The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-11-24


would give time 70 argue this question: when the
Judge before whom the question WAS now presented
Burrill was now claiming tnat IL was question OF
power OF the Cour, when 1t had already been de-
MIR. Pierrepont said that II the order which the
Court proceeded TO make was erroneous il could
hereafter he modified; and he asked the Court 10
ns saS a aa his @ had remarked that
he had no feeling In this matter. lie tMr. BurriiD
hoped that 1t was He had asked in this for
an opportunity to present his facts. They had
worked late on Saturday night aud while hi nsef
and Judge Porter had been in court to-day other
papers. Ii seemed to him now not unreasonable TO
ask that his Honor should give them more time On
last Tuesday the order 10 show cause was granted
by his Honor, and contained provision that time
would be allowed until saturday last for the service
OF further papers. Until that time had elapsed 1t
was impossib for him mr. Burril or his associates
TO tell what papers were to be used against them
and what they would have 10 use In opposition.
Judge sutherland said he did not doubt what Mr..
Burriil said, but he saw no reason or justice In
granting delay.
Mr.. Plerrepont--Are we to be kept here all nights
This is all scheme on the other side TO make time.
Judge sutherland said he thought IL this Mcintosh
suit had not been already before hun and developed
the facts 1t had done he should not have been averse
to granting p0StpOnement; but in view Of these
Developments, unless with consent OF the opposing
counsel, he felt inclined to go on with this motion.
Mr.. Pierrepont Mr. Rapali0 ana other counsel here
joined IN a chorus Of mo, nO.n
Mr.. Rapallo said that they were now dealing with
part es VINO did not acknowledge themselves to be
bound by law, by injunction or by anything else and
they, therefore, must act promptly anu decisivey
with them.
and some excitement followed, both among COM
sc and spectators, when
Mr. rerrepont said:-The Judge says sgo on with
your motion,H ana 20 OH
Mr. Rapailo-Will your Honor please secure order
in court
After some further confusion Mr. Rapallo opened
the motion upon tile papers in the Belmont suit aud
all the atidavits.
Mr.. Burrl asked for recess for three quarters OF
pnnrft
OF postponement again arose.
Judge sutherland said 1t would be very great in
convenience not 10 him personally, but to All the
other parties, and perhaps SUBJECT some OF them 10
great injury II a postponement were granted. II
ANYTHING wrong was done under the pressing OF this
motion 1t could be reineded.
Mr. Rapallo then proceeded to read some OF his
papers and perfect buzz of excitement ensued
among the opposing counsel in the course OF winch
Mr.. brown said, ri WIN 10 and get some papers,
and hurriedly left the court.
Mr. Rapallo again stated that on this motion he
would use the papers used to dissolve the Injunction
In the Mcintosh case and would also read the
papers used On that OCCASION together with me CON-
lie then rected at some length the facts
set forth in the complaint OF August Bel
mont ana other documents and proceeded
10 argue that this Mcintosh suit showed plainly that
the parties interested had c0nnived at the petition
OF Jay Gould themselves by accepting positions I'M
der HIM. On these facts he submitted that the case
was made out. His Honor had already stated that
the other side could not take back what they
mad already said sns bill 81, Of COMPLAINT
just concluded. He could not conceive that II Mr..
Gould could now swear to different state OF facts
that his atidavit could be entitled to credit. The
Court could See that the whole affair was contr,-
vance 10 spirit away the property Of this company,
anu ihat u would o. unsafe 70 leaVe u unproteclea
put II In unsafe hands, The General Term was now
ia session and could review the proceedings II any
wrong were done.
Mr. Porter said that it was precisely for the pur-
pose OF avaing themselves Of such review that they
desired to have all their papers heard, but which
N
Judge Sutherland requested counsel to state gene
rally what they expected or intended to show by the
atildavts they desired to produce.
Mr.. Burrl stated soto r0ce to Mr. Porter that they
could not do so in justice to themselves.
Mr.. Rapall0 again urged that they had had six
days TO prepare for the motion and they should have
known that IL would be proceeded wtn But neither
he nor his associates had gone to judge out OF
court, and il must De conceded that they had given
the other side plenty OF time. Instead or preparing
nm these papers In the Mcintosh case pecisey in ths
way the company had always done by staving on
Judge sutheriand-Mr Porter, there is one thing
that aIldayits cannot do. They cannot swear away.
No afidavit give this corporation power
one share OF stock Illegally. suppose you will con-
cedc that.
Mr.. Porter--wc concede or deny nothing.
Judge sutnerland-weii ! only take the general
n you wish prove anything TO do entirely out
side OF those papers already used. IL Is important
that it honest suit brought to carry out what
IL alleges. IL Is impossible for mo to say what can
do otherwise than to appoint an officer to take care
OF the property OF this corporation.
Mr.. Porter here attempted 10 address the court
Judge sutherland said no wished Judge Porter
In his place and he would perhaps sec II a. no
Judge Sutherland) saw 1t. Under the circumstances
he could not grant the delay.
AT tins stage IT the proceedings the defendants
counsel appeared inclined no, 10 90 on with the
case.
Mr. Rapallo handed paper to the Court saying,
II will ask your Honor to grant me an order 10 DIS.
solve the Mcintosh Injunction, together with the
amended order"
Mr. BurrIli suggested 10 Mr.. RapalIo that 1t would
what its action would be.
Judge sutherland then proceeded to write on some
papers which had been furnished him, and perfect
IluTter ol excitement was observable among the
counsel associated with MIR. Burrill.
Several OF the counsel cried, "Wait, Judge, walt,
Judge we want TO I've hcard.n They then asked Tor
brief recess, stating that they wanted to send for
some papers; that Mr.. Brown was momentarily ex-
pccted. number OF the counsel then began to
MUNICH sandw lches aud other portable edibcs with
evident relish and surprising appetite, and which the
provldent gentlemen had sent messengers out to
procure 10 was now four O'Clock ana none OF those
present had had any opportunity Of obtaining mid
day lunch. perfect avalanche OF CO parte business
was launched upon the Judge by other counsel who
were waiting in the court room. After delay of
about ten minutes
conference with Mr.. Burrll aud other associates ad
dressed the Court. stating that they could not b.
ready hsn, without their alday.ts, and that could
not he expected mat they would WORK ali day on
Sunday. dsaughter.)
Judge Sutherland (betrayng evident surprisel-
thought you had sent Out for papers some time
ago.
Mr.. yanierpool-I have some unfinished papers.
bus they are not ready 60 be presented 10 the Court
yet cannot see what necessity there IL In this
great haste. There have been papers served upon
anybody.
Judge Sutherland--Weil, viii state again that no
anldayits that yuu could bring In could make much
difference In the aspect OF this case.
Mr.. Fullerton twho had Just entered the court
sharply oDsere l-supposc the whole tbins Is de
nicdy
Judge Sutherland liuqniringly I-Suppose the whole
thing Is dcnledf
MI Fullerton stated that there was something very
remarkable about tdls hot haste. lie did not see
what hat vet been presented 10 the Court 20 induce
II to take sucn hasty action. lie did not know OF the
existence ~ anything that made II necessary. There
must be something else tsarcasticdll,)
Judge Standardization would lie much more
likely 10 discover that n you were on the other side
Uaughter.l
Mr.. Pierrepont again repeated his request that the
Court would place the property IN safe hands.
Judge sutherland said thar nothing could relieve
him from placing iAls property where az could be