The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-24
TIRE D00llTTLE R :AENcE SCANDAL.
Motion for a Rehearing Of the Motion to Set
Aaiie the Referees Rsport-Tae Counsel at
Daggers Drawn-Dialogu, Between The
Judge and the Counsel-A Drawn Fight.

| Yesterday morning the Doohtte reference case
revived In Part OF the Superior Court, before
| Judge Spencer by Mr.. Eldridge, who moved for
leave to renew the motion to set ASIDE the report
presented by Mr.. Doolttle referee in the Of
| Gray against Fisk, Jr.
COMMENTS or COUNSEL.
In commencing the proceedings Mr.. Eldrdge
| said:-I ask 10 have this order which your Honor
made amended in TWO respects, that i to their
| reciling the supplementary affidavit which sent
| your Honor. and whchI sent tue other side notice
| OF, or to recite that which was presented and
offered, publicly read and refui el, aud then ask
that may be allowed to renew this motion on pay
ment of the costs OF this motion. l state TO your
Honor that ] think 1t win probably be profitable
and well for this Court that this motion to renew
should be granted
COUNSEL ON TIE OTHER SIDE.
Mr.. Dudley Field who had sat with his back TO
his opponent, not deignins 10 bestow a look upon
him, now rose, ana. addressing the Court said:-'l
am entitled to hear The grounds OF the motion OF
counsel before answer"
A FRANK JUDICIAL ADMISSION.
The Court-There an aldavi5 sent to me by
Mr.. EarIdgc, which did not read. l sent letter
to you 10 say would not read 1t. PERHAPS / was
wrong In refusing 10 read II, ANA VIII let hsm have
the beDeht OF it.
Mr.. Eldridge-I did not get any letter from your
Honor.
The Court sent letter to you and also to Mr..
Field. Did you receive one, Mr. Field?
Mr.. Fied--No, SIR.
The Court-Well, wrote Inc to each OF You. It
is possible the letters were never maned and are
lying among my papers at home Mir. Eldridge
wrote me- sending that affidavit, enclosing letter
which he mad sent 10 MI. Field on he subject; then
Mr.. Field sent letIer, enclosing he wrote to
Mr.. Eldrdge The subject. Then returned notes
III reply-eXact coun-erparts-to each. saying thai
had not real the alldavi. and shou III NOT read IT,
Taen afterwards Mr.. Fled came Into court. and
thou. ht he had gotmy letter. but 1t he had not
received It, l stated then, III open court, would
not read that AFFIDAVIT. There has been already
more public scandal In the pubic prints than liked
to with reference to this The referee has
been held up TO the judgment OF the public, anu
now you will make it nine days scandal again.
COUNSEL ON HIS DIGNITY.
Mr.. Eldridge-Now the case is under considera.
ton, WIN state that there are facts connected With
the case tlat could not re: 10 your Honor's ears
Yon think the JUDGMENT too sacred 20 allow Of the
facts, the sacred facts. which brought it about being
stared IN the face. Perhaps 1T Is matter OF policy
with your Honor
The Court-You can MAKE q motion for rehear-
ing before the Special Term OF the Superior Court.
when any ju6ge sitting in that branch OF the court
VIII give yod order against Mr.. Fields compel
HIM to show cause why the motion should nor be
reopened.
say that can make motion for a renearing
Mr.. Fields twarmy,-l nope your Honor wiz not
A QUESTION OF PUBLIC Foley.
The Court--fou don't want anv such order. Go
to Special Term and ask for order 10 show cause
why he hearing snou.d not be reopened, and you
can MAKE tho other moI ION al the same time, II you
think IL q matter OF pubic policy.
Mr. u lrlge-l have some doubts about the pub
lie policy IN the matter.
The Court-We.l, that is left to your own discre-
ton.
COURT AND COUNSEL AGAIN.
Mr.. Elllil cit has b en- clrcutated that your
Honor made some remarks 10 the eject that ought
MOI TO have brought this motion.
The Court an sure made no such remark. Ii
| made any remark about IL IL was 10
EXPRESS Ix SORROW
thas the case had been hrought into court. ] re-
framed from writing any opinion saying anything
from The bench 10 indicate any private views the
! SUBJECT. 1 decided the question its merits ON
| lie papers Deiorc me.
/ Mr.. Eie.d-I heard no such remark from your
Honor. Now, II ne counsel wants TO an order
| entered suggest that II be drawn by him now on
/ The SPOT.
I Alter some further
CROSS FIRING
the Court gave an Ordef permitting the motion for
renearng 10 he made at SPECIAL Terms. when the
contending counsel lett the Court House by different
avenues seemingly anxious To avoid conflict out
side the court, alter the little brush inside.