The New York herald., 1867-05-18
SUPREME cuuaI-cnAMseRs.

The Fernando Wood Leases Continuation Of
the Argument ON the Motion To vacnte the
Observation-Disclosures Granted.
Before Judge Sutherland.
continuation Of the argument on the motion to va.
cate the mandamus in the OF the people OK rel
Fernando Wood va Richard B. Connolly, Comptroller
resumed yesterday before this court II win
be remembered that Tuesday last tho argument
adjourned order to allow Richard UGorman, Counsel
for the Corporation 70 procure the adavt Of the Comp
roer rcbuttal OF produced by counsel for Fer
nando Wood, stating that II was with the advice and
Of Richard B. Connolly that he applied for the
mandamus 70 compel the Comptroller to execute the
leases favor OF the relator Of his premises Nos lis
and l17 Nassau street.
Judge Allen, counsel for Fernando Wood, stated in
substance that In this litigation there were two
injunctions, one in the Of Pullman and the
other IN the name Of tho Common Council,
both Of which were dissolved by Justice Barnard.
From both Of those there had been an appeal,
and In the Pullman IL temporarily restored.
Tho motion pending merely to stay the writ Of
damus and TO restrain al action OF the Comptroller The
aldavit Of Mr.. Williams served after Mr. Shea left
town. who knew all about the IL desired that
the motion should not be decided until Mr.. Shea
turned and II he desired, he'd made counter af1davit
against Mr. con.oy ne asked ,ha: is stand over three
would be granted by consent n this DELAY granted.
Richard 0Gorman stated the part Of the city that
was . motion 70 SET aside mandamus exercise by
the court Of Its extreme power directing the Comptroller
ing the Comptroller 10 decide this suit in favor Of the
defendant He considered that dangerous practice and
he would be doing an injustice 70 the city which he 70
presented and 70 his profession by consent he
ceded 70 the idea that such practice should in the
future become usual because precedent had been given
for Il in this action. He would state the condition Of
this Of the Mayor against Wood II commenced BY
the nlne OF complaint some long time since-a COM
al fha leaee In In hat
suit the object Of the legal representative Of the city was
70 tender 10 the defendant in this fair and eg
IL he could certain allegations kirIv and poiubans SCI
forth upon that complaint and which II true would not
was that perfec. justice should be done between The city
and the citizen who the defendant IN this suit Mr.
Wood II was sought by the coun sci for Mr. Wood 70
Of this to name the counsel or attorney or
repre- esensativc Of the defendant II was not until
after the Corporation Counsel refused 70 extend the time
for answering that any gentleman appeared formally
the defendant Al last one did appear, Mr. shea After
al the delay this court granted twenty dsys time
fairly offered and rendered TO the defendant in this case
20 have the questions which have 20 much occupied at
the legitimate form, had been far refused OF
evaded by the defendant In this case. II there should
other side Then step was taken BY sissrned Judge d
this court which practically compeed the financial
oncsr q the city 70 80 far in deciding the question =
execute these leases II issued without any notice
| Of any kind pcrcmptorily, and without giving
opportunity Of denying the facts alleged in that man
damus was issued, a. u Averred upon the decision
Of the court and the issues the case. because VA
safsd that IL vas issued upon the conviction Of ths
court thaa the ac alleged In The complaint were un
true, whereas the question whether they were true q
untrue could not be tried unless by deliberate exam
isaaion Of the csse, either BY jury the court II
Be true thai IN Law and In practice the issue OF thai man
damus was An error the part Of the leArned Judge,
and ne shoughs With The greatest respect 70 him. nao
cesn improvdently isued, they had night 70 esk tna
that mandamus should be aside and that claim hs
did not wish 10 waive In this transaction. TO shov
that there vas notice served upon Of the officers o
l the city, an affidavit Of Mr. Wood was resd, Y
The ertet hAl IRst HandaEus wA iseued