The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-10-10

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place that the osner defendants, namely the Mayor
ana the Board Of Supervisors have, unlsWfuily ana
% the S back Sow M sos IKE g
know upon what state OF facts such udgmen. can be
based while Il Is ON the information and belief OF
THE PLAINTIFF, HAvEMKYRR.
What Information has ne receivedf We don't
know. II may be sufficient It may be en-
more in the administration OF justice If judicial
dissemination on such an important fact Is that Is
70 oe pre sS,s Eu TO- the belief or snior VINO
Court on what that belief is rounded.
II Mr. Hayemeyer had possessed any Information
BILE mind It was easy for him to disclose It. In this
case It Is the judgment OF the Court founded on In
formation which IS 10 determine whether individual
action will be taken to bring q citizen within les
power for the purpose OF drawing from him on ex-
animation In regard to his private affairs. Now 4
Mr.. Havemeyer mad any Information ON that subject
and he disclosed iI to the Court and the court
should determine II was suficient or ITSELF and II
y not ready 70 answer such questions as they see
At to ask him. 80 n 49,
an application which they make for an examination,
which amounts 10 the same thing.
Mr. FULLEEroN-I have intlmated we should make
motion TO discharge that order.
Judge iNoRAHAA-They ask for an examination OF
MT FgLlERToN-wnat am now asking is peril
MI. BARLow-You Honor suggested If we desired
we could nave an opportunity to answer any anida-
Mr.. SrouGHroN-we win attempt to get the aflda-
Wit OF Mr.. O'Gorman-who hoped, however, to be
subjected to 3 cross-exsminatton II desired. we
suppose that THIS plaintln has no standing IN Court
unless Il Is SHOWN that the Mayor, Aldermen
and Comm0nalty have been guilty OF q breach OF
trust In refusing 70 bring suit and we propose 70
examine the Corporation Counsel upon that order,
city, the authorities OF which are charged with
breach OF trust The Court will permit us to exam
VII tie Court thinks il Is contrary 10 the prac-
uce we viii do the best we Can.
Mr: BARLOw-We think 1t exceedingly desirable
that Mr.. O'GOrman should be submitted to cross.
examination. and that we should not be called on
to answer a1idavlts not yet before the Court ALI
the afdavlis should be complete before we attempt
Mr.. sroUGHroN-You shall have an examination
OF Mr., O'0orman II we can GEL it
way to settle the difnculty
Mr.. BARLOw-I object to this
Mr. FUILIRT0N-I withdraw the suggestion.
Mr.. BAKRgrT-The examination OF Mr.. O'GOrman
IL was understood would take place to-day. They
were ready with afndavits TO 90 on with the argu-
Judge IN0RAHAN-n is desirable to ges every
thing In readiness on both sides before proceeding
Mr.. STOUGHroN-That is what we specially desire.
MT: BAsTLaTT-Tney nave read two s6ldavits and
propose others. We cannot tell Wneth0r we want
To answer them or not until we hear them.
After some desultory remarks by the various c0un-
BEL u was finally arranged to adjourn the further
hearing of the case 70 Wednesday, ana meantime
Mr.. OGOrman was 10 be examined In the presence
or counsel on both sides If 1t could be arranged.
The Court then adjourned.
Mr.. OGORMAN EXAMINED
Shortly after the adjournment OF the Court the
examination Of Mr. O'Gorman was taken at his
Office so Nassau street, the counsel on both sides
being, according TO stipulation, present Mr..
UGOrman declined to make an a1idavit
but was examined and crOSs-examlned
at great length upon matters deemed pertinent to
the suit against Mr.. Ingers0l His evidence 1t was
determined BY counsel TO withhold at present nom
Court at It's adjourned session on Wednesday, and
together with the other proceedings be given fullest
publicity tn the press
Inc case was then adjourned.