New-York tribune., 1871-10-09

deemed guilty Of contempt Court and bl, TO paw a. dam.
% O'''Oy to the party sFs'' .ps T ssD .SSs''
Miller stOutenburgh Peclhsp, Attorneys for plaintiff
In consequence Of lngersos dlaorness matters were
t " delayed but finally, at lGi6 Mr. Peckhsm'
low as counsel for plaintiff, said. -,
james H. lngers0 in this case order for which was
issued by Judge Barnard returnabe here this morning
e PperOn h requested the Court to wait hem Ss
mGmentarily expected, before moving to yacate the
order issued as improper and contrary TO legal rule;
Gen. Barlow-We are willing TO wait few moments
Mr. stOughton likely to arrive provided the e1-
animation will not be nterfered with by the delay A.
Inc Court waited until II O'Clock, and then ordered lhe
case TO proceed ~
M FullertOn-I to lay the examination over tn
Monday OF next week for the purpose Of giving us the
opportunity OF preparing and serving the papers 10 90
used on the motion to get aside this order n9%f m Mo-
Havemeyer as resident and taxpayer OF inc City VI
6orK and we think ne has no standing ID moon to
set aside the order can make al 0Recuon on the
The crer here called James H. Ingersoll and Mr. Full
lertOn answered Here"
SON They have right TO call him and take what course
witness in another part Of thie building but nave
certain aiidavits which desire To read
Judge Ingraham-If you have any affidavit you can
Mr. FuIlerton-r was not called into the til yes
erday afternoon and the adavs are not yet prepared
not the whole OF them.
Mr. Peckhan-Mr Ingersoll has not appeared in obedi
Mr. FullertOn-I suggest TO the counsel not TO intro
duce any side issnes' as he seems to contemplate
Mr. Peckham-We only ask that Ingerso he brought
here. Unless he is we can consent 70 no delay or ad
Mr. Fulierton-wel If you desire to take that mode of
Mr PecEham-We ask the Court, II Mr. Ingersoll does
not appear on my filing the proper papers and proving
service, that attachment issue to bring him here
Judge IngrahamA A person called here q witness has
no right 10 be engaged in another part Of the huildng
EXJudge Barrett-Let the man appear. We ask, Sir.
for a non. .5ailable attachment against MIN.
h4f hnAaY YOff ifN prnau
plicate your own case. Mr. Ingersoll will be here
directly and mean that he shall have his rights ial
ExJudge BarrettHIIe has duties to perform before he
talks about rights One OF those duties to be here III
obedience to the order Of the Court.
Mi FuIlerton-He viii be here before the Court nd
ExJndge Barrett-Let him be swOrn then.
Mr ngersoll here appeared as stated, and looked curl
ousiy toward Judge Barnard who was seated by the
ceded him. had moments consultation with ex-Judge
W&n @%d e 'seP ne 1ns attfr n
Judge lngraham-Let the case stand over till Monday
Ex-Judge Barrett-I think your Honor will have no
jurisdiction over hlIu unless he be sworn.
Judge Ingrahau-l think have, and l will take the
The was then adjourned until to-day at II o'clock
be- ready With their afdavs Wat the line Of defense
will he 1t s at present impossible TO say, but 1t will
turc not the least among which viii be lie que stion
whether the plaintiff has any standing in court In OPP
be alleged that this is anomalous proceeding and Il
cOuntenanced by the court will give rise to col
lusive actions Of similar nature, ln which iudg-
ments may be entered for q much smaller
amount than the actual Indebtedness OF the
defendant thus barring future OF the
amount, because the original judgment would bc
elusive to the amount of defendants liability Should
this point be ovcrrulcd, II PROBABLY will be- aud the
defendant be put under examination he refuse
answer the questions put to him. the ground that
such answers may tend to Crlmnate him. may tend
To give rise to criminal suits against him Should the
preliminary points be ruled against him. II is possible
that hlr counsel may instruct him to full contCs
sion Of the whole affair
TIE PROCEEDINGS AGAINST MAYOR HALL.
Since the papers III the criminal charge
against Mayor Hall were sent the Grand Jury nothing