The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-06-08
LORD GORDON.

ssGordOn Gordon'' Called in Court but
Fails to Appcar-ssDrivcn Out of tho
State by the New York Judiciary''-Thc
Complaint Dismissed.
The famous Gould Gordon suit, so fully reported
from time to time in the HERALD, came up
again yesterday morning before Judge Brady,
in the Supreme Court, on q motion to strike
ont Gordon's complaint. 1t will be remem-
bered that on previous occasion Gordon was d.
rected to submit to an examination. He failed to
appear, and the case was adjourned to give him an
opportunity Of returning from the West and pre-
senting himself in Court for the purposes required
There was large crowd in attendance, as some in
teresting developments were expected.
Mr. d. d. Field called the attention of the Court
to the order made in the case, that the complaint
should be stricken out unless Gordon appeared for
examination.
Judge Brady said he remembered the order per.
fectly, and thereupon requested the crier to call
"GORDoN-GoRDoN,"
which was done with lusty voice, but there was no
response to the high sounding name.
Mr. Field then moved that default be taken and
that the complaint be stricken out
Mr. Strahan-Your Honor's order in the matter
was so peremptory that have nothing to say in
opposition. received letter from Mr. Gordon and
sent telegram to him in reply, but he had left the
address before the communication arrived at ts
destination. have not had any means OF commu-
nication with Gordon since the order was made,
and If the counsel on the other side insists on taking
the default they can do so.
Judge Brady observed that he felt disposed to
give Mr.. Gordon an opportunity to appear If the
counsel could give any reasonable assurance tnat
he would do so.
Mr. Strahan said he had no more doubt that Cor
don would appear than that he was standing there.
Mr.. Field thought they should have some OF the
grounds of assurance. OF course he did not doubt
Mr. Strahan but he would nevertheless like to have
the grounds OF assurance. The fact Of the matter
short he believed Gordon had left the country. He
believed 1t was another case in which party had
been driven from the State by the New York judi.
cary. He (Mr. Feld) sympathized with some OF
his friends on the other side, particularly Horace
1. Clark, his bondsman.
Mr.. Strahan-You need not speak for Mr.. Horace
F. Clark.
Mr.. Field-I don't speak for him: sympathize
with him.
Mr.. Strahan-He does not need any sympathy.
Mr.. Field-There is nothing to be done but
tine N yr to foreign
Judge Brady-If Mr.. Strahan give reasonable
assurance, founded upon anything that justiaes it
in his own mind that Mr.. Gordon can appear upon
some subsequent day, would be willing, as have
already stated, to give him an opportunity to do
thing.
Mr. strahan said it founded upon his whole
knowledge OF the case as counsel The idea sug-
gested by the counsel on the other side was so pc
cuiar that he did not want to refer it, From the
terms of the letter he had received from MT;
T tnis exa ANN oS e had a' been u aSe
to communicate with his associate counsel,
as intended, with the view of making proposals TO
the gentlemen on the other side and he thought
the better way would be to let the matter stand
over until next Tuesday. Those proposals, how
ever hao no reference to the appearance or non
appearance of Mr.. Gordon in any way
Mr.. Root intimated that there were very strong
assurances that Gordon had left the country, and
never intended to appear.
After some further discussion Judge Brady made
order to the effect that the complaint of Gould
against Gordon be dismissed, with the understand
ing that II Gordon appeared for examination on
the goth inst. the default would be opened me
other motions in the case were adj burned till that
date.