New-York tribune., 1874-12-01
DRAMATIC CLOSE OF A LIBEL SUIT.

DRAMATIC CLOSE OF A LIBEL SUIT
THE PROCEEDINGS IN JOHN KEL4Y's SUIT AGAINST
TIE MAYOR SUDDENLY INTERRUPTED - TIE
COUNSEL STUNNED - REMARKS OF EXJUDGE
PORTER, Mr.. CLINTON, AND JUDGE wESTBRo0K.
While Mayor Havemeyer was breathing his
last in his the City Hall. there very diff
ferent scene in the great building adjoining the new
Courthouse in one OF the chambers Of which tn law
yers OF John Kelly and the lawyers OF Mayor Have
meyer were warmly debating before Judge WestbroOk
the prOpety OF striking out portions OF tue answer In
the famous libel suit Henry l.. Clinton and George W.
Wngate present to represent John Kelly, and
Mayor Havemeyer's interests amply looked after
by exJudge Porter and ex-Judge Nelson j. Waterbury.
who defendant in the libel suit. Around these
gentlemen there was a crowd OF attorneys, many OF
whom waiting for their to be reached on the
calendar. while large number were attracted by the
Interesting proceedings before them 1t was just at
this time, after Mr. wingate had finished his
argument, and while Mr.. Waterbury still
his feet, that the news of the sudden death
so near brought hurredy in. 1t passed from
one t. aDOlher like electric shock messengers
rushed out 10 verify the rumor, and returned quickly
with the intelligence that II was true Meantime the
legal gentlemen most directly concerned had hardly
stirred Tho news. which made such different issue
out Of this noted litigation. seemed to have staggered
them, while Mr.. Waterbury more Intimately concerned
than any Of the others, appeared to be completely
stunned. He remained standing, speechess; made no
effort TO to the City Hall and learn the fate OF his
venerable cOmrade, but waited. The whole scene as
the lawyers leaned back and stared and then as their
heads together in whispered consultation was ex-
,remely dramatic. As Mr.. Wingate subsequently said:
"it was Just like the surprise that TO us as we
were before the Governor on the petition Tor the
Mayors removal was just speaking OF the necessity
of when up galoped messenger from the telegraph
Office telegram handed IN. and on 1t was the In
telgence directed Kelly Police Commissioners re-
ipfQd " ip m
Iremember how the Governor threw up his hands and
walked the floor in his surprise"
When at last the confusion in the Courtroom gave
way to quiet the full bearing OF the Mayors death
OIL the libel suit perceived more coolly Judge West
brook whose s1pres Of anxiety had changed TO
of sOiemnty, he saw through the window the nag
run up bali mast. sand quietly, That. gentlemen,
ends the notion"
Mr.. Clinton-If your Honor please, have heard that
His Honor the Mayor died in the discharge OF his duties
few minutes ago OF that terminates this pro-
ceeding.
Judge Westbrook-Yes Sir.
Mr.. Clinton-And now it is hardly proper occasion
to express cOmmiserauOn our OF the loss
sustained therefore, without further remarks at pres
eut, move IL 1t please the Court that adjourn
Ex-Judge POrler-This brings 10 a sudden termination
the proceeding iu which counsel for the Mayor
instructed to vndicate of his last living utter
aDces fine counsel here dropped his voice, and spoke
with great feeling and sOlemntyl II were to pro-
coed further with IT, il would be in undcatOn Of bis
memory. From the nature OF the proceeding it term
mates with his lie VIII be for your honor
mine whether not II would be proper TO grant the
motion suggested by my learned friend think that he,
and even those be represents would be ready TO give
their cordial testimony the long hOnOraoly
pursued by my client in the positions IN which he has
been placed by the partality Of his fellow and
they as well his friends will rejoice in having OPP
portunity to terminate this unhappy controversy
his grave His life has memorable through the
history Of New.York; and would be perhaps wanting
an II were not TO say that entertain no doubt
of what your Honor's decision must have been on the
present notion II decision bad been called for and In
Justice TO my Client did not say thai he had the most
entire conviction that before any tribunal lie would
have been able 10 sustain the charges say this not in
rpkindness upon proofs which to be given,
hut because would be wanting in duty to him IL
not TO say he wrote what he believed to be true,
and was prepared, as he supposed. to prove.
Mr. Clinton could not rest silent under this speech
,ut added In the propriety OF paving proper respect
to the memory OF the deceased magistrate most
diay concur; but regret that my learned friend has
anything drop from his lips In regard 10
.h r,ert Of this motion this case. While we would
10 honor 10 the pubic Of the Mayor OF our city, TO
,he extent TO which they deserve to be onored and
xVould indulge ia the utmost hoeray ia regard 10 hs
,nemory. I cannot permit the declaration just ialen
g., ,v friend 10 pass without word In reply that
, client will be vindlnstAd beyond al peradVehtufe.