The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-04

fof Che government and ABOUT 20 argue the case,
wien the Judge decided irst TO ascertain the quah-
cation Of the Juror referred 10.
supHEmE c0JaT-caaEoEE.
THE Erie Muadie--J ulse Sutherland Swings
aics III the Judiciary.
Before Judge Sutherland.
BelS,toid Us. m Erie Ray,cdY Company and on
ers.Yesieray morning this came up before this
court on the hearing Of the argument on Judge
Sutheriaads order requiring the defendants TO show
why OF Judge Carlozo's orders should not
be vacated. On behalf Of the plaintiffs Mcssrs Au-
.qstus G. Brown, Charles A. EapaliO Edwards
Pierrepont. ). l.. NJ. carlow and other gentle
men appeared counsel and the defend
ants were represented by David Dudley
Field, A. J. Sanderpoe and 4. Shearinan.
I'm shafer who has not yet appeared in the pro
ceedmps OF the present Litigation, but who was
prumiacnt in the proceedings OF las year OH Dehai
VI ere l4lie al rcctors, was also III attendance aud
watched inc case wsth an interest which Indicated
that ~ the event Oi certain contingencies lie was pre-
pared 10 enter the lists. Altogether big fgnt was
anticipated but It rs not expected That tue nghting
was 10 be on the new Line which VAS subsequently
adopted.
M. .Irown rose and stated that iu the matter nov
before the court. so az AZ .c could learn The motion
argued before Judge CardoZo yesterday, and on
wB.cn That Justlce lad stated le would render de-
C.sUn to-day, had noI yet been decide Ihe stay
might therefore SENSE he considered rs silli
lis existence and r!e piandrs were Sill proessediy
stayed by that order. lie therefore suggested a
further adjournment until to-day.
Judge sutherland asked for a copy OF Judge Car
dozos rder made yesterday anu alter looking nj
remark ed that his fudge sutherland y regularly as
sigued term at chambers would expire On Saturday
evening. lie did not think there was any use OF a.
posponeDent, and Thought It proper, IN view oil the
proCc edinps In this case ana the interest attached 70
II, 10 say what he was going 10 say, witch was
Drcly this-He had not The least doubt no was fully
justified under the circumstances Ia making the two
orders &c had done, and which were returnAbe yes
terday II he were 70 give the Whole history o. me
stituted. and The orders made to prevent him from
hearing the motion initiated by his order 70 SHOW
cause why u receiver should not DC appointed,
| i. iuight be considered an argument al
| dressed. 10 the public, which perhaps ought
! not to be addressed, and properly SO at TINS
| place. But he would not do So because the counsel
| were perfectly aware OH both sides VI what had DC
Cured aad ior this reason he thought IL might DO
place 20 give thai history aud, In addit'on it
would net DO pertinent 70 what nc was about To sug-
| however. say tis which he thought PERTINENT:
lie Thought he was fully justified IN granting those
which they were granted. They knew the anu
regulations OF this court, the assignment or the
Judges 10 the various branches aud the programme
oil the ordinary judicial business ana duties OF this
district, which was fixed more than year ago
nv tue judges OF this district. counsel knew
also that he Judge cutheriand was the judge
assigned BY nis associates Of ts DISTRICT 70 hold lne
Chambers aud do It's business at special Term other
than hearing enumerated motions. iom ana llcluu-
ing the lrst Monday Of November. 1863 10 the irst
Monday oil December, 1868. fhe aprl cation made
TO him for the orders Ia the Beiinonl suit 10Y nIuac.
ton and order 10 snow cause why receiver srouid
appointed was made ~ hii1 uuring ths terln
and while nc he'd tais court. All these things were
well known TO The bar aud the sutOra who nave oc-
castor 10 gnow OF tue programme OF tnc courts
business and asssnments, IA which was Contained
this regt.ation:-
judge assigned u mold that b-anch vi the
court.
The application In the case OF Belmont made
10 nm while holding Chambers, aud he mad On mat
Application read the papers, which We're very voiu-
mIous, AMI carefully examined them, and he
tnongilt they made clear case, both iof injunction
and ior order 10 snow cause why receiver sh0ud
NOT nc appointed. 10 made Shat order on tho lctn,
no Thought reurfablc On the sd Of November fol-
i loving. fic heard tue MOTIONS and decided thea
boI. aud IL was unnecessary 10 go over the MARIA
i've OF the proceedings prior to AMI SINCE that lime,
10 prevent him rom Nearing tlIe motions or making
4 .Do order appointing the receiver, whoh nab Detii
taken. ana 70 make The order appointing me receiver
ineecfc.ii. lie would assume that those Interested
were auncicntiy aware 0f me iaciS and Thought hc
was sincere when no sad that he was fur,
! instIiied when he made tnose orders returnabe
\ Yesterday. lie had not the order made 10y his
associate which was intended 10 operate A. stay VI
Iris motion. He understood, however, tnai ~ was
/ simply m order made without service ~ papers,
and thought that, had "a. - motions oeeh brought or
yesterday before him. without counsel soiug beiorc
Judge Car.1zu 20 answer bis order, nc t,utnerianii
Wouid nave baeu jisilied eiJncr IN nsrcIardng the
order or yacaing 1t. either ON application OF coun-
sci or on ais ts,uiLerand'sl own inodoD. That now.
! ever was not now the question lie understood
thar this order was served early on the morning o.
| I,ecef1per and made rrturpaDe at ten O'Clock
| the same day. me motions were 10 come
| before him at eleven O'clock. ne aiso unuci-
| stood that counsel Oh ootn sldes weu1 ue-
| ton of the regularity ~ this order, and
the power to grant H. and submitted 10 that Judge
mat point Tor s aeesl2 ,s,n,p IN tb - sn
| BY going before Judge cardozo and arguing that
question in the way they DID, had comproIs Ell tnelr
rights so that they could not make TINS motion be-
fore him tsutneriandl, and had compromised ms
power aud right 30 ina, ne como not sacass lais
therefore that these orders 10 show cause, return
| ablc YESTERDAY should stand over to await Judge
Cardozos decision nc was perfectly Iree 70 protect
Judge Cariozn in his rights, anu he Thought that the
counsel having submitted the decision OF this ques-
ton 10 him, ne Judge sutaerlnndl should protect
Judge Cardoyo ID iia right 10 decide ".
Mr.. Brown said he understood Judge Cardozo was
TO decide that motion to-day.
Judge sutherland said his time 10 hold Chambers
was now very short ana the pi3inii1s counsel
might ses the cases down for tomorrow next day
Judge Carlozo would succeed him a. Chambers, and
n t was continued I'LL Monday itcould come up tnen
ar. piefrcpons said n his Honor would look at
! Judge Cardozo's order he would see tnat 1t was
granted Yesterday morning aud made rcturnabie at
Ten O'Clock inc same morning. What could counsel
90 under those circumstancas, u being returnabe
one hour before Judge 3utncrianPs unless they sub
Judge sutherland said he was not making any
Charges against counsel IN that respect.
n was then ordered That the motions be again
called up a. ten minutes before twelve O'Clock
Tho Larisin Hoinicidc.
IN me Natter or Hugt CusaDbel, Jola Be,ri9an
ana ann Hines--Judge Sutherland yesterday
granted writ OF habeas corpus directed TO the
den OF the Tou,bs. requiring him 10 show cause for
the detention Of the parties above named
The prisoners are hold on the commitment OF
| Coroner Flynn for the murder IN an oyster saloon
last week OF Felix arkin, and tho petition sets out
| that they orc Illegally detained
The wis IL returnablo on Monday next
COUNT cAlEs1y--THS DT
Il