New-York tribune., 1871-11-18
THE COURTS.

.~ IdE OOU h4O.
= THE FysK-sToKRs-MANsF1ELD CASE
JUDGE BRADY vAoATEs THE STAY or PROCEED
rtGs 10 ALLOW ARGUnRNT TO DISSOLVE THE
INJUHCrI0H.
y The suit 1t James Flax, IT,, agt. Stokes ana
others brought stay the publication Of private letters
and Of certain statements made by Miss Josephine Mans
ned came up yesterday In tho Supreme Court before
Judge Brady motion TO vacate the stay Of proceed
inEs granted by Judge Pratt Of Brooklyn. Mr. shepperd
for tho defendant, Stokes, .aid: .'.t D.. .. ...
This su was bagm the leth Of October By the ser
vioo Of sumnons and complaint and an Injunction or
d w:a se1ssd re psCySCn Gv Sy SS SSS
not b conn1ed We :ds % motion pGsS1g no H nS:s Ss & TU
case were residsnta Of this city That loton JndEe
Pratt granted and At s time %. q tho SsS q tor se
stay Of proceedings until an sppee taken from tnat 9r
DER s0sa DC SSes than have any stay we we're willing
and dssrous OF submitting the case then. and hav-
ns s other ars1sSe sssS wa. ssSaT but the judge took
papers and granted the stay HCw 10 we ts t
and that Il was very improvdent exercise Of discretion
to stay our proceedings In this way when he had already
and We had no means Of being heard this INJUNCTION
As to the question your HonOrs reviewing tho order
hausivo consideration Of that question By judge Car
SOss can be reviewed at special Term even the
papers on which 1t made. All We ask IN this case.
be heard in brooklyn according Judge Pratts decison
and heard here unless the stay u vacated
Mr. Beach, pounsel for Fisk, replied:
Tho authority cited by the counsel applies only TO the
case when motion is made upon additional facts 70
Vacate the order previously granted by tho Court am
to coordinate Judge. to review and vacae, upon the
Same facts without any new segstons an order made
before another Judge When the injunction was granted
in this order was taken to show osnsS ;S WY
and argue tSs motion. when We appeared on the re-
turn day Of the order wore met by motion on tne
part Of the defendant for change Of the place Of trial
and by the Of counsel with the appreciation
ourned to day and upon that occasion the
motion TO change the place o. trial was srsHee, ana
esOn Che judge took the papers and for
the continuance Of tho Injunction was Suspended We
tie settlement Of the order father for the argument
why the injunction should not be continued De said ne
vas inclined TO find the motion for change OF venue
in favor Of the defendants, and II so seemed hnrdy
necessary to argue the other motion before na tnese
order insisted that as we intended 70 appeal seemed
to be S ppn bs S de-
termned. have time TO inquire now as 70 the pro
Psisy 81 1 snS SUBMIT tie on &
On that motion. With great respect 70 Judge fratt
Was not ON appeal his discretion for the convenience
Of witnesses, but dcmand for the change OF venue
ton TO be brought where Of the parties resides
We DrOduced the clearest evidence parties
substantial party and made party IN good faith Never
theless, the Judge remarked that New-York was the
the Witnesses ro!ided and was the proper locality for E
trial II was In vain suggested that this was ques-
ton not arising the notion but TO be presented sub
sequent to the formation Of issues IN the suit have
advised appeal An appeal has been saSsn ana tae
ing that appeal was argued by tho learned gentleman
and myss On Asdt S tS %SS Ot 3uSsS pr s
staying the proceedings % o condition upon which no
makes the order changing the Venue-as part OF the
order upon O contested motion.
Now II tho practice Is to be adopted In this Court as
between It's different branches that the order made by
this Court with fu Jurisdiction npon contest and she
hearing of counsel 10 to be reviewed and vacated oy 90
GaTe whS1s an nGE tU' SaOc. or aSS HS
with respect to the Court does not seem 70 me pro
fesSional entitled TO Judicial appreciation Your honor
is asked to sit here in the character Of appellate tr
buna passing upon the same facts Whloh Judge rett
application, without any new developments calling for
change Of the order, without any new necessities Gaming
6Sr % sSP aDon n Ss sH se SUBMIT that a
practice viii be indulEed and think It will be diff
the practice may have prevailed in some departments OF
tho Court for the introduction OF that practice Your
1a9cd st at this moment I cause now Pr0ressing In
the other court and any further disOussion to be had
Judge Brady-was not the eect Of the order made by
Judge Pratt to transfer that Immediately to this
discricti
Mr. Beaoh-It would have been unless the order stay
ing proceedings was simultaneous with the order chang
ing the place Of trial, which part oithe order.
Judge Brady asked IN which department. the appeal
had been noticedi Mr. Beach said he believed In the
Kings County department, but II that practice" was
wrong there was time still TO correct It,
Judge Brady-I have very strong disposition to hold
that Supreme Court Of the district has the right to
control ts business. 1t Is very serious matter II
Judge Pratt upon due deberaton, application having
been made therefor determined that that stay should be
made and should continue, 1t Is very questionable II l.
sitting hero In Special Term have the power 10 vacate
that order But have very strong disposition TO con-
the control Of cases in ths district to the Judges IN
this district. With all due respect to Judge Pratt
think would have been more appropriate for him TO
have let the question remain IN this district |
After further argument Judge Brady set the further
hearing down for the fourth Monday Of this month
There being some dispute TO what then to be
gued aud as 10 the continuance Of the stay meanwhile
Judge Brady said that the stay would be so far vacated
- to enable counsel to proceed with the main motion 70
dissolve the injunction. |
Mr. Courtneywill you modify enough to permit my
client to talk to mo Her mouth has been sealed tight
By this injunction. |
Judge Brady-Is your client womanf |
Mr. Courtney-Yes, Sir, Mrs. Mansfield, very hand |
some woman TOO.
Judge Brady-DO you suppose any injunction could re-
strain her from using heE tongues shA dissolve that
ss nseessitak rel. uaushtsr.l
THE WESTFIELD EXPLOSION
OF TEST CASE FOR DAMAGES
JUDGE NELSON'S CHARGE - THE JUDY
DISAGREE.