The New York herald., 1871-10-08

The Case of James H. IngersOll in
the Superior Court.
The Defendant Appears in Person-Adjournmcnt
Of His Examination TO Moaday-Ex-
pected Developments.

pected Developments.
Yesterday, In the Supreme Court Chambers be
fore Judge Ingraham, the examination OF James II.
Ingersol, m The suit brought against him by Mav0r
Havemeyer, before trial, was TO have been COM
menced at ten O'Clock The order under which the
examination was TO proceed has already been gwen
and the following Is the subpoena d,.ces tecuns:-
TAe Psozs of nc a.te@ Me,s Fork J.mes H. !agsyso
being laid aside you appear and attend before the Justice
Chambers q said Court in Tie new County Court
Sa;s n ss ey q s
n certain RI action now pending
james InEsrss impsssea with ohers asendan, on
% Of The and s" bring with and
SGS "a and her relating 70
custody and all other evidences and writings
have 9 for your S vn
guilty Of contempt Of Court, and liable 10 pay All loss
wnss. Hon; Hon 3 ;; !; F. 1sGEAHAM, an Justice
Miller, stoutenburgh Peckham Attorneys for Plaintiff
Tne endorsement L L g folows:--,,.,
Sup,tas aSsra-Wm, r Hasem.ysr ( resident, &C, VI.
James D. inscrsoh .impleaded with others sup dues"
Mllef ssoutenburgh Peckham, Plaintiffs Attorneys 10
A misrake was made IN the service OF the original
subpoena, which was returnabe on Friday, Mr. In
gersOll'e father being served by mistake. The new
Subpoena, properly served, was returnaOe yesterday
The hour OF ten found neither Judge nor counsel
but In u minute two MI Fullerton, who appears
for Mr.. Ingersoll and almost Immediately after
General Barlow, Mr.. Peckham ana Judge Barrett,
in the order named came in, and the three entered
into an animated discussion. At twenty minutes
past ton Justice Ingraham appeared and took his
scat on the BENCH put the usual mass OF Saturday
business mad to be disposed or before the event OF
the day, which was expected tc be, after all, but an
Mr. pEcKHAM rose at twenty five minutes or
eleven ana stated that he mad u summons return
Justice IkGRAnAM-Returnabl before Justice
! Barnard
Mr. PEcknAx- Made by Judge Barnard but re-
| turnabie before the Judge at Chambers.
| Mr.. FULLERToN asked, before nything further
was done, tnat delay should be had Til his asso
cate, MI. Stoughton, should come In. He had Deen
called to Brooklyn, but would return at the earliest
possible moment. he dld not mean to say they
would then move to vacate thlS order. on papers
now being prepared on the ground that It was I'M
| pr0vidently granted.
General BARLOW asked what was meant by a few
m0ments-it was now haI past ten anu the ConrC
| adjourned at twelve M.
Justice INGRAHAM asked how it was set down
before him Tor to-day. he had not so directed.
General BARLow-Juslice Barnard made the order
In this form.
AT eleven O'Clock Judge lNGRAuAM said that lie
had waited an hour, and ne thought that reasonable
| Mr.. FULLERTON SAID that then he should ask that
| the proceeding be laid over TO Monday, to enable
| prepare papers aud afidavits. Mr.. Havemeyer
SUED as citizen ana taxpayer, and they respect
|
| Court.
justice INGRAHAM sad there was no need OF such
motion the objection could be taken on the ex-
Mr.. PEUKHAk said that before any further ster
| Mr.. FULLERTON appeared here for him.
Mr. PsexHAM submitted that the appearance must
be personal He was to be here as Witness. not AS
Mr.. PECKHAM then directed MN to be called and
! Mr. Fullerton answered for him here.
| Mir. PECKHAM objected TO this appearance, and
| the Court sustained him.
! Mr.. PECKHAM thereupon moved for an attach
ment
| Mr.. FULLERTON would ADVISE them not TO compli-
cate their case, which would at any rate complcate
Mr. PEC4nAM said their only course was TO attach
Mr.. IngersolI, otherwise the proceeding fell; he
| therefore pressed his motion.
Mr. FULLERTON again advised them not to pursue
| this course, but Judge lngranam held that unless
MI. lngersoll appeared, ne must issue the attach
ment
Mr.. FULLERTON said that all they desired was that
| he should nave two nours TO prepare tneir papers
| MIR. lngersul was at present engaged IN anotner
part oil the building. He would be here before the
| Court adjourned
! Judge INGRAHAM suggested tnat the attachment
be considered as granted but the order not entered
| IL Mr. lngersoll came in on Monday.
During this discussion Judge Barnard had entered
and taken scat by Justice ingranam, and Mr.
| StoughtOn now also entered.
| Mr.. PECKHAM said they were willing 10 accept
| Judge lngrahains suggestion.
| Mr.. FULrERTON-Mr. Ingersoll Is now IN the roon
| Judge BARRErr-I move that no be sworn.
Judge FULiERTOS-Not too fast my dear sir.
| "Fes,ad ienfe" would be a better motto just now.
Justice lNGRAHAM-Are yOn prepared To argue
! your objections now, Dir. FulertonY
| Judge FULLERTON--we are nOi for the reason
that our aiidavts are not prepared: there are
cra grave questions OF law which must be discussed
in rhs case some time or other, and We propose to
| discuss them now.
Judge BARRETT-We don't understand that the
| Witness can raise these questions.
Justice lNGRAHAM-As Mr.. ingersoll has come in
this proceeding may be adjourned 10 Monday at
| eleven O'Clock.
Judge BARRETT-I doubt that your Honor has
jurisdiction over Mr.. lngersoll untli ne Is sworn.
| Justice iNGRAHAa--ls he In courJy
| MR. FUILEErON-YeS, SIR
! Justice lNaRAHAM-Then think have lurisdic-
| ton -sTs-szxrss~rr.2s-ss ~ s<zcssss
| Mr. PEcgHAM-We should have copies OF these
affidavIis served on us.
MIR. sroUGnroN-we cannot; they are not pre-
| pared.
| Justice INGRAHAM-If there is any need OF II you
| can have tllne answer the aiidavIts.
! The proceeding was then adjourned TO tomorrow
at eleven O'Clock, and the room was rapidly empted