New-York tribune., 1870-01-06
THE COURTS.
TIE susouEHANNA RAILROAD CASE.

Notice has been given in the Susquehanna case Of
motion at Albion, in the County of Orleans, for the
Goth instant to vacate the late judgment of Judge f..
Darwin Smith in the Susquehanna Railroad case
There are quite a number of papers on which the
motion is to be made. The following are among
them one, a statement by Gen. Martindale, and the
other by the Deputy Attorney General. Gen. Mar
tindales is as follows:
In the morning Of Thursday tho 3Oth, received
intelligence that the opinion Of Judge Smith finished
and would appear in The Democrat Friday morning
went immediately to his Office and not finding him there
sought and found him at his house. He then told me
that he had not disclosed his findings and had declined
to do until O'Clock in the afternoon when it would be
communicated TO the Associated Press NewYork, but
could not be made known here until morning. that lie
had adopted that course to avoid al cause OF dssasfac
tOn and 70 communicate publicly all the world
the same time" l then told HIM that presumed he
would give the parties opportunity TO be heard in the set
tement Of the findings of fact and law that adyant
could be taken by the successful party IN the entry
and execution Of Judgment 10 fOresta an appeal
He said distinctly that he should adopt that
SAID that had been requested TO appeal the
decision should be against u.s. and that the other side
ought 10 have the same opportunity II the decision
should he TO them that would be unbecOming
party the opportunity OF entering snap Judgment as
might be done if he had found IN favor Of either Board
new election, because then would be indispensable TO
take time in settling facts and law for the decree To
this he assened and repeated that both parties would
have opportunity to attend the settlement Of facts
hen dshed nm % cgs at hDery 70 tlegrGPh 70 yon
there objection TO that and then added might
telegraph That there would notice OF the settlement.
let nm, ana on my way 10 my ONCE met McFarland
(whO appeared I'm the on the trial against u.s. told
toa settlement OF theiacts was detained III my once for
time, and then went TO the telegraph Office and sent
the message OF that date, TO which you refer. =
This conversation led me TO infer that new election
would be ordered. Early IN the morning OF Friday the
3ls read the opinion, and found that was in
my conjecture. Immediately after reaching my once
repaired to the Judges Office adjoining the state Library
in the Courthouse; heard that he in but knock
ing at the door found it locked; l ratified at the
door, when ne came ana opened IL hHey
Henry SMITH in the Judges chair The Judge came out
and closed the door behind him, and then said that
had read his decision, 9Ha iAG 2f9T%e6 Andlhat
he did not know that We had a9yilns 70 90 MIN sno
settlement OF the facts reminded him OF MS CONVERSE
rion the day before, and SAID that we had a. 1G &
that settlement as ihe other de ana alueu 'nt
as he had opened his door could not hep seeing the
counsel Of the other side in his he SAID they we're
there engaged in setting the acls ana huuhEs
ably TO his decision. told him that We wished 70 ap
necessary TO enable us TO do So that would prepare
anidavit and apply for stay in entering Judgment or
and stay tho proceedings He told me TO prepare the
affidavit l asked him to name an hour when should
Immediately my Office ana drafted an ahdaylt' ana;
without waiting to yeniy IT, returned 10 us once; to
ofce and in about one hour had attempted to prepare
an undertaking and notice OF appeal Ae nAle
thus engaged looking out OF the window saw judge
% sii az ~ ,9eet linn shortly after al his Office went
there with nv affidavit; found Moak and Mcfarland
] "a fIe addayit and presented it, and explained TO
him the necessity OF giving INC time TO SEQ tHe
jIdgment and TO communicate with YOU 50 that
an appeal eIUu DC d for Says The anpication
WAS strongly resisted. asked for "a hours Inc JuuSe
said he would give it, but Moak 6eSough him not to do
it lie said the findings were ready for sig
nature he should sign them; that an appeal w9u ue
feat his judgments that could not be disposed OF before
tbe next election OF Directors in September; hat ne
should give opportunity appeal and stay tne proceed
ings ho would suuy himself that an appeal would be
f1roIOis: nat Il udS O,ty intended 10 ruin ne COnpdB
tnat II had been deliberately adludged by MN alel
ful examination; that the Ramsey Board were ehtted
10 their Offices that could not SET asuc thaI JUG
ment.
Here is Mr. Hammond's statement:
lam Deputy Attorney General of the State Of New
York observed as was passing up the street on my
way TO the residence Of Mr. Banks the Receiver at about
70 IN on the st instant Mr. Hale OF counsel for Ramsey
and associates in consultation with Judge Peckham on
the sidewalk Mr. H. soon after passed on IN carriage
and on reaching Mr.. Banks's house found Hale there
Mr. Banks then Informed me that he nad Just Deeh served
with an order 10 snow cause before Judge T. (oTWsW
bv ne should not surrender all the property, &c OF A.
and $ r. K Coz and particularly the key to the SAFE az te
same time his counsel handed to me the papers. IS oD,
had been made with pencil remonstrated WIN pr.
nae agsr iidn eheriiy since the rendering OF the
decision OF Mr. Justice Smith, and particularly that no
notice had been the Attorney or any o
the other attorneys IN the action. then appeared
before Judge f. with the Receiver and his counsel MI
Hale then proceeded TO state the contents OF e paes
ON which the order had been granted. Ile RecelVerh
counsel then read affidavit stating in detail the sew
eral orders and papers which had been serVed ou n
40 then protested against ali the proceedings on be-
half Of the plaintiffs In the cause on the ground among
Others that service whatever OF any papers nau Dee
made on the or any other OF te atto
news who had appeared in the action ana asked or ana
insisted upon short adjournment even for one day, IN
order that the and other papers which had Deen
served on the Receiver might be examined by inc Att9r
and the other attorneys the action. Mr.
Hale thereupOn piled That he did not care anything
about the Attorney General" further protested and
argued against the granting OF the proposed order;
Judge r. thereupon declined postpone the case, and
vraned the order. WhereupOn left the presence, IL
being announced that counsel and the Judge would
arrange the details OF the order.i
The last paper is a certificate as follows;
We hereby certify that we have examined the opinion
l. nary. n
our Judgment s In every material part erroneOus'
either in fact or In law. - ,,,
JOHN Ill. MARTSDALEI DAVID DUDLEl lLLD'
GEORGE &. BARRETT, AhAsA j. fAIuthh'
January 0, 1870.
SUPREME COURT-GLNERAL TERM.
Before Ingrahan, r. D.; Barnard and Brddy