New-York tribune., 1871-09-12

Though may say, after nearing wnat ne mas nhu
to say. that | might think differently. From the
remarks he has made before your Honor. he may
we'll have thought that he was coming to town
tives of this prosecution without himself being in
readiness to say anything ON behalf OF tho defend
ant for whom he appears. II the complaint other
papers served upon him were technically defective
in consequence of clerical error or ayS other cause
he might have ascertaned the facts OF this preecu-
character in this city-for the complaint was pub,
lshcd in all-in what manner the facts dliered iro
those stated in the copy served on him 30 .ss
Mr. BARTLETT have not had all opportunity 10 eee
Ex-Judge Barrett-I do not think that we ought to
60 into the motives of this prosecution without AZ all
events stating in answer to it simple and broad
denial There nothing in this case t9 aiteT IL from
an ordinary case between A. B ana y: -. nc Sti,py
cndeayOrcd to state in close and detailed manner
~ possible without verbage or any attempt 10
pcroraton just as though had been in Ordinary
and the public to say if that is not the fact. The
remarks made this morning are the first that have
been made in the case de hors the record ,hot this
case is to be argued pccemcali Is my friend ready
Judge Barnard-Mr. Bartlett is dcslIous ior nr ,ee
case TO proceed to-day with the PERMISSION sion eErn Mn
him tO put in affdavits from Mr.. Tweed next mon-
day without any additional argument. =.
matter of right that we should know what the
afidavts are before any decision is made anu IL Is
only proper that we should have an opportunity 10
ImdSe Barnard-it is suggested that the whole case
be adjourned over to next Monday, when all the
aidavts will be put in. "
VIM A. Bsach-I appear here as counsel for Mr.
Connolly There has been bnt brief time for prepar-
alton for il happened that l was not called to the
city for that purpose until late on Saturday even-
ing. Dccming it matter of Importance, have ven
turcd To employ assistance in its preparation. and
am hers prepared to meet all the accusations and
mputaions upon Nr. Connolly either IN his official
character or in his private relations So far as he is
concerned press sits immediate hearing and de-
cision: and in view of the nature of the accusations
made against him, the gravity of tins investigation.
both IN its public and private relations, hope to
impress upon Your lonorth he importance of speedy
adjudication Of the ISSUES involved in this complaint
am opposed. if your Honor please, to the reading
Of the aiiidavits and then TO the postponement OF
this case. In the language of my learned adversary
AN unwilling to present this case III pleceIneal To
Vonr Honor and see no necessity for that dlsposl-
tOn of the case. If Mr. Tweed is entitled as he
seem. 10 hc, to delay i'll the presentation Of the case
upon his part see objection to this case proceed
ng, far as tho other defendants are concerned to
the full and complete hearing reservlng the nearing
81 far as Mr.. Tweed is concerned to some future day
Your Honor will rccOllect that there is an absolute
injunction in this case; injunction which sus-
prnds the ordinary proceedings of the departments
. of the city which Mr. Connolly pSsides. II 1t
be continued, it vii! injurlously affect TIE opera
tiOnS of the city government More than that, II Is
founded upon a complaint which makes the most
grave nputations against the official and personal
integrity OF the officer whom | represent 1t is que
to public and private interests that the truth OF
these accusations should be Immediately examined
and determined and therefore, with great respect
hut with great carnestness press upon your Honors
hearing the part of this relating 10 the defend
ants. who are prepared to show cause at once Far
don me- Sir. for saying that this seems to be the
hour fOr universal panegyric. l do not intend to
swell the song of congratulations 1t happens that
have known your Honor for considerable time, and
the Judgment just and impartial which now is offered
III appreciation of your HOnOrs judicial conduct has
h,cn a Judgment have long entertained, and the
independent discharge of official duties ultimately
secures the sober and approving judgment OF the
community; lApplausel
p"c said: | appear on behalf of the Mayor, and
Join Ill the request that the matter be proceeded
Mr Bartlctt-Wo desire no delay, but merely
opportunity to reply TO the charges made agalnSt
would thank the gentlemen conducting this case for
the pant to send him the charges at Their earliest
Mr. OtioIInan-The hest course is to go on and
read ;hc aiidayits on the part of the defendants.
Judge Barnard-lt seems to be understood that
MY Injunction would seriously interfere with the
operation of the City and County Government. Now
the injunction does not and will not interfere with
the payment of the Police. Gas ami CTotOn w attr
Departments the lahorcrs on the docks and piers
with the proper salaries OF the pubic officers Us
fixed by law.
EX-Iu!rc Barrctt-I suggested on the er pdrtc ap-
plIcation that il was only under the most strained
construction that such result could be implied. and
stated h@t if your Honor deemed 1T necessary We
were ready 20 amend it i'll that respect.
judge Bamard-Well, Judge. the only trouble ls,
there arr some people who haven't had any occasion
to look into law-hOOk for a number 0f years, ana
they put Il different construction OH our injunction
from what do Laughter.l
Mr. Bartlett here announced that he had Just been
served with a complete copy of the complaint and
was ready to proceed with the after the COrpO
ration Counsel concluded.
The Court here adjourned to Part l., that court
room was larger and could better accommodate the
audience Mr.. O'GoTman requested that the windows
be opencd. Judge Barnard called upon the officers
nf the court. but. no one appearing, remarked that
there were from 80 to co persons in attendance upon
the Court, hut they put in an appearance. He
hadn't seen but three in twelve months.
When order was restored, Mr.. OGOrman read the
answers and afidavits Of the defendants for whom
hr appears. The first document submitted was the
answer of the Board Of Supervisors of New York
County, which denies that the Board has ever enter
tanned any idea of raising Ivy tax upon the estates
real and personal, in the 1871, any amount of
money whatever except said amount shall first he
fixed and directed to be raised by the Board of Ap-
puTtiCncnt; that it intends to audit or order to
be- paid claims against the County Of New.fOrk to
greater amount than the sum ~InCh sIa. oe ea set
mart by the Board of AppOrtOnment du1nR the year
lS7l The Board says that II, for any purposes OF
stopping litigation or gratifying the htleants or
satisfying the judicial conscience IL becomes neces,
Sary to continue the injunction, neither the BOard
nor it's counsel can see any possible objection IN en-
joininR the Board from doing that which the Board
must by law do, and which, IN all gOOd 1ath the
Board and all its members intend to 90. ,u
Here followed the affidavit of A. Oakley ffalI,
which avors that he never has been and Is not now
and never expects to be, directly or indirectly, IN
apy actual or hypothetical manner. pecnnlarlly IN
terested in the New-York Printing Company, or the
Manufacturing Stationers Company, or 1he 4Ner-
York Transcript and that he has never, directly or
indirectly. i'll any actual or hypothetlcal msnnef re-
ceved any moneys, emOuments. or prohtS from
either or both of said companies or from SAID news
paper The Transcript, and that he knows nothing
about the affairs or concerns OF any OF theI except
from general rumOr and no more than he KNOWS "l
any other of the numerous companies ana news
papers of the City of New-YOIk. And he further