The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-06-26

An ana On the other Bat the Court finds that 10
lies stock sil and never brcsttes q syllable Or
suggestion in any form, formsiiy. personally, or
otSerwsc about an injunction, until October No
had they been doing during all that long interval
During that long time, thesc parties devoted them
sevee for i've months, TO the lAborion PREPARATION
81 their trial the merits OF the case They pro-
cosded 70 take testimony bearing upon the merits
They had. at time. sx sets Of commissicners, GO
ING like 20 many blasting mills, ut the same time
They take these volumes Of testimony, which rise as
Alps on Alps. obtained at an expense Of ten thou
sand dollars and great deal Of valuab BILE invalu
able temper; and when, ut last, that long Of
ees sscs in iileness and the result Of il, idbo
r,os mIsd agens, is laid upon your table, and just
the panel was about 10 be called, up they rise,
for the FIRST time since October, 1850, and tell us,
"0h, here is an estopel that concludes ycu from
trying US anywhere l. it not old common law
method, that he who pleads an estopel, must plead
il in an early stage Of the easel Has II not been
decided, n hundred times over. that he who holds
on TO his cstopel until the parties have been at the
expense Of preparing for trial on the merits, he
shall not have his Injunction If be true, that 1t
has been established as well settled doctrine Of
Chanoery, that if piaintif will neglect to move for
an Injunction until the hna' hearing, instead of
starting with kind promptness in the earlier
stages, he shall not have 1t at ALI SO long
as that has grown TO be doctrine Of law, il is
quite ct, quite fit your honors, to say tina, though
we have changed our condition we cannot place the
merits Of case before the forum. which the law
allows to the nameless wanderer. TO tue outlawed
vagabond, aud To the unknown man. and plead at
the bar that the benefit shall be given usl On the
other hand, had Mr. Day been guilty of laches.
He il a little too quick, # anything Has he ever
been guilty. Whercl Howl Whenl Their action
at covenant he met and defeated Last fall he was
prepared. and they retired before him. satisfied that
in the method. and in the letter, his case
swerabe by this bill. Here, always, he is. He has
prepared his case from first to last, promptly and
consistently upon the ground that he had right to
he tYia a wOul1
only too happy to meet them Nov, while there is
nothing to displace this general right, is there not
good deal in the nature OF the case and above
the right Of the defendant Is there not good deal
of reason intrinsicslly, in the case. why should
have the opportunity we seek! While my brother
Brady was pursuing his analysis, think the
Court could not but have remarked how thekly
the case is strewn everywhere with questions OF fact
not questions Of constitutional law and acts of
Legislatures alone bu, questions Of fact everywhere
such questions rs are emph atcaly for the consde-
ration OF jury That these facts at least doubt
fol, win soon he shown to the Court, when the
guments Of my associate come to be presented. But
If your honors please, they numerous, they
spring up abundantly they exactly fitted for the
consideration Of jury, and they are such your
honors every day rule TO be fttest that tribunal.
This question of esiopel Itself, on which have
so loug detained the Cou to-day, cannot be decided
against Mr.. Day, | apprehend. without a jury.
Whether or not Goody car has ever protected him
whether his want Of protection for two years and
Quarter induced competition, and to what extent,
and other questions working great and fatal changes
in the circumst snces Of the parties-are they not
alphabetically matters for jury But, then,
tho moment the Court arrive ut the other
questions | have. had occasion to discuss-the
momant the Court discern the questions whether
one man is interested. whether one man IS fab
ricator Of receipts. or whether another man is u
dreamer, befooled by his iancies, or tells the
truth-whether Pratt and his eleven witnesses
swearing, every OF them concurrently. from
September 1855 down to within six months at least.
II ,bn nth nh, ri nj
manutactory Of this very article Of yulcanized rub
Der or whether il Is romanceTI yls'sfced, ana who
ar0.twenty witnesroEuIn that Mr. Hayward was the
Gaaiurvr OF the yulcarized discovery. tell the truth.
These are all questions of fact, eminenty fitted for
the consideration Of jury: and ! do verify be-
leve that the exhibition of these witnesses, for half
an hour TO the gaze OF the jury in the presence of
the Court, under skilfil seXaplination-l be-
lieve that thus sulecting the to jury under
the guidance Of your honor, would better satisfy
your honors, than You could satisfy yourselves,
to the merits of the case on this brief | think
ought to addthere IS one stronger reason for jury
III this than exists in England there, al
though party may be estoppeG by his own cove
nant, as against the paentee he may 60 right into
court again upon >crd facias; but 10 such pro-
cess is known 10 There. estopcl does not de-
prive the Englishman of the right to continue his
case in another couet while it does deprive us l
submit finally, thar it is not improper referto the
condition of Mr. Day-the subject of some unfriendv
if not vipdictive remark. ! do not suppose that
need to 60 beyond the evidence in this case; bit all
he has in the world rests Ne decision in this
question. He has three factories, employing three
lndred hands. The earnings of has life, the best
energies Of his future are Invested there: and
suppose there is no doubt that an injunction to. day
ruins him in business point of view The law
allows the counsel to say to the Court that it pro
baby ruins him think -our honors will neither
think il strange, nor wrong. IL in the condition in
which he fiji ds himself with all the reverence which
he feels, and feel, for this Bench, he should find
himself turning to that tribunal, so cherished in
ton Of the administration of Jurisprudence trial
by his peers presided over by the learning Of the
highest branch Of justice American citizen
knows.