New-York daily tribune., 1865-10-19
Il srpERrOR COURT-TRrAL TRRA-OcT. la-Before JUS
n tice BARBouR
posIToNEMEET OF THE MARETZEK-CAULDWELL
Ma, Maretz.k agt William Cauldwetl and others.

Ma, agt William taudWefi A.,
This ease having been called on, MIR. Hall Tor the
depdns asked that the papers nos on he nthe Cour
the complaints and answers IN this case ana IN .e %
ostTeen s.s on might be postponed TIL after the trial Of
cause No. l. on the ground that It was not ia " 'n'
The case he had called No commenced on the & as.'
October 1862 and the present case on the @ @ % nd
The in this second suit set up the hIst su %
,nce the commencement OF that suit me oeiehohs a
nued to libel them IN saying hat on ,hs S and in
other portions Of the complaint se up the o. @
libel Now the defendants answer set up IN m hs t,i.I and
hence these alleged lbe true Now, until NO. n '
posed Of they deprived Of this defense Dsfran,.
The noticed the cases Tor sl
in be suit, are not in the habit OF doing s
nected with tho press have something oe.e , 70 % He
.sed h. they should notsbe compelled to proceed 70 @
now unless indeed all matter referring 70 81" Ho "
Tor plaintiff urged thai this extraordinary
application; that here there were eight ds,nSt hpe S q,
In no vay dependng the trial Of the suit No. fach oi
these was separate and distinct cause of sction Ihe pain
tif entitled to bring on either at bis opnon IN
one for murder the could choose "cn nc
would bring Beside the references 70 tho n' ~ .a Yer.
merely stated matters OF inducement W. 'h' who
,u wa pending defendants continued TO Issue thn IL
In the other action variety nsa
therefore at issue the calendar aud the psntns cou
bring on either action at their choice the defendants
,ho,y good cause against II. 80 =,
Mr Hall replied the sppli cation was one at The di'ce
ton tbs Count; In the case OF two ndietnents adafea
IN, opposite counsel the Court would pronaby dect t
dcurut 20 tried which IN dspo'ng OF the one woud d-
other indictment saving Tune ana uouOh W
Court that though tins matter merely by way OF IN
dncerent would go with terrible effect 10 the jury On ne
other hand obtained verdict, the whole point
would fall dead g., fl
Tb counsel had mistaken his point which was that in Jusu
fyuz the alleged libel by what would happen on tho othI
f their defense would be destroyed unless the other rA
oos place hist. Suppose verdict against them on ts ira
and fr them other in what position would they De
Legal questions IN the other mad been passed on y M
ps aud General Terms and gone into the reports he did
not know how il could be disposed OF further
Cn.l fo defense stated that the order that decision
had mover entered and something s remained % be
done He desired try hi. and rather man nave
n 20 over was willing ,tpulaie that the facts OF The Tr'e
.ou. 80 r a. concerned this libel might be Just IN eva
deucr. .,-t.-- a. -
lie Judge held that the motion must be granted unea tas
plaintiff would siipulate 10 'trke out al matter fees
Tho n,er was tbereupon adjourned to Monday next 10
arrange the stipulation. - NM IT.
Judah and Dickinson for plaintiff A. o. Hal FOR dsen
dabt. IL, ,,,..
DECISIONS.
Patrick Kelly agt James Lee.-Moton grantee
with ; 10 costs Peter r. Strong tg Mary r. strong no
ton ran.e1 samuel Galway sgt- Mends Jaeo6"-M9tion
anied and proceedings stayed William Ne"eA tgt Ria
Mhtsle. Motion grtnied