New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-12-09

It, has 1t refused TO exercise the dlscreuon
that ask. Legal discretion Is matter OF law
wherein law and prccedents havo to be cited: aad
they have to DO looked up and presented 70 the Goa..
We expect make argument before Dis Honor Juuts
McCne that will only outc us to tho partiSn,ais
that ask but will ente us TO an order pron,o ,
this plaintiff from giving any evidence upon the I'm
outside of the particulars which he serves That Is
part Of Is part OF the relief %nCm we that
order we expect satisfy his Honor that we are emu
tied to It, and II we do. we know we shai get IT, We
fail we are quite sure we shall not. $500, "a
But surprising this bill Of particulars to be served Is
It to be supposed that this defendant can nave o ,t
particulars handed here to hint day OF charges una,
ne Knows nothing Of 1t may be that he fas never heard
Of to he supported by VINO INC c ca rs suddenly
into the trial OF this without an opportunity even
read the bin Of Gs@mon S sense indicate. and
dictates that after the service OF that olll OF parca
lars the Geendsnt ana 9' %e viii be will
depend upon the particulars served ana can ony Go
im .hn have e,psed this defendant will be ready TO
proceed with the trial OF THIS cause'
A DAY SUGGESTED FOR THE TRIAL.
Judge Observation-Disclosures, will you designate day
TO which the Jury shall stand adjourned arer they nave
been impannel There IA an ORDER understand.
which stays proceedings until thursday morning.
must defer to that order, OF course.
Mr. Tracy-we would suggest, II your Honor pleases,
that the case stand until Tuesday morning. week
from to-day. . ,. a.. -,,. ,o.si-
Mr.. MOrrs-Wo 0lJect tnat Is hoI 'no cdihoo' po'''
Mr. Tracy-we supposed you would object.
Mr.. Fdlerton-The earliest possible day Is Fr'day
morning. your Honor. ,-, ,.,... ,,,.,
Mr.. Morris-Tne day after the argument oeiore 'uuso
Mr.. Tracy-That is absurd.
MIR. Fullerton-Of course IL IS apsurui AnythiuR w
judge Nciison-As / understand the decision Of the
Court OF Appeals, IL must have appeared TO them that
had placed the decision made upon the simple qnes
ton OF having power to grant, and also upon seeming
reluctance intcrmarry with the practice or the C0ue
ire practice which prevails in iIlerlocutory appca
lions IN England, practice which Understood had
Appeals nnderstood of course that lid not
the discretion merely which might have been applied on
the application. In that OF course, am correctly IN
derstood nave rot had occasion TO consider whether
the granting OF such order in this particular case
pcct being had 10 the nature OF the case and 10
the knowledge which the party might be supposed 70
have of 4, would DO proper or not. ana that
Honor Judge McCue on Thursday morning. 1t Will
call for tho fair exercise OF the discretion OF
Judge OF this Court presiding al Special Term discre
be exercised especially with reference to the na
ture OF the case aud made the more serious py tue sne
the party be permitted 10 prove no other date or time
practice to this particular think. arises there
MIR. FullertOn-In that case would your Honor allow
although not authentic or Official still is good enough
tor my adversaes TO fOnad the action upon which they
have taken The learned Judge says view of TINS very
of confessions made b. The defendant shat particular,
.riesd, will be ueeess, to prove tina, he eOnte':e!
,nS se to have been comied ae da'ei ,peei IN the
suppose that tribunal of odnar intelligence wo1i or bill
f. Ra'--' '''' AVIAN - " ''''-' -' '''-
That embarrassment seems 10 have been removed by
tho very pertinent and pointed observation OF the
learned Judge who delivered the opinion in this
50 let tue order for the bill OF particulars come US
soon as may be.
Judge Nellson-Is it not necessary part, according
to all practice OF an order for bill OF particulars anu
the office. properly OF tho Dnl To limit the party 10 tue
times ana places stated
q bill of particulars referred TO sale OF merchau
disc 1t has been the practice. But this case does not
come within that rule; that is not intended evidently.
Mr,
we propose To discuss on Thursday
Mr.. Fdlerton-Ihat Is one OF the questions we arc
Judge Neilson-Well, they decline to modify the order
and think IL should stand until Thursday morning, aud
Mr. Evartss absence. ofcourse Is one legitimate sus'
Mr. FullertOn-Then. II your Honor please II the
il argued on Thursday, and decided Thursday.
may be able to give the bill OF particulars tue same
try the case on Friday mornlng That would be the
earliest possible time, most undoubtedly.
MONDAY FIXED FOR THE TRIAL
MT Tracy-Is it really proposed by the other side Sc
riously that shall be served with bill OF particulars
on Thursday night and come here and so to trial on
Friday morning, reading for the first time Thurs
day night the accusation made against usf Now that
always ought TO characterize the conduct OF counsel In
the administration OF justIcei Is really seriously
made nOw that this bill OF particulars beDg served late
on Thursday night, the defendant must be IN court
ready to proceed trial on Friday morning. Is It not
rea Onable aud proper II this bill OF particulars II served
on Thursday night Friday morning That the ques
tons which may after the serving OF that bill OF
particulars that relate TO It, and the probability that the
defendant Will need some little time 10 consider the
question OF his defense having relation TO tue ni
Tuesday morning Are three days too great time To
give this defendant Tor the purpose of preparation FOR
this trial. l. this trial matter o little cOnseq
Are regulations so hight ana so worthless Ia TINS com
muulty that they are not 70 receive under any
stance OF than three days for the
preparation Of the trial. submit, your Honor, that
the suggestion which We made OF Tuesday morning is
one OF fairness ard Of reasonableness
Mr.. alertoa-My proposo1' / answer, IL made In
side who has just addressed your nor knows as
well as GO. and If am not mslnforined, better
tam nothing which Will surprise his client He
knows just as well now what 1t Will contain as he will
know alter he reads 1t. although he may spend three
whether think he will be ready on Friday morning to
try tnis case with bill OF particulars served Thurs
day NIGHT saw no. do not thin. he will be ready on
Friday morning OF this week; do not think he viii be
ready Friday morning of next week, or on Friday
morning OF auy week in tho calendar. That is
answer IN proposition. Then he asks again. is rep
utaton SO worthless and character OF little value,
mat three days cannot be gwen for preparationf
ask him n character not OF such value as 10 make II
necessary and dosirous to avail himself OF the earliest
possible dayto Try this easel Why postpone 1t three
DAYS. three no Irs when the opportunity Is rendered
to HIM 10 try this easel Now II the Court please.
mean 10 follow this thing up step by step every
occasion when is presented TO show desire try
mean to postpone it three days. nor two DAYS.
nor one day If we We can cam possibly and prop
times and at all places to try this case. We hope aud
trust your Honor will set II down for Friday morning,
this reason, II for no other that perchance 10 bill
of particulars VIII be ordered, and not ordered unless
there another appeal and we have got TO travel TO
the Court Of Appeal the may be tried then without
further delay. because bill OF particulars will be
intcrposed to throw any light on the subject; and
although the chance might be very much against such
decision rs have suggested, yet with those chances
[ suggest Friday morning III order that We may
the trial Of this case ana In view OF the fact Of
Thousand jurors
Mr. Tracy Gnerrnptne)-Tnats 1t; drag them In.
Mr. FuilertOn-Yes drag them in-irag them in hats
the trrm When We want 10 try the case they talk OF
drag uI IN jurors. LIT them come IN III the ordinary
course business and be ready 10 this case II no
bill OF particulars Is ordered That Is all we ask and
TANK reasonable request that TIE Court should
sci / down for Friday mOruing
Judge Nelson-I am inclined TO think Friday morning
htte too early. The objection 10 Saturday Is that
might have part OF the jury impanneied, they
woad separating and be at home during Sunday
therefore II would DO moro wise and prudent take
Monday morning.