New-York tribune., 1874-11-28
LOCAL MISCELLANY.


JOUN KFIIY'S LEGAL WARFARE.
, ,,oroS tn sTpIKK OUT PART OF THE MAYORS
.xswrp-u,DGE poxoHUE DECLINES TO HEAR
THE c,sF uIMsTLF-MR. wATERBURYs ANSWER.
The appearance of eX-Judge Nelson j. wa
,arhurv in Judge Donoues Court yesterday Indicated
mat the suit OF John Kelly against the Mayor might
oome up and sure enough. later in the day Mr. Wngste
onA Henry L. Clinton came IN, and all seated them
selves drew out briefs, and waited patiently the close
OF tedious then in progress. When the suit was
Ana,y called Mr.. Waterbury had stepped out but his
clerk requested the Judge TO wait moment. When
Mr. waterbury returned, Mr. Wingate rose to make
motion 10 strike out certain portions OF the answer as
immateria ana irrelevant.
Before hc could get the words ont mrWateroury IN
terrupted him, SAVING Your Honor. have prelimi-
nary objection to make TO tins motion, and read the
affidavit on which your Honor granted order TO show
cause why certain portions Of the answer should not
be stricken ont the foundlon of my objection 1t Is
Mr Wlugdtes llavt, which he il anxious to have
an early trial Of the enGaEements of himself
and Mr. Clinton; bat by the l0ih rule, which has under
the Code the force OF law 1t ia required that II party
desires shorten the tme for giving notice OF motion
lie shall do upon affidavit stating special reason.
THIS al lavt states no reason, aud is mere fraud
upon the Ccur and an evasion OF he law. 1t preends
20 say that tAe because II he notices the case
for trial lie valves Objection. He notice the case
Tor Trial any before Dec 81; therefore it is
no reason for tie granting OF order 10 show
cause that he wishes TO notice the for trial.
because he do it that day, and that gives him
abundant time give the regular eight days notice OF
notion and 20 put his cause upon the motion calendar
or the hgst Monday OF Decembor. AgAin the 46h rule
provides that attorney shall state as he has utterly
icd 10 do here when the next Circuit in this county
Will be held. Your Honor undoubtedly knows when
the next Circuit VIII nc hel but If tine fact had been
put IN the affidavit 1t would have called your attention
10 the yogy objection make, and 1e omission TO put 1t
in is certainly fatal to tho hearing OF this application
now Ii merely afi iavt that the plaintiff
desires 10 select judge before whom he shall make
this motion. NOW, would have tho motion be-
fore your Honor any other JUDGE hut We do object
10 this bold sttemp: the part Of attorney to
trol this matter therefore ask that the motion be de-
pled without pre- ojJIce 10 the plaintiffs 10 renew 1t on
proper notice"
Ju.ge Douohuc heard this speech to The end without
avori OF interruption. bat with peculiar ah. see"
sort Of EXPRESSION lis acs. Tie moment Nj Water
bury concluded lie waived as hand peFempsory to NJ.
Wlueatc. who Was about 20 make sharp reoinder TO
the Extraordinary OF ction," he termed ii, and
tlen said raup,'y " TN, order was properly granted
1yfrvIoy, rent to o,jec; 10 particular Judge to
jury. 1crv will be another Judge on Monday VINO VIII
'aos.'s'il Tr. Waterbury with dorrecatory smile,
"wo d'n't oiJ"ct to Nou" Honor. al all 49,
Jl.-c DO..Auc-It Is slmpy an o-JccdOA 10 inc
ucrc Mr. wncste and Mr. Clinton both began TO reply
g. the Oco Ion Of MI Waterbury, but Judge Donohue,
vita rr- d-muCs. sid: "IGa VIII do, seotemeu no
argument is uttl.I. ! have already disposed OF tIs
matter. Il W.i. slant adj 5urned until MOuGav."
Nil Clinton asked Jad-t DDnohua # he h.mS' would
n0thlar tie today, out tue Judge refused, aud
~ Nr. Watcr0urv's remark th~t he should make the
slu.e objection before auO,h.r Judge Judge DonOhue
saI: - obi tl.. s., Is OVerrutd. Iut CltIk WiI
that At tue head OF The calendar for
Monday" ,
Tc counsel then lert he courtroom. The motion that
W.. be made H1ud.y Will DC 10 stIlAc Out certain
portions Oi tho answer.
Nelson J. Waterbury has served upon Mr.. Kcly's
s'jOtucys his in the libel sut brought against
himself. After admitting hat he wrote ana sent last
september to Joseph Warren, then Secretary of the
Democratic State CJmlltle Ia; telc>Iam IN reference
& the forthcoming CNpO5ItcS. ana also mat Mayor
NtycueE or auu himself Wrp.e Two letters when dI-
l-itc IN ana tX,!ac> from winch are embodied
complaint DC denies that the telegram or either
letters false rrsp>ct 10 any OF the matters
stated DO comp ut. H. also dcucs that ans thing
contained ia tie Lctg.lin OtItr oI tAc letters was
N..'t.L published wan Nante toward tAe pHultIH,
fOY ans purpose Ui revenge; DUt he admits tat WI
liam }. u tVCMtycr having been greatly wfOngei by
tIr ID. one 81 the lct.crs was written au1 pup
lshe U-T sense Ol suCa WrO.-, anu mat Such nSe
WRONG lGturay influenced lie * reHsIJus contained
u Sc. uy admits tnat nc "a sisted Mr. haYcmeyer
IN the p,I ttUn dut publication o. thc Ioter ana ad-
yI>,I L.iI . a. Wd3 ui- uGty mako such publication;
but hc eLc~ thst Ils art III rs prepare on aud pup
Ir1t.u u.ci u trOiI personal uu,hp lO' MI,
haycui"vcr 10 ms Request, AMI hecaue the dtchHant
Iud -lIut az uiJ Isl attempt Oy tAe palnIA 10
l4JIre aAu uia-.~ee tic 1i'! o.