The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-10-19
THAT IWJUNCpI0y AGAIN.
Another Modification or the In
junction Order Asked For.
COUNSEL Wax Warm ard Talk Qaiic ny-
citldly al One AaOlher.
A TRUCE TILL SATURDAY.

The application made before Judge Barnard In the
Supreme Court Chambers for still further modi.
fcaion OF the Judges late injunction order against
the city Ia the Foley came up yesterday morning
The following are the proceedings In full, showing
net only the nature OF the application, but how the
opposing counsel got warmed up on the subject OF
outside sympathy
Mr.. LAWRENCE case OF John Foley would
Ike II Your Honor please. TO have postponed till
next Monday A voluminous afIldavt has been
prepared by Mr.. Tracy, OF the Department OF Public
Works, to which we have not hal time to prepare
answering afidavits.
Mr.. BAsrLErr-If Your Honor win guarantee
that the insurance companies viii be safe and that
our city VIII not be In the condition that Chicago
now Is, then VIII consent that these works on the
Groom water pipes may be suspended. The modia
cation askea for on the part OF the Department OF
Public Works Is modification which was ordered
to be Inserted by Your Honor fn the oral opinion
which you delivered. but by the omission OF coun-
sci who took OUT the Injunction II was not inserted
on that occasion did not appear for the Depart
ment OF Public Works. but only for Mr.. Tweed per-
sonally. 1t Is the province OF the Corporation
Counsel TO look agrer IL, but he Is now at present
out OF town. and have been retained by the de-
partment TO appear Tor them on tnls motion.
MIR. LAWRENCE-u The counsel wants my personal
guarantee FOR the insurance companies am perfect
~ willing to give it. The city oi New York is In
for me last len years, and al this attempt tc get up
outside sympathy IN regard TO this modification IS
the day, entirely too thin.n The application Is
based GU a voiuninous AFFIDAVIT made by Mr.. Tracy,
an afdavit which has evidently taken the other side
some. time to draw, and II isno more than night
sna G '1as " have an
o. The city ana the department but q
matter 10 be turned OF on q 1--WE minute tnyestf-
CATION or discussion. ask therefore that the
may have an opportunity 10 prepare ailldavits in
reply
Judge BARNARp-I think you had better saw an
earlier day Than Monday. There are quite a number
OF cases TO be tried Tor murder next week, ana
snail be pretty busy then.
Nj. BAgTIE rT-We VIII say Saturday. l will not.
however let me occasion SIN without noticing The
very uncaed Tor language OF the counsel in regard
10 attempts 10 act up outside sympathy.
WHAT DOES THE GENTLEMAN MgAN2
Mr. LAwEENoE- He means exactly what ne said. ,
Mir. BAnTLErr--ilave we attempted 10 Get uD out
side sympathy II is ihey and they alone who have
dcne IL, aud ain glad that they have come here to
guape derived from Que OF the Old LORD Chanceors
OF England on q somewhat similar occasion to this,
although It y now considered cockney phrase;
hut II II classical language. NOW they nave found
out that 4 too thin.n WISH 10 say that have
have come here simply to ask 10 have inserted in
tie ihjunet0n The exception which Your Honor
wish no more such language applied TO us, because
II Is wholly unjdstliied. have made no attempt 10
get up OUTSIDE sympathy ana nave spoken 10 no
human oeiDg this subject with the exception OF my
client and @iiness. We come here on the law, AMI
that Is al. We want. aud on IL stand; ANA repeat
that The language OF the learned counsel Is
uNCALLED For AND uN8Ec0AING.
Mr.. LAw2ENCE-l mean precisely what say aud
said precisely what meanG am perfectly willing
you should say that. hts Is not question for
defamation and II the gentleman thinks he can
gain anything by this style O! argument before Your
Honor or any other Court am perfectly Wiling lie
should try IL. But the gentleman has come here on
the facts. Here Is yoiuminous affidavit or Mr..
Tracy, which You, Honor see from simply
looking al II 1t was impossible for Us 10 answer
without more time tnan that accorded 10 u.s. The
papers were placed In my hand night before last,
haf-past seven O'Clock, having been served on Mr..
Barlow IN the afternoon l made effort con.
scieDtlousiy yesterday 10 draw the aifdavi,s
Which were necessary 10 answer, but II was mpOs-
siDe for ne TO do so. l am making no more Than
an ordinary application as counsel engaged IN this
case In good faith. and, as 1 said before, don't
think your Honor Will DC Influenced by the dccama-
ton or the vehement remarks OF my learned friend.
ask that the case may stand III SATURDAY II
your Honor thinks you cannot attend TO IL on Mon.
d3y.
Mr.. BARTLETT-your Honor. they vii, be equally
unable to answer the affidavit, no matter what
length OF time were allowed them. We only ask 10
be heard a. soon as IL suits your Honor's conYe-
nience.
Mr. LAwRENCE-I that be so 1t via only be our
misfortune, and not our fault. We shall try to take
care OF our side OF the
Judge BARSARD-I shall hear II on saturday morn