The New York herald., 1871-09-13
The GREAT INJUNCTION CASE.
A Short, Uninteresting Session and an
Adjournment Till To-Day.
The Tweed Affidavit To Be Read
This Morning.
A Spicy Legal Contest An
ticipated.

The proceedings IN the great Injunction case
against the city offlcias, which so occupies-wlth
other constantly arising incentives to increased
sensation as connected therewitn-the public at
iention was up again yesterday in Supreme Court
Chambers before Judge Barnard. The court room
was not SO crowded as on the previous day, but
along the passages and on the different landings
ana staircases there were enough Of curious and in
deed, excited people to have made up much larger
audience than even on the previous day succeeded
In eking out standing and sitting place in the court
At eleven O'Clock Corporation Counsel O'Gorman
and the other array Of counsel put In an appear
ance, and having arranged their papers set to the
severe work OF the day, After little OF the usual
palaver among counsel, Mr.. OGorman, seemingly
quietng the nerves Of the fdgetry and excita-
bic OF the counsel Tor the Corporation rose and read
THE AFrlDAvITs.
First, of Mr.. Charles +. Wilbour, who denies that
The Transcript Association or the New York PRINT
ing Company numbers now among Its list OF stock
holders either Mr. Tweed or Mr. Hall or Mr.. Con.
molly; but says that Mr.. Tweed ha1 stock in the
Printing Company previous to 1870.
Next, an afIldavit OF Archibald McLachlan, Presl-
dent Of the Stationcrs' Company, was read, making
q similar statement. emphatically denying that
Aessrs. Tweed, Hall ana Connolly were interested
In the Stationers' Company.
Richard A. Storrs, Deputy Comptroller, also makes
Afndavit regarding the collection OF the taxes, &C.
Having read these affldavits Mr.. O'Gorman gave
way to the Comptroller's counsel.
COMPTROLLER CONNOLLY's AFFIDAVIT
was then read by Mr. Beach, the substance OF which,
with the others, has been already published in the
HERALD.
When Mr.. Beach nad concluded the reading OF
Mr.. COnnollys aidavlt he stated that owing to the
pare any further papers on behalf o. Mr.. Tweed.
MR. TwBED's POSITION EXPLAINED
After the conclusion Of the reading of the a1ldavt
Mr.. Bartlett said:-Y0ur Honor copy OF the COM
plant in the was first furnished me yesterday
morning IN Court ana fnd on examining
the order, that as far as 1t Affects Mr.
Tweed 1t Is simply command to perform GER
tain oflcial duties which he was performing as
faithfully and sedulously then and is now, as before
the order was made. SO far as can see, there
FORE It Is as unimportant TO HIM whether the order
stand or fall as II II was an order that he should
ray hts daily prayers-Qaughter)- that from
the very existence OF an order against him an in
ference might be drawn that he had been derclict
I'D The performance OF any Of his public duties. In
point OF practice the order is that legal monstrosity
mandamus under the name Of an Injunction, and
II 1s more remarkable that an order 80 at variance
with correct practice In eqnity should ap.
pear under the hands OF such able legal
gentlemen as the counsel on the other
bide. There are charges IN the complaint
against Nj. Tweed, some frivolous and some grave
but all or them utterly untrue, and he win meet
them by full and clear denial. Our papers are
already in the hands Of the printers, and Will be
ready tomorrow morning Your Honor sees we
have Improved to the utmost the short tune allowed
ue.
Judge BARNARD-I presume from that you are not
ready to 20 on. What do you say, Mr.. l'arrett9
Mr.. OGORMAN 10 counsel for the plaintiffs)-What
have you to say'
Mr.. BARRErT-we have nothing to say, but that
We did not accuse Mr.. Tweed Of any Sins Of omis.
SION. (Laughter.)
Mr.. O'GoRMAN-Under the circumstances think
the Court peases it might be well to postpone the
case over Til tomorrow. Counsel would, PERHAPS,
IKE some time TO examine the v0luminOus afldavits
that have been read In the case. would suggest,
merely as matter of convenience, that this would
be the better course.
Mr. BEACH counsel for Mr.. Connolly)-My presence
In this case Is very unexpected. l have some old
cases coming on In the Saratoga Circuit and 1t
would be gratifying to me II some arrangement
were made to discharge me from connection with
the argument after tomorrow.
Judge BARNARD-Do You, Mr. Beach, propose
making any observations to the Court the subject
Or the allegations against your clientY
Mr.. BEACu-Certalnly, Your Honor with the per-
mission Of The Court.
The CoURr-how. long win it take you to read
Jour papers?
Mr.. BEAcn-But short time, Your Honor.
MIR. BARaETr-We suppose, Your Honor, that we
arc the moving party; we have the closing reply.
think there can be no exception TO that
MIR. O'GORMAN--That Is a matter Of practice which
at tins moment desire the guidance OF the Court
LpfI harm oh,
cause We must be regarded as the moving party.
Judge BARNARD ito Mr.. Barrett)-Tne practice Is
not here as 1t was IN tho Common Pleas when you
were on the bench OF that Court. Here, when you
obtain an order to show cause you have the open
ing, and the defendant is called upon to defend him.
self In open court. You have already been heard
by your application. II you wish, Will put or the
argument for a week or ten days.
Mr. BEACH hoped that the order of practice would
not prevail III this as 1t would put him In an un.
fortunate prcdicament The suggestion OF oppos-
ing would be even more satisfactory so far as the
views OF counsel for the plantns with regard TO the
conduct oil the case were concerned. lie knew
ipg them. There had been no opening OF the case as
iar as his client was concerned, and he therefore
na ner LIS nonor @ %oua nas 10
called upon TO answer them.
.. MI bAnhEIT-I shouid not presume, your hono or,
Pleas upon tina! OF the Supreme Court l shall
eCCG0c 10 rule Oh the Court mere, bug IL how
ever, necessary for us TO know, IL Is incumbent
on the other side TO Inform US what position they
intend 10 take IN this matter. Let Mr.. Beach pro-
ceed with MS argument tomorrow after the reading
OF The afidavlts. and we VIII commence Immed-
ately after Oh our side or as soon after the papers
10 be furnished, which are very volumnous, can be
read.
Judge BARNARD-To accommodate you. gentle
msh. the papers are volumin0uS and yOu re-
gure time to look them over, why not postpone the
case for week or ten davsS l am willing TO ac.
c0mniedate you, gentlemen.
Mr.. BEAcH-Your Honor with great respect, ! do
not tnnk the appncauon on an original eI pare
application for the Injunction Is to be cOnsldered
the Openlng OF the discussion on the part Of the
plaintiffs. Ne have no indication whatever from
The Lapers what their course OF argument IN sup
port VIII be. u upon this, a new motion Tor the