The New York herald., 1874-12-01
THE KELLY-HAVEMEYER LIBEL
SUIT.

It is unnecessary to recite IN detail, they having
already been fully given In the HERALD the par.
ticulars or the libel suit brought by John Kelly
against Mayor Havemeyer. AS is We'll known Mr..
Kelly considered the charges preferred against
, him by the Mayor wanton and unjustifiable at
tack on his character and he invoked the arbitra-
tion OF the courts in the matter. Objections were
made to certain portions OF the Mayors answer
and motion to strike out these Objectionable
portions was to have been argued on last Friday
before Judge Donohue In Supreme Court Cnam'
bers, but intmaton by the Mayors coun.
Sci that the opposing counsel had noticed the case
as to compel a hearing before him, Judge Dono-
hue refused to hear the argument, and postponed
The cause TIL yesterday, when 1t come up Tor
hearing before Judge westbrook. holding the
same Court The court room was crowded, and the
opposing counsel. Mr. Henry L. clinton ana Colonel
Wingate representing Mr. Kelly. and ex-Judgea
promptly ON hand with pIetnorc dies oI papers
ana law books, IN readiness 70 proceec WIN tne
Which the mot motion a, was based was given by Mr.
Clinton, alter which Mr.. Wingate entered July
made 1ne @els on ,S 81 ne Of tns
answer, explaining as the reason for publishing
sne MayGrs S Lengthy letter agans @
Morrlssey, had usurped power In dictating TO
Tammany Hall the nominations Tor county otncers.
When ne had concluded Judge Waterbury en-.
tered on his reply.
NEWS MAYOR HAvENEYER'S DEATH.
He had not proceeded TAR. however when
rumor reached the court room OF the sudden
death OF Mayor Havemeyer IN MS ONCE. 1t was
nicated the rumor to Judge Porter, and sug-
gested the propriety OF communicating the Iact 70
MS associate, and thus terminating the argu ment.
I'VE must consider the Mayor alive till ofciaily
notified ornsrw,se," was Judge porter's reply
"Mayor Havcmeyer has just died,' whispered
another gentleman TO the opposing counsel
is 1t possible ~ asked Mr. Clinton, IN astonish.
"a singular coincidence" exclaimed Mr. VIM
| gate. "He must nave died while was talKing.r
The commotlOn IN the court room, followed BY
| an ominous silence, and particularly the sudden
sitting down sas y speecaess) OF Mr.. Waterbury
when the news was communicated to him, a.
tracted the attention or Judge Westbrook.
Whats the matter s'' he asked Onicee
I'll is rumored that Mayor Havemeyer has jusr
died OF apopiexy In his ONCE" answered the
Judge Westbro0k then summoned the counsel
inside the bar and held whispered consultation
with them. and the counsel returned to their
.'ssnd Ior oflicer Ricketts," said Judge VEST
to ascertain whether the rumor, which had now
reached every one In court, was true. Mr.
the Mayor mad mad suddenlv expired IN ms ONCE,
nounced Juoge westDrook.
They are Just running up the nags at half
mast, !" said MT. Ricketts,, rolling up the window
"rnas ends the whole complaint. shen," sx.
Mr.. Cnnton-I have heard that His Honor rhe
Mayor died in the discharge OF ms duties . few
minutes ago. Or course tnat terminates this pro.
Judge westbrook-Yes sir.
MIR. Ciinton-rhis is NOT tho proper time co ex.
press our commiseration our sense OF the loss
sustained; and therefore move, without iurther
remarKs II 1t please the Court, that we now ad.
Judge Porter-This brings to sudden termina.
M ZION tne proceedlng @ IN which we as counsel iol
last living utterances. (Here counsel appeared
Wff vvp hn
IN vindication Of his memory. From the nature
OF the proceeding It terminates with his ire. It
suggested oy va my Sven learned med! trend an,na
would be ready to give their cordial Testimony to
the long career 50 honorably pursued by him ia
partiahty OF his fellow citizens. and they, as well
US his friends, VIII rejoice IN having an opportu.
life has been one memorable through the history
OF New York. aud would be perhaps wanting IN
doubt OF what Your Honors decision must
have eecs,nn Seen Sad on the s, present psssa motion
not say that he had the most tAsi entire conviction
to sustain tile charges. say this because.I would
he wanting in duty to him II were not to say thas
he wrote what ne believed to be true, and was
prepared, as he supposed. to prove.
Mr.. CLlNTON-I cordially concur with the learned
Of espect to the memory oi the deceased Mayor;
but regret that my friend has permitted any thing
10 urOp rom MS lips as 10 tue Herits
OF this case. While we would do honor
10 the Mayor OF tue city, and indulge In the
utmost nnerahty IN regard 10 his memory.
cannot permit the declaration which mas
Just iallen from my irehd TO pass with
out o word OF reply. That my client would be
vIndica,ed beyond all peradventnre, have not
the slightest dohbt. But As my frend almost re-
gretted the opportunity or trying rne merits, l
would say tnat the facts viii undergo
judicial investigation IN the SUIT between the
same plaintiff and Judge Waterbury, and there
fore at proper opportunity, AT Iuture time. win
be presented To Court and jury 100 adjudication.
Having said ths much can only say that the
solemnty OF the occasion Is such as must not only
disarm The hostility OF TINS aud his associates
but that we desire that his iauIJs whatever tney
may have been, may De buried In his grave. We
have no desire TO utter other than words OF kind.
ness and such as would be suitable on SUCH an i'm.
portant occasion.
Juoge WEsrBRooK-Owing TO the sad event which
has Just taken place the Court will now be nd.
Journed. II VIII be unnecessary 10 proceed fur
ther Win this motion 1t must end vito the lie OF
the party against whom the action pended. This
motion stands permanently adjourned. In view
Ol the long aud distinguished Career OF the Chief
Magistrate OF this city, winch mas Just ended SO
suodenly and unexpectedly. it IS but due 10 nina
anu 10 the public that the Court should be now
adjourned until tomorrow. Whatever differences
oi opinion there may have been rs 10 Tue puoic
acts oI his life, he has been connected
prominently with the pubic affars oi tue CITY,
unu while men differed IN Judgment US 70 soue
acts OF his life, VIC ALL believe. c0nceae mat ne
was an honest man, possessing very nnuy citlmS
ON the public confidence and respect Inis uiOu.o
the Court cheerIully cuncedss no. onlv on aceoonS
OF the punc position ~ occupAee, oss Sssy ~ axSS
n0A0 nAl ~ NAL n Os