New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-04-26
less there something whic,A TO act and that
something was not In this case Nnw a. thers "a In

thlnk your hohor WIN sr mt the Indulgence. Ger
einy your honor has no esire 70 exercise jursdc
ion that does not beou to Ibis Conrt or donbtfnll
especially men II can bs determined with.
p very Few u!s VT ether that jurisdiction resides In
ms Court OF not here is desire for delay for any
2lher purpose In ~ that question Of jurisdiction
II we shouih W night in our view Of this case-and
mat view IS 5ntcrtained by those who older and
AoTe eAper" seed than Ourselye-then there will be no
occasion n answering the nterrogatores. II We are
WRONG shall give the answer matter OF course
10 dtlay only be for few days, which can GER
u My make no great difference.
Th4 CbwtYou desire TO test the Jurisdiction OF this
Court in of two illegal and unauthorized ways One
hr applying to aJustice not at Chambers who would
DO the proper Judge to apply 10 dhough he may have
been temporarily absent 10 could not have been GER
tany 10 the extent Of five mnutes) and the other by
going 10 the General Term. 1t wolld be doing away
with the practice in the Court Of Oyer and Termncr ~
allow all cases which counsel may deem novel ques
tonabeo be heard In the first instance ut the General
Term.
Bfr. FplleTtoa-Thcre was no desire 10 avoid going
before Justice Peckham. only he was not here, and
Judge Marvin was Judge Peckham went home on
Saturday We were DESTROYS Of making the application
at the earliest possible moment The papers pre-
pared as soon as We could have them, and they were
presented 20 the Justice sitting IN this COurt who had
leisure 10 hear the application. think with that fact
before your Honor that there was no desire Of al.
pyiuC 10 Justice Marvin except that there was no
Judge then at Chambers, nnd the fct that We had no
but to obtain the wit ut tho earliest possible mo-
ment so that II possible should be served TINS morn
ing will be sufficient with your Honor ~ Is friendly
process, one recognized By the law and there Is no OF
tense IN applying for it,
TIE C0GrN0 Sir; but if It il granted it must be
state q facts that does exist for il does appear
before him that an affidavit was made here.
M. FuHrton-Your Honor cannot take Jldicial cogni
zance Of what is not presented.
Tie Court-You told me few moment, since that you
were not aware Of the fact that affidavit made.
Mr. FuHe7ou-I said Mr. Williams was notaware Of
it, hardly think upon reflection that your Honor can
refuse application the ground that our papers, be-
fore the Justice fthis Court are not regular
tn: Court-I do not place It upon that ground. I
called your attention TO hereasons why the application
should not DO granted.
bfr. FaHeron--We only ask a few days.
Tic Court-Flle your interrogatories with the Clerk
oftle Court.
Mr. FuiertoRWe have no occasion TO file intorroga-
tories.
The Coprt-Imean your answer to the Undergraduates
! There Is no Misunderstanding
Jl. WHans-I did not understand that any affidavit
was fled a the time this order made until after
It Was made had 10 intlmation that anything of the
Kind was done until some twenty minutes after the ar.
cumcnt when my friend tnrrcd 70 and said there
affidavit file " some fact which he stated,
and which by the way. IS not material fact IN this
case but is entirely outside Of il. No copy OF II wa
SER ct upon go that we cannot Dc charged with any
such notice any benefit be derived by the pros
ecuton from the fact mat II was filed Tie argument
tho other day was on the presumption that It was
not filed / beg 10 say that the indulgence we
ask is more for my own convenience and that
AZ ny associate than ANYBODY cl,es IL the short space
Of time that was allowed from Wednesday ull tbs
morning, With osher pressing business IN court and
ON, OF court IL has not been convenient 20 DO what per
haps should have done II We had had time. hs ap
phca,On is not made Wltn any factiuus design toward
your NJuOr-n0t ~ tho sls Atcst degree and believe
upon reflection your Honor will at hat has been
done hls been detected ~ no uuleudy feeling Oi az!
kind. The application Is one which IN civil or crlnl.
bal case would ordinarily be granted There can ne
nothing lost by delay There is no haste IN the matter
No man Is gong to leave the jurisdiction OF the Court
your Honor viii remain. and We shall All remain. We
shall be as wen or two DAYS hence as any other time
Ana think your Honor VIII be glad when get through
hG c1se that your brothers with you 10 determine
The questions. which IN tie opinion N my associate ~
myself as well others and ADLER counsel than either
o. as. are wei taken. need not assure your Honor
that neither myself nor my associate viii ever stand ny
u any Court and ask that tie dignity should be iu tie
maintain IL dignity. But SIC stand upon tie law, We
tlius In this cast, ns Ia any other and when We 90
point Of law in our favor We think II our duty - take
II. And, think Your Honor would reprmaud Us five
shOud omit point of Inv in favor in any case.
You would say we had not done our duty, and WIS not
worthy 90 have our the ru OF attorneys and
counsel. therefore submit that this indU geuCc % my
friend and myself should be granted We certainly
have not personally elyon any oae sion 20 deny %
s any OF The ordinary i'Ogo asked ~ gentlemen Ol tue
bench or II the court
The CaLr-lu answer 10 the sug osti0n that yourself
our associate and men eminent at the bar have looked
into tie matter ard have concluded that the Court has
mo jurisdiction. will state TIA. there las been de.
cisiln within three months b! the Nlc'Clancolor u
England upon That sGhect and viii be produced 10
sustain he action VI tLc Cour, in this case.
Mr. WiHaHs-I was not aware OF that decision. No
doubt i, referred to BY your Honor the other day
and asked The District Attorney TO give the de.
cson 10 look at need not tel you Honor that my as
ISOLATE and myself cnn. on no consideration stand be
fore the Court 20 cOatlOyor principle Of law fthere
be such decision. We shall De the met 20 bow down iol
me Law. We have serious doubts on the subject
and Of course when counsel entertain such doubts and
10 is tAe Interest u their client ~ maintain the point
is tleir duty 10 DO 80.
Mr. Rli1-I was about 10 observe when interrupted
my friend that in the technical course Of this proceed
ing from day TO day his application would necessarily
be granted. As / understand he does not refuse nor
neglect decline 10 fle TO the intcrroFa-
tories. There - an omission SO TO do, and as your
Honor remarked the other day the party upon whom
these ..t'ogs were served has not appeared again TO
day Now the next technical OF this proceeding
is for your honor 70 direct BY due md full entry on the
minutes that the order for writ OF attachment Issue
against his person which beg 10 submit. should be
baable on LIS personal rccognMuce to appear on the
day that the party wishes tie adjournment This in |
way conflicts uterleres with the application he 10
about 10 make anywhere. | make the suggestion 0s !
ruicu, curis that writ of attachment issue 10 bring
the party accused before the Court Thursday morn
ing AZ II O'Clock and that being done. the gentleman
intercept the proceeding by his writ Of prohibition
at any time he chooses 10 do In this technical |
artificial Of proceeding his rights not in any
way 10 be prciudced. | had hoped that thc-perhgps
20 some extent Observation-Disclosures which was given
20 the party TO state the circumstances OF the report
under the spirit OF the statute, 10 say nothing Of It's
letter would have been taken advantage o. and some
Nplanation given IN regard 20 the publication of "A |
matter which. If published in the manner stated |
in the interrogatorT, and stated by al the other
newspapers afterward in the irest manner would have
entirely done away, IN my opinion, with this proceed.
ng. Thus much deem It necessary to remark Der.
haps little informally. In regard 10 the suggestion Of
hc gentleman in respect 20 the prosecution IN this