New-York tribune., 1869-06-08
THE COURTS.
sEvENru AssIsrANT ALDERMANIC DIsTRIcT.

SEVENTH ASSISTANT ALDERMANIC DISTRICT
The People ex rel. j. +. Nc VeGny and Peter
Ctin-supreme Court, Circuit Mullen, Jihs ntner ts S
In the December election OF last year Mr. McNeay
really eecro. whether as the certheates appaienuy
show, Mr.. Peter Culkin really received we ti ayi
The case has already been several times set LOT a anu
Mr. snya5 counsel for defendant asked that the
case GO over he had not expected Court TINS morning.
ho conse0ueuty was unprepared. The case was
one which would involve the eNalnlhateu Vi al ~
ns To whether the Court cOald hear this case and
whether the decision OF the Board OF CanvasserS was o
Term, that IL be put oil week TO enable MN
Nr. spercer opposed He had no suspicion Of Mr. Sui
lvans motives that he had fully believed all that
case Nr. McVeany elected but for year. Five
months Of that year had already passed. Every addi-
tional day Of delay was an irreparabe injury 10 the
plaintiff; IL day gone II absolute gain to
the defendant As TO the law questions they had already
been passed on by two Judges On motions. AS TO the
VaSSers they had examined them in three hours 1t
coud not take much longer to examine them
here. The canvassers Of two election districts
had made out aud signed their reports and placed them
and trousfrTred 70 the defendant;s acconut The
easres were so clumsy that without his speotacles his
Honor could them. Then there the oilgipSi
tmrus TO the Metropotan Police which showed the alter
alton. The simple examination Of these witnesses Wis Fts
not take long The questions would be short 70 .io
and the answers also III this were put over eXtIleGS
warned Gm 10 believe that stay OF PROCEEDINGS would
DC served before the again came o Ionnr had
would lie put over October HIS H3nUo hpe hSo Se
could scarcely know the po"5taa,,rGnnt T eyeTcsed
AZ for the adavts on this application they were Worla
nothing Mr.. Sulnvans were Ohy on IL tt W @ tb be
belief The certificate of the DeputySheIin was tSt az, m
had not found the Witnesses The cerher was one OF e
defendants witnesses, anu ponueal Irleiu U I1 ~ u
PENDANTS His certhcate gave no Sn 60
he received the suOpeuas nor What SnoIls ne aue 70
serve them The only ng ne &c eerS r was as 9 VSuS IScS ye
ture 10 say could be found IN an hour WITHIN nan an
hour one had been seen by the plaintiff Tins was the
seventh they had been brought before the court
His client not rich man. He' couId not aHord tne
expenses Of many adjournments. The case was
really more important to the public than nm,
for the real question here was whether the elections
fbe expcnses and anxiees OF canvass might be still
posed and defeated by the frauds OF the managers o
resort TO Tie Courts Whether in fact the pace of
YustCe could Oycrtake efectuay the swift pace OF po
dII s i1aaG 1ts 80 - w s gsS'tS ss E = ~
Mr. sullivan replied that the question before Judge
CleTkc which Mr. Spencer relied was not decided Oh
substitute demurrer for an answer. Judge CleTke had
SIMPLY decided that that motion too late. AS to the
IreS6i motion TIE defendant had not been able to get
OgetIeT and thathe thOughtwas suclent
ground Tor S1qIt rosp0nemesnIst 81 80, .,o, ~ s,t,,,or
had shown any sufficient effort 70 get his witness TO e-
him from the change OF delay but as in many otIet
had not been supposed that there would be any Court this
must rot be made exception. He would certainly
nut off At tie time he thought that as II was
not certain he would for than the present wee
he unwilling 10 set down case WlCh might DC pro
tracted beyond the week for any day He would rather
set il down for EeXt Monday. -
r spencer said that for his client he desired 1t should
DO as soon as possible. II Mr. Sullivan. in whom he
trusted would say il should 20 Oh next Monday, lie
would make no objection.
Mr. Sullivan said he could only if hs clients inter.
required trial next Monday lie would be perfectly
willing TO Try IT,
Mr Spencer rctorted that Mr. Cukn's nterst required
that the should not be tried before 1870 MeanWe
If the Court determined TO pOstpOneJ 1t should only
be payment Of the costs Of the day
The Court then adjourned to Monday next on payment
by the defendant Of the costs OF the day