New-York tribune., 1872-02-01
THE COURTS.
THE CONNOLLY SUITS.
JUDGE BARNARD GRANTS AN EXTENSION OF
TINE.

1
JUDGE BARNARD GRANTS AN EXTENSION OF
| Judge Barnard sat- yesterday, in the Super
ysor room TO hear the argument OF counsel In the Con-
molly suits on motion 10 extend the time to answer
in the action brought by the Board OF Supervisors until
March IT, Samuel T. Courtney opened the argument by
explaining that two suits pending against his
client Mr.. Connolly, TO about S,oO0000 allowed
! by him on alleged improper claims a member of the
Board OF Audit One Of these actions brought by
Charles O'ConOr in the name OF the People
| and the other by the Corporation Counsel
in behalf OF the Board Of Supervisors.
The suits Hwere alike in object, and he Though the
Supervisors the proper plaintiffs Until the appeal
as 10 the real plaintiff should be decided he would be
able TO put an answer for in the Albany suit
were declared the proper one, would be bar
action Of the Supervisors. The excited state public
feeling was in his opinion the only hndrance TO his app
cation for time TO answer, 1t beng quite ordinary
notion which, If granted would inure neither the
public for the plaintiffs, and right in equity of the
defendant
counsel to the Board of Supervisors to appear in this
and he did so entirely without regard to public
camOr newspaper comment, TO perform his official
business. The extension of time to March TO- II allowed
would amount to stay Of proceedings for granting
said that this suit and Others were brought In c0us0n
with the Mayor, who, was charged, had the Corpora
tion Counsel completely under his control If il
meant that other influence had been used he would
that no such attempt had been made and he iclt sure
none would be made. There was no cOllusion with
anyone. 49,.
George T. Curtis alluded to the excitement in political
circles which the primary cause of the peoples suit
The Court of Appeals could not he thought sustain that
in the Of the people as such course would DC
calculated TO bankrupt the whole State. .
The argument was closed by Mr.. Courtney who said
he reioiced to find officer OF the law unerrted by
public camor. He had asked his opponent for time to
answer bu that gentleman had expressed his preference
that the Court should be applied to to settle the m9'tfr
Ii was question To whether the people had the
right bring the action but whether their action actn
ally existed Two orders of arrest having been granted
was proof that two suits existed. That the Court OF
Appeals would shrk its duty ne had yet TO discover ana
what he desired was merely what equity and justice re-
Ouircd namely that time be allowed 10 answer unl the
Appcate Court had rendered its decision IN the case.
! Judge Barnard stated mat he nothing In this mo-
ton the ordinary course, and there was no reason
1 why he should deny it, similar Applications were
granted every day, and injury could result from his
granting it, Wore the put at issue today 1t could
not reach trial for fully j. years He would grant the
extension required until March IS. with the understand
ing that the OF must be Dec Il, by which no
time would be lost the session OF the equity branch
OF the Court being in April.