The New York herald., 1874-11-28
THE KELLY-HAvEMEYER SUIT.

The particulars OF the suit brought by John
Kelly against Mayor Havemeyer growing out OF
the letter published by the latter, animadyerting
upon both the ofiicla and political career OF Mr..
Kelly, have already been published In full In the
HERALD and, therefore, do not require repetition.
Like most suits this OF course has to yield to the
..aw's deays,n and is slow In reaching trial.
Meantime. usual in such cases, the opposing
counsel keep up an active fusilade OF counter
motions in the courts. On behalf OF Mr.. Kelly
notice was given several days since OF O
motion to strike out certain portions OF Mayor
Havemeyer's answer as irrelevant and frivolous.
The argument for this motion was set down Tor
yesterday in the Supreme Court. Chambers, be-
fore Judge Donohue. 1t was after three O'Clock
when the case was reached on the calendar, and
there was the general expectation OF prolonged
argument. Very short work was made OF 1t,
however, as will be seen by the ensuing report.
MI. Wngate, OF counsel for Mr. Kelly, as soon
as the case was called, rose quickly to his feet
cleared his throat, ana VAS evidently in readi-
ness 10 talk at great length.
zone moment II you please,n interrupted Mr..
Waterbury, counsel for Mayor Havemeyer. II
wish to raise preliminary obJection.n lie then
proceeded to give his reasons way the motion
should not then be heard He began with reading
the affidavit ol Mr.. Wlngate upon which the order
10 snow cause had been granted IN the case. He
claimed tnat IN section 46 OF the Code special
reason should be gwen by counsel why such order
should be granted, which, 8s he alleged, had not
been gwen. II was Claimed also That proper
say that the manifest desire OF the opposing
counsel was to have the matter come before
judge OF their own choosing. As for himself he
was as willing His Honor should hear the motion
as any one ese bur he did 0nJect to this bold at
tempt on the part ol the opposing attoraey 70
present motion be denied without prejudice TO Its
renewal at proper time.
Mr. Wlngate essayed reply. but had not got
further than ''if Your Honor please,n when Judge
Donohue brought him to sudden stop.
Il see there is an objection to my sitting as
jadge in this case,n spoke up the Judge sharply.
IL snail be heard before another Judge on Monday
next.n
Mr.. Clinron-ssMay -
81 nave disposed Of the matter,n said Judge
But desire to inquire as to the placing the
case on the calendar" persisted counsel
II Will give an order that the case De placed at
the head OF Mondays calendar" replied Judge
II wish 10 be understood" remarked Mr.. Water
bury. "that 40 not OBJECT TO you as me Judge.
al think otherwise from what you have said"
replied Judge Donohue: "at all events have dis
posed OF the matter as far as am concerned.
Will only add that overrule your objectlons.n
Upon this announcement the counsel picked up
their bundles OF papers and left the court room.
The following extract rom Mayor Havemeyer's
answer is the portion for striking out waich the
present motion Is made:-
I pd sss; tina, a. % m %s q 3
power e certain society Or corporation Known
owner OF a certain buidins Known as lammany Hall.
Tammany Hall General Committee, constituted by and
under the direction OF and absolutely controlled by the
plaintiff and aid Morrssey, and deriving It's influence
and authority the exclusive political use and
patton OF the said building by and through the of
said society corporation and especially OF
said General Committee known rs the Committee
ORGANIZATION of which the plaintiff then ana is
yet chairman and manager, had usurped and were ut
the Of the publica ion OF the SAID letter and
losg time prior thereto had been assuming and
exercising important public functions-to wit the die
tatng OF the nomna ton OF the to be elected
the Offices to be filled by the Of the electors
of the said city and county ana OF the various sub
divisions thereof and also. either directly and
through the agency the said Committee Organza
lion, the debating attempting 10 dictate to various
offices Of the said city and county, judicial and admin
isratye, the persons they should appoint TO various
Positions 10 be filled by them that such usurped fdnc-
mons were and are contrary TO public policy sqbversiye
c The laws aud institutions OF this State and dangerous
TO the public welfare that the defendant, having
CURED knowledge OF the facts stated in letter here
unto annexed marked b showing that the plaintiff
therein orth and the dei liant being the Mayor OF
the said city and county, and specially charged with
the oversight OF the public and the plain
having usurped ana assumed and being the
the pubis fuRcons aforesaid, ii became the duty of
the defendant 10 communicate such facts the public,
and that in the performance Of such duty and other
tie said letter ncreunto annexed marked 'B,r
was written and published.
The case stands over till Monday.