New-York tribune., 1871-09-12
THE TAMMANY INJUNCTION.

THE TAMMANY INJUNCTION.
DELAY ASKED FOR ON BEHALF OF TWEED.
voLUMINOUs AND IRRELEVANT ANSWERS BEAD
NEITHER HALL NOR TWEED PARTNERS IN
TIE NEW-YORK PRINTING COMPANY-THE
PROCEEDINGS OF THE BOARD OF APPOR-
TIONMENT-N0 DECISION REACHED.
Yesterday the great suit of Foley, representing the
people Of this city, against Hail. Connolly, Tweed
and Sweeny came up again before Judge Barnard in
the Supreme Court Chambers on the return Of the
order issued Thursday last to show why the
injunction granted on that day against the defend
ants should not be pade perpetual E1-Judge Bar
rett appeared, as on the previous day. for the plain
tiff; Richard OGorman appeard for the Board and
for Mr.. Sweeny; Hall and Vanderpoel appeared for
defendant Hall w. o. Bartlett for defendant
Tweed, while Controller Connolly was represented
by ex-Judge w. A. Beach. W. C.. Barrett
and w. Fullerton were associated with
ex-Judge Barrett, counsel for plaintiff
Inc Courtroom doors were thrown open at 9t, and
within few minutes every seat was occupied and
when the Judge took his seat on the bench, there
was scarcely standing room to be obtained. The
audience "a before, composed chiefly of lawyers
win silght sprinklng of citizens and few whose
races indicated connection with Tammany Hail.
The conversation altogether in reference to the
suit and the probable action Of the Court there
upon. The opinion seemed general thot Judge Bar
nard was In the position Of Macbeth after Banouos
murder-"h he had gone 80 far that to return was
more dangerous than to 60 onwards One individual
observed in whisper to q companion, This here
whole thing is agoin to turn back on them fellows
that's bringin' it tell you I'd like to see, this
whole committee of 70 dragged through the East
River. and as for Foley. he'd ought to be drawn
and quartered."
When the Court was opened the Whispered hum
Of voices apsed into breathess silence. which was
broken only by the address of the counsel, OF the
remarks of the Judge.
As soon az order was obtained after the opening of
the Court, Mr.. O'Gorman arose and said:
appear here on behalf of the Mayor, Aldermen
and Commonalty, and the Supervisors and for Mr.
Sweeny, at the hour appointed by your Honor, to
show why the injunction should be discontinued
am here for that purpose and hope you will 20
with this case.
Judge Barnard-There are several matters set
down before this case and they take precedence of
this. The case of Count Joannes is first.
This trivial matter was soon disposed Of by dis
missal and the Foley case proceeded
W. o. Bartlett said: l appear here as personal
counsel of VIM. NJ. Tweed. l had understood from
the public journals that there to be sort of ad
jOurned town meeting here, this morning. in the
presence of your Honor in which en- attempt was to
be made to give to partisan politics. and to the strug
gle for power and office in this city a legal aspect
and judicial solution, and that men who have
wooed in vain for the sweet voice Of the people to
place them in Office about to attempt to wrest
by judicial proceeding, the seats of those who had
been elected to power by votes of the people The
name of my irrepressible and gushing friend and
quondam client. Mr.. Foley, appeared leader. and
the name of Mr. Tweed was in the papers. am
tanned by Mr Tweed to appear for him in all actions
affecting him officially or personally his private
and personal counsel. He handed to me, on Friday,
a pamphlet which was supposed to be copy of the
complaint of Mr.. Foley. looked at it, and told hun
I would be ready on Monday morning to go on rely
ing on that as q copy of the complaint but
the next day l found it consisted of jumbled
matter, without any connection; the middle of
the pamphlet, from pages 81 to "a, va.
omitted and the substance Of the complaint was in
such a state of confusion that have been utterly
unable to make out what the charges are against Mr.
Tweed will presently hand the copy up to your
Honor, and you will see my statement is entirely
correct don't wish to interfere with the proceed
ngs to delay them at all. Mr.. Tweed is ready to
answer any of the charges against him wherever
made, by whoInsoever made, at any time and at all
times. All that we ask preparatory TO answering
them is to know what they are, and of that he has
not yet been informed 1t is proper that any man
whose character, whose personal standing is to be-
affected by the decision which your Honor shall
make in this should be fully heard, and should
know before the is decided what the charges
are. / therefore request whatever action may be
taken in this case the matter may be left open for
br. Tweed to be heard by counsel at any time subse
Quently to the charges being served upon him.
Mr.. O'GOrman said trust your Honor will not
believe that the Corporation Counsel has less conf
dence in you because he addresses you AZ Judge
bound to do your official duty, lie believes it is
your intention to do all your official duty. | ask
your Honor only for that which your Honor il bound
to give simply justice between the plaintiff and the
defendants in this case; and should think but
poorly Of this Court if for instant entertained
the opinion that either the transient favor Of part
of the public or the fear of the transient loss of such
favor, or even the squalls and tenipests of what
passes by the name of public opinion would for
instant disturb the calm and deliberatve atmosphere
of the judicial mind, in which condition alone the
truth can properly be investigated before the Judge
of any court. Now, it would be indelicate and i'm
proper for any ordinary occasion to press upon
the Court any step which had not the full concur
renee of all the defendants in the case and regret
that cannot at once say that am perfectly willing
to agree with the motion of the learned counsel for
Mr.. Tweed. But on Thursday an injunction was
granted by your Honor arresting the necessary and
as | am position to prove, the legal operations of
the corporation of this city.
Mr.. Bartlett said; | do not wish for delay; only
that the case be left open to Mr. Tweed. allowing
him to put in adsvits hereafter when he is informed
what the charges against him are. wish the case
to go fully