New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-12-11
THE ERIE VAR

Plight FOR AN ADJOURNMENT-THE PAPERS
READ BUT THE ARGUMENT DEFERRED
SICKNESS or JUDGE DAYIEs-sCENES IN THE
SUPREME COURT (CHAMBERs) BEFORE JUDGE
CARDOZO.
Belmont and others agt The Erie Railway
and Others Mcintosh agt. The Same and Belmont and
others.-Thursday having been set down for the argu
ment Of all the motions ia Erie, pending IN Cham
bers the usual large attendance Of counsel present
Messrs vanderpoel, BuTi Ira shaier, d. d. Field, ID.
Field and Z. w. stoughton, for the defendans, and
Messrs. Rapao, PerrepOnt, Brown. Eaton. and Judge
Emmett on the other side The Receiver, Judge Henry
f. Davies there but looking quite Ill., aud hs cOun
sell Judge Noah Davis was absent but was represented
The case having been called Judge Davies appeared
and said that he had been confined TO his house FOR
era days ana Sa g Pc s, n So te ssd e 10 e @
any response his counsel he stated was absent from the
city and under the circumstances, he wOnld ask the
Court TO let this matter stand until Monday
Judge Cardozo-l this the same matter that was De
Judge DAvies-Yes, Sir do not understand that the
counsel on the other side desire to press IT, am not Of
10 sit IN court, and that, under the crcum
stances your Honor will not insist upon going on
Mr.. stoughtOn, one OF the Counsel for the defend
ants In the Belmont suit said tits very disagreeble
duty 10 suggest going on ia the face the illness OF tho
learned gentleman who has applied Tor postpOnement
J. personally IN this situaton yesterday received
letter from Washington from Judge Curtis who is in
/ am to argue on Tuesday morning. which would
Now this motion should be heard very cary my absence
will consume, probably the entire week II is impossible
motion for posponement for 10 y days TO come,
which will be the effect of IT, as relied upon to assist
has OF interest whatever In this
versy II this order falls the Receiver falls with ~ we
whether the order stands or falls, IN legal equitable
simply yourself. OF course IN the administration OF
justice II is quite mmateral to your Honor whether this
Sc m tS shS: Of q osS S
law Of the land with administering and running the road
clreumstspces If we could wait Without great hazard
the interests voved. until Monday that ght posi-
motion must go GU without any assistance could rem,
der. and which, with good deal of labor, have strug
Judge Cardozo-How long would tprobably require to
read the papers both sides except those which Judge
Mr.. stoughton-we can finish the papers to-day on
| both sides without difficulty
Mr.. O'GOrman counsel for the Receiver said : Late
last evening, received communication from the Re
esveI IN TINS case stating That he Yesterday received
was informed that since last week he had
joirnment His Counsel Noah Davis, is prevented from
attending to-day by stress Of weather Now the question
comes up whether proper 10 adudcate the mat
Ter without hearing the argument The learned counsel
MT stoaghton mas performed duty which believe to
be painful TO himself, In pressing this aTgu-
ment but there can be argument unless both sides
are heard, and am your Honor and the
decided OF course the Receiver has no personal
IN the conclusion OF the moton bat he has ghts
OGorman thought that, with 80 many men OF ability as
COUNSEL or Me other side they would not suffer serious
Mr.. Emott-sald he supposed the Court vas satl.Aed
sa te proper course to hear that should
be sao on tue merits at once. He stated that the af
davis served upon Judge Davies yesterday were the
same which, IN their original order To show Sanse ,aS
asked leave 10 Tead GU this OCCASION and were served
with notice that they would DO read ii the meriis o
the motion were TO be entered into these were nj
Importance he ad supposed the first IN he de-
termined was whether reheariDg should take place
Judge CardOzQ-lf the motion for a re.hesrlnS wore
granted would occupy the time of the court Twice
| The motions were ordered together NV WV
Mr. EnOttWe understand the motion was for osyo o.
read these numerous and important papers nnon ~,
reargunent and II supposed we should have onnor
tnnity that OCCASION without being compelled 10
the allegations those papers contained
Judge CsrdOzO-I would not enter upon separat,
argument
Mr. EmOttThat il in control Of the Court. With refer
10 the position Of the Receiver would say that
officer Of the Court apprehend he Is In the protection
OF the Court and entitled " be heard and In tho absenc
- fudge Davis your Honor should have hesltatoB