The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-02-20
The Broadway Railroad Case.
! SUPERIOR COUKr-SPECIAL TERM.
Before Hon! Judge Duer.


SUPERIOR COUWv---sPECIAL TERM.
Before Hon. Judge Duer.
FEB 10.-The court denscly crowded this morn
ing that the ,e, Bile to gain sdmittance
:he hour appointed for the appearance VI Alderman
nrteyant The room became tnropged shat the off,
ordered to close the doors, and considerable
delay occasone in consequence Of the professional
gentlemen being outside and unable to get In few
minutes after the Judge took hs Alderman Sturte
want aeeompan,d BY HI, couns !, catered the court
y counsel here for the plaintiffs you prepared to go
but for the calling of Mr. Sturtevsnt
Judge DuerThe Sheriff has returned before that he
upon giving security. You now that Mr. Sturte-
want be called.
Ex Chief Justice Jones-At the test meeting of the
Court on Saturday, an appeal wastaken to the order
in consequence that appca, Mr. Sisvant did not an
and so the Court decfning thct order go0d pro-
cseded to call him. and isssdaa attachment returnable
this day and subsequently, that period an order had
BEEN obtained to show why that second attachment
should not be discharged @ a havng esn .%propsry inn is
1t has been the intention of Mr. urtevant any
OF ais advisers to Violate
order Injunction, otherwise of this honorable Court
Mr. Sturtevant md his advisers until the desison lately
made by this Court hayeentertained honestly and truly
the opinion that the judiciary had net the jurisdiction 10
the Common Council Of his city and It ~s ads. those
views and impressions that the was presumed
and supposed by not to intend to prohibit Mr. Srt6
want any Of the Aldermen Assistant Aldermen from
voting upon that question: but was intended to prevent
the grant from being carried eut' Adnonished as
appeared u.s. notvithstandny the opinion Of
want his advisers should ultimately be found TO have
bee, correct in their views it would consistent with
justice that he should be punsheds for what
sidersd contempt. Al the time, however It
was proper for this Court to vindicate its own
dignity; and that apprehend they have fully done
SO Is to justify not only themselves but the whole
world, to the correctness Of their conduct Il
was however, only with view cave whatever rights
Sturteyaut tero exam mat
Of this that in the first place appeal made
was obtained from YOUR homer to show - conse
After what l have SAID therefore, cannot but say
that Il rS We dss to DO that sna
are by means disposed further to delay to oer
mpedment to the course which Court win take
posed unless the Court should M to argue upon this
motion but content to submit tehe decision Of the
Court without further remark. Mr. Sturtevant Is
present in obedience to the attachment last issued aud
IS ready to submit himself 10 the Court.
Judge Duer-1 mentioned to the. counsel when this
objection last made that the question of appeal had
been decided by the Court at general term have
brought down the opinion this morning. and intended to
Mr.. Field-we have no desire to argue che matter
Judge Duer-You to file intcrrogatories and the
question Isl what time shall be given 10 them.
(To Mr.. Feld) You do not wish TO be considered as
withdrawing your motion
Mr.. Fied-No, sir.
Judge DuerI have express my very great satisfao-
ton that Mr. Surtcvant and his counsel have elected to
Ex chief Justice Bronson-we lave drawn interrogato
ries which we will file and copy Of them upon the
opposite counsel
Mr.. Sanford-The intcrrogatorss appear to be some-
what volumnous, and have yet had opportunity
to them. it will take some time to prepare an
swers to them we desire that the matter shall stand
until Saturday next.
Judge Duer-The opposite counsel should have an on.
portuny of seeing The to these ntcrogatores
| before Saturday
| Mr. sanford-Thcy shall have them on Thursday
Ex Chief Justice BronsonThs n!errogatories we have
filed require nothing than to TO answered Yes
"No" There are only three or four questions and they
IN vplln in tan davs
Ex Chief Justice Jones-Bat we may require to give
some explanations.
| Judge Duer-The party by his answer NAV choose to
purge himself ct his contempt and may assign reasons
for the course he has pursued.
this matter that is now nearly two months since what
re consider great outrage the administration Of
tention and very naturally might Of the lwlovug por-
ton Of the community, Th, matter has been lin
| symptoms from any quarter Of submitting to the
Gourt--not even since the judgment Of the Court.
intend to stand out to the last There are twenty or
thirty other persons involved in this matter, and
mean to ask for attachment against all of them Imay
as well make that motion at this time because if any
thing to be DONE and the Court to be vndicated it
ought to be done at oneo. ! move for an attachment
bail in sum OF So, 500.
Judge DuerWe had better dispose of Mr. sturtevants
case first.
ExChief Justice Bronson-I wish to have 1t rxaie re-
turnabc in short time. These persons have had two
months time and they have made advance to wards
submitting 10 the Judgment OF the Court and we wish
these interrogatores to be answered at short day II
shall never see the end Of them at least in my daye
Judge Duer-The course shall adopt viii be to let Mr..
sturtevan have until next Thursday to reply to the in
errogatories and that he shall that day give his
swers to the opposite parties And as to whether he has
been guilty Of contempt shall refer to the Court at
general term on Saturday next
Mr.. Field-Tbat meets approval entirely.
Judge Duer Mr. sturevsnt has appeared upon his former
bond and will take his recognzance in $500 to ap.
| pear Saturday next.
Ex thief Justice Bronson-I now move that attach.
mcnts be issued against all the other persons.
Mr. sanfordI understood that the motions as to the
other parties were to lay until that Of Alderman
sturtevant had been disposed Of
MIR Gerard-It Is disposed Of.
Mr.. Sandford-No, it is not
Judge Duer-I think the postponemcnt has been long
enough 1t was in expectation that the other parties
nigh choose to into Court in the meantme and
is evident that all the parties mean to contest the
should go up to that tribunal together.
ExChief Justice BronsonAt the proper time viii show
court.
| Mr.. Field-You will show more than you QAugh-
Ex Chief Justice Bronson-T after this act had been
| done, and after the case had been argued before
whoss ace wa nanmous these parties Who
have not been attached had chosen to come forward
and sad Eve have acted under m9isapprenenson ana
the Court and asked what damages We had suffered by
these proceedings should have been satisfied There
was vindictive feeling part We only wished to
vndcate the administration Of justice, and to
legal rights But, sir, they stasd out and although
they have had several weeks they have In and
said that they mistaken but instead Of that they
mean to defy the Court That is their language and
We and 70 20
cate the administration Of justice, and do not
TO postpone day or an hour. (Marks of approbatonl
the intention Of the Court to sit and hear all tho other
cascs at nine O'Clock Monday morning. With the
general term Saturday next and the whole Of them
argued