The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-06-23
SUPREME COuRr-CAsMBEss.
Coed Reason Cor Not Discharging Grim.
innIs--Judge Barnard No "Jackass.v

Before Judge Barnard
IN re Pdrics Francis Doiutelly.-The distin-
gushed individual who bears this euphonious ana
high-soundmg cognomen Is reputed to be q retired
Iron merchant, whom rumor says made his money
flor he evidently has money! by dealing in old iron.
or late he has cut prominent figure In all places OF
amusement, dressed In rather singular costume,
which generally consisted OF blue dress coat with
brass buttons, ilash-cOiored vest and two naming
necRtles, one green aud the other scarlet His
foiDe FOR theatricals proved his ruin; for
one evening during the performance OF the
'Red Light" at Walacks he, occupying
seat In the parquet, commenced waving his hand
kerchef 10 the lady actors, and thereby attracted
The attention OF the audience. He was elected and
arrested as a nuisance, and was conveyed TO the
Central 0ffce, where he was locked up. During his
incarceration he played some practical jokes. such
as cutting the water pipe ai'l nearly rrownlng nm
sell On being brought up before Justice bowling
at the Tombs, nexG'mofning he was committed as y
pubic nuisance, his oer TO give ban Tor future good
behavior belDg refused. Yesterday ne was brought
mp on writ OF haDeas corpus and his release, on
giving sufficient bail, was demanded Judge Bar
nara denied the Application, as he dd also ~ another
case OF vagrant, remlrking, az the same une that
u no did some - jacSass wonld put y m me
paper mat was letting men out OF the state frlsoh
Another Alleged ssiErie Conspiracy.7
4 NgSe u.s. The Erie RaR'rdy Company Cd al.-It is
claimed behalf OF the plaintiY in this action that
HE defendants with the intention OF conspiring to
obtain control OF the Erie Railway, are having six
million dollars worth OF Erie stock transferred on
she company's books 10 the names OF Heath and
Raphael. Judge Carlozo had granted temporary
Injunction forhidding tots transfer. Meanwhile the
STOCK was offered to the company for registration,
and on this the plaintiff moved yesterday FOR an IN
Junction TO prevent this registratfon anu TO punish
the defendants Tor contempt In attempting to have
The stock registered The Court denied boh the IN
junction and the motion to punish for contempt,
ho.ding that registration was quite separate Irom
transfer. and that the injunction OF Judge CardoZo
answered the purposes OF the defendants.
The Black Friday Suits.
JOslyn ana Others rs FISK dlld Otsrs.-0n a GER
tain Friday in last september, known BLACK Fri
day. the Gold Exchange Bank had to stop deliver
ing gold owing to the press OF business. In conse-
quence of this the gold market became much con-
fused and the sudden rise and still sudden fall
OF gold that day added TO the confusion. Several
transactions III which Messrs. Fisk and Gould and
Others were engaged were repudiated oy them
"a the Common Pleas Court and eleven
@ e e ne other M fs a Ms a
all the suits he transferred to the Supreme Court
claiming that the same legal issues are IN al me
cases and arguing that il is right that they should
al be removed TO the Supreme Conrt. Counsel FOR
the plaintiffs argues that they are by no means
parallel cas- As and that many OF them differ In I'M
portant points from each other. He urges the Court
10 use Inc power carefully. and claims it l. not
proper 10 have them transferred from the courts
where they were instituted. The money involved Ia
all the cases amounts TO over Si,0oo0o0.
Notion for Transfer of Important Salts.
Orlando ". Josiys James FISH, m, ana CU
os, am Fifteen oNsr caagSsfss Agatn9 ne Sage
D21egqdntSh--ihts was motion on behalf OF the
defendants 10 transfer into the supreme Court, I'M
der section thirty-three OF tile Code, ten actions
pending in the Superior Court and six pending
III the Common Pleas, involving together about
81 900 00o on the ground that by such removal
conflict OF decisions the same facts and similar
points Of law would be thereby avoided, there being
ALREADY i've other cases OF substantially the same
character pending IN the Supreme Court, decision
in one OF winch would be binding in ALL III case OF
removal.
The motion was resisted on the ground that no
power existed in the Supreme Court to transfer into
self canses pending in either the Superior Court or
the Court Of Common Pieae, arbitrarily or TO satisfy
any wnim, caprice or preferences of any litgant and
that section thirtythree, on which The DEFENDANTS re-
led related o an entirely different matter-to wit,
10 the removal of a cause INTO the Supreme Court
when il became necessary aud proper 10 change che
place OF Trial from within the city OF New
,ESJYrss, 70 which the jurisdiction OF the
Superior Court and the common Pleas IS limited,
INTO some other county w.hn Tie SIale; lnaI tnefe
being no power The local courts to travel INTO an
other county, 10 there try the cause or To send 1t
there for trial the code provides that the cause may
for the purpose or change oil trial TO another county,
be removed into the supreme Court, which mas
Iower to change the venue: that no re-
Quest Is H1Sle in these causes 10 change
the place of rrial, aud 10 pretehce
made nat any such charge IS necessary reven de-
sired; that grant the motion would be clear ex-
cess by this court 81 It's powers: would II made
practice, be an abolition OF tue other courts; and can
but lead TO conflict between them and renewal Of
the disgraceful proceedings which We're witnessed
when similar Attempts were made to GUST the Sn-
prene Court Itself II luri dlction by the transfer OF
Its own causes TO the United states courts.