the answer to that ‘was that the act of the Legislature was a legisiative recognition of those claws, ACCORDING TO THE ACT ITSELF the duty ot the Board in reference to those claims was situple, absolute and nuperative to pay (hem, Counsel then cited cases snowing — thab | in the allowance of claims the action of the Supervisors was judicial ana as absolute as this Court, and could be reversed only by the | organized modes of procedure, (Brunson—Super- | visors of Onondaga vs, Briggs.) 1 was contended that the vouchers were not produced. Why should they be produced? It was charged that the c.atms were audited and paid. So they were, and the facts | and circumsiances were presented on oath, which justified the dcfendants in making the payment. Vhat more could be demanded? Was the relation of parties to be reversed? Whose duty was it to make out the case? Unon whom came the onus to prove? Was it to be tolerated that a private cillzen or high oficial of the city could be brought luto Court upon charges, and wien | he met them with a prompt and sudicient explana. } tion, wittva full statement of his legal right in Justi- fication of nis act—could he be cojapelied to pour Upon the Court ali the vouchers and documents of hs office, aud was it A GROUND OF IMPUTATION against his fairness that he failed to doit? Why, certainly not. All he had to do was to answer tho allegations of the complaint, and when the trial came before a jury, tuen the vouchers anc evidence in support of that denial would be Dresented and not until then, however great tho Dopular clamor, rage, hate or indignation, ar how- ever much officials were threatened, Counsel, alter stating that tue defendants would comply with the law and its formalities, continued:—But there is another view in regard to tiese claims, and it should be considered, and here considered, who were the Board of Audit? At the head of it stood the Mayor: of this city—an able, an ex- ertenced and expert lawyer, somewhat di- jactic im his intellectual propensities and not by any means wantiug in _ self-assortion. He approved them, wnder tis law, under theso de- cisions, and governed by those principles which his early professional education bad taught him. Standing in one sense a3 the professtoual adviser as well a8 the superior head of that Board, he audited, approved and certified then, Aud who was the other, sir? Why, my esteemed and benevolent friend, Wilifam M. 'weed, one oi the most sagacious, active and enterprising of the business minds of this city, with incisiveness and decision of character Temarkable—one oi those men whose large sagavity Sounects them with the thriving enterprises uf tno ay, A PRACTICAL MIND AND DOMINANT SPIRIT; nay, niore, sir, a geucrous and nod! zen, & man who to-day pi which encourages som @ noble republic, and wilch connects itself aud its tndl- vidual prosperity with the public enterprises of the day. 1¢ is not alone in chis city that the greatness and activity of Mr. 'weed are exnibited, but every- where that cuterprise demands assistance—wher- ever his great executive ability and magnuanimity can be made applicable advantageously to himseif and the world over—there the activities of Willlam M. Tweed find favorable and pros- perous application. It may be as well stated here as elsewhere however he may be denied the beneilt of a trial by jury before he i3 cou. demned, that he Ila one of your noblest fellow cit zens, and che time will come, | predict, that be will emerge [rom THE CLAMOR AND ADUSR and detraction which at this Ume calumniate his fame, These were the men with whom my adable and courteous client was associated, and ne 18 se- lected to-day a3 the special victiin of death, while others would stand sull in their high oiticil post- tion, Aud why, sir? Where is the man that, even if wrong was done, could have resisted tne over- | powering influences of these two sagacious and | commanding minds—one an accomplished and ex- Perienced lawyer, the other @ proud, unflinching and deiiant ojlicer, both advising and both concur: ring tn the act. Now, sir, I am not blind to the tact that, under these circumstances, while I know that popular feeling was and is interested m the charac- ter and payment of these claims, and while I kuow that his two asgociates concurred and approved | them, | know @ sacrifice is demanded. He is the sacrifice upon the ALTAR OF POPULAR VRNGEANCR, asa peace oficring. And lrepeat, sir, why? And | 1 veil all those associated In this demaud tuat, gality or innocent, this uiumvirate must stand or fail together. Lf one is condemned, then comes the DEPLORABLE AND DKEP DAMNATION of all; and if one is vindicated it shall be the acquittal of all, sir, they are united upon these papers, 1 need not offer any other viniication tor iy client than the auswer la the alildavit of Mayor ial. Upon this record he bas spread a complete aud joint vindication, and be has doue it well, truthiuily aud, nobly. And in regard to toe Issuing Of bouds, is there any discrepancy in those answers! Aithouga my ciient occupies the Oilice of Comptroiler and is the custodian of the public treasury, 1s he any more responsible than tue oluers? ‘The iuil and specific ansWer of Mayor Hall shows that whatever bond has been issued or stock created it was done by the unauimous action of ihe Sourd over which the Mayor presiaes. 1 claim for my client the benefit of this association. I claim this protection, the ackuowled.ed high charac- ter of Mayor Hall, claim the benetit | of his advice as @ lawyer and superior offictal jor my client, who is hounded by calumnies: against his character and reputation. I claim that the Mayor, ciothed in the nigh robes of his magls terial position, aad cloned more brightly in THE ROBES OF IIS INCELLBCEUAL ACQU REMENTS, stands between my chent and his persecutors. Counsel then proceeded to dwell at great length upon other portions of the complaint, com- menting cniefy upon the question of whether the revenue ratsed from the imposition of the two per cent tax upon tie real and per- sonal esiate of the city county: was the ouly Fresource open by which the immense transac- tions ol the city were to be conducteu, and argued that the statutes properly construed showed that other tezislalive provisions ior appropriations had been made for special purposes in order to preveut an ACCUMULATION OF THR CITY DEST. The rest of the sectious down to the seventeenth required no answer. ‘That section assailed the Board of Apportionment and asked that an injunction issue to them command- ing them to & duty, An injunction was & Tepressive méasure, looking to indemnity for the future. An Injunction cannot give the rellef asked. An injunction does sometimes compel the doing of an act, but only where it is the result of Piya tie! the doiag of some act which 13 enjomnet. it was said that there was a discrepancy between the aiidayits of Mr. Conuolly and of the other de- fendants; that onesays the nine millions has been provided for out of the consois, while Messrs, “weed and Hall say tt bas been apportioned out of whe tax. Why they might well say the statute were inconsistent; one required the Es bi hye of tits money; the gther autuorized the issue of consois for the sare debt, The two were consistent, and to be used in the alternative. if the detendants were right im the view they entertained the idea of an injucetion in this case Would impoverish the city treasary and its energies, and would be nothing jess tuaa A MONSPROUS ABSURDITY. It was thought that the qualification of the tinjunc- on perimitiing the payment of lavorers remedied the evil. But the granting of tne injunction de prived the defendants of the means by wiuca they could discharge thetr oficial duty im that Tespect, ‘there were otuer remedies besides Injunctions, as they would only create coniasion aud paralyze (oe common Sovereignty. Mr. Beach, afier dilating on the evils that would attend the granting of an wjunction, said:—[ have great confidence that whatever of (umult may rage nere and there Your Honors’ former implacable administration of strict justice will give force and etfect to tne princi- pies of law by which these defendants are Protected, and, not to gratify any morbid Spiris of malevolence or interest surrounding this case or court the outside popuiar favor which isever capricious in its bestowment, to which you have never looked, you will give us simpie justice. Re- garding this case in its legitimate aspect its result is pay unimportant to these dejendants, They e NO PRIVATE PECUNIARY interest imvoived except in common with the general citizens of this community, They ask no benefit from their admin. istration of their offices, They derive no guin and reap no benefits; but should your juagment be against them in this case the character of these gentlemen will be affected in the public mind con- sequent upon the gross and grievous sspersions ‘Unat have been cast upou them. bg AP ae pet have voluntarily presented that issue, and if you main- tain these plaintiits da te records of this Court it will stand as @ judgment amrm- ing the aspersions and accusations Cg their character. In that aspect of the case, immaterial as it would be otherwise, I ask you to exercise Judicial discretion In granting or réfasin, this, not only with reference to the strict and jogiv mate law Leng ge individual, put atso to the Tosult as adfecting the characters of the parties con- it our client to your pagda. Waae. won of and 1 com ever he (his ciient) had Teupegt ip the past and whatever be might hope in his old age — ? oo measure ut. He must stand or fall by it And as he nad been, notwithstandh y ine ‘hat the flerce and ferocious law of would be applied to him—the terrible the Lyncher—whether it must come from the out side or from the defection of cherished official an Personal friends, he still stanas firm im the con- aclousness of nis integrity, aud resolute and he to gal upon di in the future, Honor's threat uttered the backwoods judgment of b- id rere” THE RING ROW. YESTERDAY AT THE PUBLIC OFFICES, will stand, if ident shal indeate ‘io migut“auy, ae appi: | TA? Laborers Receiving Their Pay—An Bates canle ta him, in the langhage of tho poe prising Clergyman—No Resignations is hi “ " 0 Anti bat atke, Chu tockadan Ts lot ee ae en ae ‘Whone conscience with To juatice ts corrupted. Rumors of All Sorta There were some tokens of approbation, which, however, Were Instantly suppressed, Mr. Bartlett asked for an adjournment until this morning. Judge Barnard inquired tt the case wonld be fine ished to-day, to which Mr, Barrett responded in the | affirmative, ‘The case was accordingly adjourned, DICKS DOCUMENTS, The ‘Joint High” Committee Looking / fter the Comptroller’s Accounts—The Sub. Committes at Work. WHO IS WARREY, THE EX2ERT? | The public interest at the present moment is centred in the work of the joint committee of cltl- zeus and Aldermen who are to examine the records of the Finance Department of the city and give a righteous verdict in the premises. The citizens having accepted the responsibility, the public naturally expect them to devote thelr time ta the present crisis of our financial affairs to work at the City Hall, The County Court House was really alive yesters day with men, old and young, and of all sorte and | Conditions, While those having lelsore time and Prompted by curiosity, personal Or professional, Wore listening attentively to the injunction argu ment at one quarter of the building a very different scene was going on at the other end of the sam@ floor. Thousands of the sons of toil who haye bee engaged on the public works and have been without any pay for some six weeks were on hand early it the morning, as they were promised at least a por. Uon of what was due them yesterday. They formed in single or “post office” file, and, althougit anxious, they were decidedly orderly, When the doors of the Chamberlain's oMfce were open td them they filed in to tue desk of the City Paymaster, where Mr. Whalen, young and active, although, strange as lt may seem, grown gray in the service, stood ready to attend to them, A young assistant took each man’s check as he Landed it in at the widow, called of the amount, and instantly the money was placed by Mrs Whalen at the applicant's hand. On they passed! quickly and quietly, many of them no doubi bulid= A representative of the HwRALD was yesterday | about the places where the citizens “should be,’ and with the exception of Mr. Booth, ex-oftvio member of all the sub-committees, and one or two others, THE REPRESENTATIVES OP “TR PEOPLE’? Were rarely seen, For an nour or so stray members were seen filtting about the alls of the New Court House, and thea disappearing, like the fireworks that our rulers are in the habit of regaling us with oneach returning anniversary of American inde- pendence, Of the Aldermanic members of the joint commit+ tee Messrs, Dimond, Jerome and Woltman were at work, but owing to the injunction suit and the meet. ing of the Board of Apportionment, It was alleged that the COMPTROLLER AND DEPUTY COMPTROLLER Tespectively were unable to placo in the possession of the sub-comimittee the books and papers upon which to work, That the pabdifc may know of what material these sub-committees are composed they are reprodaced here:— City and County Dehts, Funded and Unfunded, Sinking — Funds and Accounts—Messrs, Phelps (Chairman), Osborne, Kennedy and Jerome. Armores and prill Rooms—Messrs, Solomon (Chairman), Pearsall and Woltman, Court House—Messrs. Donaldson (Chairman), Clafin and Plunkitt, Printing, Advertising, Stattonery and Blanis Books—Messrs, Cutting (Uhairman), Jeremiah, Pears gall and Schlichtung. Pay Rols—Messrs. Spoford (Chairman), Roos. velt and Dimond, Taw and Corporwtion Ordinances—Messra. Porter (Chairman), Parsons and Welsh, Yesterday the several commitrees were supposed to meet, but with the exception of the frst named In the above list NOTHING WAS DONR BY ANY OF THEM, and, owing to the absence of Mr. Connolly and Mr. Storrs, “breaking ground” in the courts, they put their responsibility in their pockets and leit for parts unknown, From Alderman Dimond, however, !t was ascer- tained that ot the Committee on City and County Debts, &c., Messrs. Phelps, Osborne and Dimond were present and held a two hours’ session. They were more successful than other committees in finding the “Comptroller” and his aldes-de-camp, from whoin they obtained TRANSCRIPTS OP ACCOUNTS. but were forced to examine them in his ofiice, notwithstanding that a safe had been secured for the custody of ail papers called for, which will be referred to hereafter. % The Committee on Armories was represented by Messrs, Woltman and Pearsall, but as their requisi- tions upon the Comptroller’s oMice were—like requi- sitions of other committees—returned dishonored, they adjourned “for a chunce.”” Citizens Donaldson and Clafin and Alderman Plunkitt met with no better success iu their grad- ual approaches upon THE COMPTROLLER’S RNTRENCHMENTS, They are of the Court House Committee, and Plunkitt appeared, but, failing to be supported by his colleagues, he retreated in good order, and the committee did not meet. Nooody burt, and all quiet along the line, The Committee on Printing, &c., met with no better success. Citizens Spofford, Roosevelt and Alderman Di- mond did nothing—did not evea make a recon- noissance, except that Dimond was ALL DAY ON PICKET, and late in the evening retired in good order. So much for the work of the sub-committees, who were completcly routed by Richard B, and his deputies. But of THE JOINT COMMITTER, the men to whom everybody looks for ari exposition ol the actual condition of the finances, Severai Members were about, but William A. Booth, the Doblest Roman of them all, resplendent tn venerable gtay hatra, side whiskers and a swallow-tatied coat, Was remarkably active, aud showed the sagacity 0! @ Sherman ora Sheridav. His was the directing mind; but he was frank to confess that Iittle could be done untii the Comptroller ataed them, The Joint Committee have accomplished one thing. Tucy have, through ex-Alderman Hardy, Clerk of tue Board of Aldermen, who has been selected ag their clerk, secured one of the safes in the office of the Supervisors m winch to deposit the books and papers secured from the Comptroller, As THE COMBINATION OF THR LOCKS will be known only to one member of the commit- tee and a trusty clerk, Booth and his associates do Dot propose to lay up valuables where “THIEVES BREAK THROUGH AND STEAL,’ and some four hundred reports and papers wiil be safe in the custody of the commiutteo, Up to four o'clock last evening only about forty of the documents called for had been placed ip the custody of the committee, WHO'S WARREN? Yesterday morning the declaration was made— and trumpeted—tiat the “nigh jiav’? commlttee had secured tie services of W. KE. Warren, a celebraved accountant, who was famillar wich the interior workings of the Compiroiler’s oMee, and I¥ ANYBODY COULD “PILL THE BREECH it was claimed he could do 80. A reporter of the HERALD, in searching for Warren’s antecedents, learned that he had been Deputy Comptroller under Haws and Brennan, and when the olfice, durmg Haws’ term, was in ‘a snarl’ he had come in and established order out of chaos in afew days. This did not satisfy the reporter, who vainly, for two hours, endeavored to run the gauntlet of tie pom- pous oMiciais of tbe Sheritl’s oftice to get au audience with MATTHEW T. BRENNAN, under whom Warren served. Atalate hour Mr. Brennan, who 1a not responsible for and poasibly not aware of the duificulty gentlemen experience in seeing him, met the reporter in the hail and spoke of Mr. Warren in very complimentary terms. A few moments later a gentieman who has long known Mr. Warren, the expert accountant, was found, and tn answer to the inquiry, “WHO'S WARREN (”? sald, “I can tell you all about nim. Towards the close of Comptroller Fiagg’s term, in 1854, when the attra of the oflice were badly mixed, Warren—who was noted as an expert accountant, and auditor of tho New York and Erie Ratiroad, and previously secretary and treasurer of the Delaware, Lacka. wanna and Western Railroad, in which capacities he had displayed great mathematical ability—was called In, aad #0 saccessful was he in systematizing accounts in theofice that for four years he was Deputy Vomptrolter under Haws, after systematizing tue office. When Brennan became Comptroller Warren remained with him about two years, my memory serves me, and resigned In 1804. This 1s all I know about Warren. If William A. Booth's com- mittee has selected him as aa expert, from what I kuow of Warren, HE WILL DETECT FRAUDS | in the Comptrotter’s ofice, If they exist.” This was the best endorsement the reporter could get of Warren, and a few minutes later he sent als card fo Mr. Warren or Mr. Booth, in the star cham- ber of the Supervisors’ room. Booth was out; Ware ren was in. The reporter made himself known to Warren, the expert, who gave him some of tho details of the movements of sub-committees, but politely stated that, as far as hls duties were con cern : ig 11F3 WEEE SBALED, he could utter nothing. mt) 19 briefly the work of the ‘int committee’? yosterday. Connolly has certainly, by smiles and “cheek,” deceived the Se ea of the ‘Citizens’ Committee for one day, question natu- tally gocurs, will he do itto-day? | | { | | and matters would ‘be all r1 ing “castles in Spain; but there was another maw near by, intent, a8 he averred, on BUILDING A CHURCH IN CORE, or some other part of Ireland. He approached tha. Poor fellows as they came out, one by one, andy addressing each as “My son,” succeeded in obtains ing @ “small donation” to aid in the erection of thaw church, Each Irish heart was touched, and, true to’ ts nature, the appeal of the reverend geiitiemarg was promptly responded to. Ashe gathered hands ful atter handful of bills he would drop the monew into a small satchel which hung at his side. There he stood all day, pationt and persevering, and, na bie qualicdies. ‘This may be an elegant way to securd a fund for the speedy completion of @ sacred edifice, ‘but it must result aiso in “GIVING SCANDAL? such as cannot easily be counterbalanced. As fat as the poor, hard-working donors were concerned, their gifts, 1t 19 safe to say, Will reap interest jog tein hereafter, The work of paying the men was gone through in most extraordiuary style, as may be judged frou the fact that the entire number were paid off bee tween eleven and two o’ciock. Beyond the congres gation of the crowds there was litule or nO excites ment. 7 IN THR COMPTROLAER’S OFFICR tho work was golug on quie ly, as usual, bur noths ing worthy of special mention was transacted. The clerks were all busy, and in the County Audi« tor’s office the comparing of the books and the vouchers which had not becn taken was being care Tied on by Sir. Lynes and his assistants, Mr. Con- noliy was in the oflice only @ short time, and had but littic to say of the atiairs going on around him, IN THE MAYOR'S OF FICK ® little stir was created by the arrest of Thatonher,. the Broadway star-gazer; otherwise there was na exeltement, In the other pubile oMfces it was tha sume way. There was “no news.” Everybody Was lutent on the progress ana result of (the prdq ccediogs in the Supreme Court. . RUMORS ; were, of course, fying around all day. Onessald the Coraptroiler would resign, and General McClellan would accept the position, Another ‘had tt on tha very best authority that 4. T. Stewart would get tug place; wile others knew beyond a doubt that Con noily did not intend to resign “until the whole mat. ter was seiticd.” ‘Then, again, Mr. Jaaao bell wae to be Comptroiler. He was seen going into th fice, and that settled the question. Nobody seemed to know whether there wag any truth in the report that Judge Loew had Leen telegraphed to come home and take his place as one of the High Court of IMPEACHMENT, i in the Common Pleas, bat the story was general: discredited, Certain wiseacres “knew” that @ meciing had been held either at the Manbattan Clu House or at Mr. Tweed’s private oflice in Duane street; that the Board of Apportionment was thei gut. ven Cassidy, Aibany; Kernan, of Utica; wburgh, of Uist county, and others of the democratic leaders from the country were said to be in town and quite eare neat in their specch to the effect that “SOMBPUING MUST BB DONE’? Again, it was rumored and seemed to be credited that Mayor Hall intended to resign his office, come out as a private citizen against Connolly, aud form one of a new set of leaders, with Sweeny, Hilton | { and Barnard as his associates. Such statements ag these were circulated either for fun opthrough tgs norance or innocence during the entire day; but nutmng positive could be learned tu regard to any of the ideas thus bruited about, THE UNICN HiLL MURDER. Tho Inquest Concloded—Withers? Death Still s uded in Mystery. The investigation in the case of A, R. Withers, who met his death two weeks ago, near Hoboken, was continued last evening oy Coroner Volhards. ‘rhe District Attorney was present on behalf of the State, A number of citizens were present im tha room pending the inquisition. n doubt, profiting by his possession of those admurae ~ John McDougal sworn—I live at Staten Isiand, And — am bookkeeper for Reed, & Co., of Broad strest, New York; deceased had been in the empioy of Reed for six weeks; he received from $8 to $10 a week; he was regular in attendance; he was last seen at our office on Monday, August 28; I sent him then to collect $80 from Mrs. Mitchell, corner of Fifty-ninth street and Fiftn avenue, and he received sald sum; he was never intoxicated, and was looked on as a gentleman by the frm, Dr. Henry Mitcheil sworn:—I made @ post-mortem examination of deceased's body; found two small wounds on the left side of the head, which seemed to have been inflicted by violence; there was @ downward ana tnward wound under the left ear, three inches deep, and terminating in the left poa- terior side of the larynx; these wounds were suflicient to cause death; made no examinaiion to ascertain whether death had ensued from drowning. (Had such an examination been made it could probably be determined whether Withers had died of his wounds before he was thrown into the river.) The District Attorney, in order to have some light thrown on aaked Mitcnell whether the valves of would prevent the access of water to the stomach in case water had been expelled trom tt by gene erated gsse3. The Doctor could not give an a swer, howev Sergent Kinge, of the Hoboken police force, testis ~ fied to having seen the body on the dock and or- dered it placed ina wagon and conveyed to the © undertaker’s office, Charies Arnold, @ young man Who resides in Meadow street, swor it he rowed in @ boat after the body when t He several men standing near retused to go and the remains ashore; I think Witnera must have been lying hear the shore, as the back was by Sag whe body was floating very rapidly from the doo! face downwards; the vest was buttoned up, and the pockets were not turned inside out, Archihaid McInness sworn—I knew deceased; he was in the habit of coming to a liquor store at No. 25 Newark street; the last time I saw him was the 26th oi August, about seven o’ciock P. M.; he speut money in my company, bat I can’tsay how ma A recess was hereupon taken for an hour ip vo procure the attentanco of a Weehawken policeman named Obodah Parker, who rei to. attena the ingnest. Coroner Voliurdt immediately sent for him and comyelled him to come from Weehawken. On being sworn he denied ever having known or heard anything what- ever about aeceased or about a disturbance at the Qak Shades Hotel. ‘This witness was ou duty om Bull’s Ferry road on the oigot when Withers was there, His testimony created quit Nnsation in the court room. Coroner Volhardt then chi the jury and said that the inquisition should altogether be discontinued. ul «lict consistent with the evidence; sary, would recall them at @ future Jurors, alter a brief deliberation, rendered a that A. KR. Withers came to nis death from causes to them unknown. So ends the case of the luckless Withers in the’ same mystery which shrou.ed it at the commence- nt, Every respectable citizen of Hoboken sees n it a new proof of the fact thata man pla inflaence can rob, murder or ouses of il-fame just as he fy and that Witn the tacit consent of Hudson county Juries, It cannot be expected that the Gra! shall break up the abeminable dena “up the Wien their very supporters are leagued with Wreiches who run those houses, . THE ESSEX OJUNTY (W. J) CHOSEN a The regular monthly meeting of this board was held yesterday afternoon in the Court Newark. After the transaction of genera business resolutions were adopted. Finance Committee to isaue bonds to 435,000. for the or ralsing fangs to preporan of the county m the ‘urnpike bridge over the it Sekt Greeters abolished br the 196 of Oowoberse® BOARD OP | same, bly be q } the throas ; : f