New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-03-08


60 hid NO, be act aside returnable before Judge
palcom at Bnghamton May 81, at 10 a. m. This was
served on Ramsey's attorneys at Albany On .o c'os
of May 40 Binghamton Is $50 miles rom Aipa"y' "nu
Il was physically impossible for them TO reach tere DC
fore 10 O'Clock OF the next morning. except ny Ins III
train of coal dfreght ears which ci1 Albany a,o ia lo
EVENING and was very uncertain In It's movements For
on and for the Other reasons above stated, they
ara mot attend before Judge Balloon the next morning
cd Tho motion 10 change the venue was granted by de
foult Judge Barnard holding tho June Chambers at
- vort Ramsey was compelled TO move before him to
omen the Binghamton default. If the had waited to
,olo this motion at the July Chambers he would have
hoau told that motions to open defaults should be made
nromptly and that he too late Judge Barnard de-
MED the notion and said that the "where
these things we're understood, and justice could be
done"
Mr. Field was the active counsel on the Fisk side in
these proceedings.
Tho case was placed Oh tho October Special Term Cal
endar ito DO held by Judge Barnard and noticed
for trial by the defendants. The plaintiff Ramsey
was enjoined from putting It on the calendar
or giving notice Of trial-and in order to prop
ery prepare for trial 1t absolutely necessary for
him TO obtain discovery of the books and papers Of the
Erie Railway and TO examine the defendants before the
trial Here were the proceedings and dealings OF this
vast corporation extending several years. TO be
amlned into, and no lawyer will say that he would not
have considered such discovery and examination OF par
ties an absolute necessity. To obtain them would DO
work of weeks and both required an application to tho
Court which Ramsey prohibited from making. An
application to have the issues tried by jury WAS also ono
which Ramsey had right to make.
Tho case was called oct g. and Ramsey objected
to going on because he had been, and still was,
under injunction, and had had no opportunity to
prepare for trial The Court let the stand to
Oct 90 when Ramsey again applied to postpone It, Then
moi
be deemed to prevent tho trial or preparations for
the trial. and procured an order TO BIO made by
Judge Barnard to that effect The Court then ordered
the cause to be set down peremptogy for oct 2 thus
giving Ramsey four Ueek days FREQ from injunction
to prepare for trial the mpossiby Of doing which In
four days. in four weeks has just been stated
On Oct. Is, Ramseys counsel again objected to pro-
oeeding and assigned additional reason that the
Judge was evidently biased in favor OF Fisk Could.
They also claimed the right to have the issues settled for
trial by jury. Judge barnard said they too late in
making such all application that they should nave
moved at Chambers when he WAS asked how they could
have moved at Chambers, when they had been all the
time under Injunction, Mr. Fold inteTposed and "OD-
iected TO this caechsng Of the Court and rescued the
Judge from being obliged to answer this awkward ques
ton
1t is unnecessary say that Ramsey made nothing by
any of these objections. Mr. Field insisted upon going
trial, and Ramsey, being utterly unprepared, Tor
the reasons stated his default was taken aud his
plant was dismissed with costs. Mr. Field Thought he
ought TO have an extra allowance, AMI expressed
desire that it would be given upon the BASIS OF the
value of the property involved, according to tho
principle laid down in tho Susquehanna case
where an allowance OF $4,000 given against Mr..
Fields clients He therefore asked that Judge Barnard
adjourn the for two weeks to enable Mr. Field to
make motion for allowance. and to offer testimony
as 10 he labor expended tic And he also aetod
,1ot hava To uny tD uC-
fault and then and there try the cause.
Ii must DO stated for the benefit of unprOfessional
readers, that, the having been disposed OF.
there was an end OF it., unloSs Mr.. Ramsey
chose to to open the default; and the proper
place TO make that motion was at Chambers, be-
whatever Judge should be holding that branch OF
the Court This Judge Brady, and Mr. Fold natu-
rally apprehended that air. Ramsey would apply to him
to open the default This not only tins proper place
to apply, but other place proper. Aud yet for
the purpose Of retaining The case before Judge Barnard
and Obgng Mr. Ramsey to make the motion to open tho
default before him. Mr. Field asks for and obtains an
order whereby lie attempts TO deprive Ir Ramsey OF the
right 70 make this motion before another Judge
This attompt TO continue the hold OF Judge upon
case, after it was disposed Of, 50 that lie alone
should hear motion to open default was an absolutely
new and unheard-of proceeding Thus new forms OF
practice are devised not in furtheranec Of justice but to
protect men who dare submit their to hearing
Barnard would have refused open the default the
same grounds on which refused to postpone the trial.
and that this q part OF the scheme OF Mr. Field TO
get rid Of Rsm5eys suit without hearmst Judge Bar
nards refusal TO open the default would have been I'M
appealabe, and Ramsey's suit would be disposed OF
beyond redemption.
That Ramsey had a right to move at Chambers, and
that the attempt thus to take it away Illegal need
not be left TO the assertion OF the writer Ramsey did
make his motion open the default at Chambers before
Judge Brady and the motion granted. In his de-
cision Judge Brady says that Mr. Field had right to
take any order restricting Ramsey 70 the tune and place
OF moving TO open the default. Ho says "They 1.-THE
defendants Mr.. Fields cents) could not by their
action, unsolicited by the plaintiffs, name the time
and place at which leave TO open the default would
be lven moro particularly when such leave TO be
coupled with the condition that the plaintiff should then
and there try the The defendants could not with
out the plaintiffs application therefor, or APP
prevail thereof limit confne the paiutif-as
To the tribunal 10 which he might apply for
relief from the order made judgment pronounced,
or in any way anticipate the terms upon which such re-
lief should he extended" II not enough for Mr..
Field TO drag Mr.. Ramseys before Judge Barnard
for trial. and having done that to deprive him OF any
trial at all but all possibility OF relief from any other
Judge was to be off by such unwarranted orders.
The default being opened, Mr.. Ramsey at liberty
TO put the case the December Special Term calendar
and try it before some other Judge than Barnard the
General Term having by this time decided that the in
junction OF Judge Barnard the suit OF Erie ag Ram
sey was Illegal. But this was not to be permitted. An
appeal was the order OF Judge Brady opening
the default and that Is pending in the General
Term Judges Barnard and Cardozo thought that Ar.
Rsmsey's proceedings should be stayed until this
appeal should be decided Judge Ingrahaln thought
NOT And all proceedings the suit Of Ramsey agt. Erie
are still stayed.
After Ramsey agt Erie had been disposed Of, Erie
aQt Ramsey, Eaton, &C., brought TO trial. The
proceedings on that trial must satisfy any man uf
any further evidence were needed that the suit not
brought good faith but merely trick OF Mr. Field
to hinder and delay Ramsey and 10 obtain time for the
removal of the cause into this district The necessity for
further per OF The farce was now over mas
much the main suit was In Judge Barnards HANDS and
Inc MD In