Home / O'Callaghan, E.B., ed. The Documentary History of the State of New York, Vol. III. Albany: Weed, Parsons and Co., 1850. / Passage

Documentary History of the State of New York, Vol. III

O'Callaghan, E.B., ed. The Documentary History of the State of New York, Vol. III. Albany: Weed, Parsons and Co., 1850. 261 words

Tint there was a fraudulent Combination between the Church Wardens and the Justices and Vestrymen to elude the Act and prevent the issuing the Warrant, to deprive the Complainant of his Salary & to raise a Purse by Subscription to defend any suit lie might prosecute. -- And that the Defendant Edsal was very active if not the Author of this Project is clear from the Testimony of the Witnesses.

The Biii cliarges that there was such a Combination actually formed to circumvent and defraud the Complainant and in the Interrogatories the Defendants are required to answer --

Whether they have not endeavored to prevent the Complainants being paid 1 -- Whetlier they have not declared he sliould not be paid 1

And what Schemes have been contrived and put in Execution to prevent his being paid 1

In answer to these Questions -- the Defendants deny all Contrivance Combination or Confederacy charged in the Complainants Bill ; Declare that they never use any Means Arguments or other Devices to prevent or that by any such Ways and Means Warrants or Orders have been prevented, by and from the Justices & Vestry men in Behalf of the Complainant.

And they positively deny that such Refusal has been made at their joint or seperate request or by their joint or several Means Influence Contrivance Procurement &c.

1. Noy's Maxims No. 6.

2. 1 Eq. Ab. 482 n 21; 2 prWms. 154.156. VinCh. Letter Sn 1. 2; 2Eq. Ab. 4S2 n 17 n 19 1 pr Wms. 620 Vin. Fraud, 55 n 9