New-York tribune., 1874-12-28
THE SCANDAL SUITS.


the Brooklyn CITY Court 'lust Saturday morning. The
order to why bill OF particulars had not
been furnished Mr. Re chers counsel was returnaDie II"
10 o'clock At that hour b. f. Tracy and T. G. Smear
OF counsel for Mr.. Bcecher appeared In the court
room and wcre quickly followed by Wm A. Beach, cx'
Judge Morrs and Gen. Roger A. Pryor. OF counsel Tor
Mr.. TltOn The plaintiff was not present. Notwith-
standing announcements by the press that there was
to be another argument nihe scandal case ihcro were
few spectators present The proceedings were openeh
by Mr. Shearman and after heated discussion between
the counsel the order SNOW withdrawn and
1t agreed that the appeal from the decision granting
the bill 1f particulars should bo argued to-dAy.
Mr. Shearman-H your Honor please, we appear 10
accordance with order show cause, that we OBJ
tanned reurnabe this morning, requiring the paintin
to show cause why the order for tho bill OF particulars
be enforced mpon atIdavts showing that he has not
served the bill Of particulars within the Time rt!ueI,
he appealed he has obtained any stay OF pitcecd
ings and that we have been unable TO come 10 any
trouble your Honor, however with reading these pa
pers but will first read the stipulation which VIC serVeu
CIT Couar OF BnookLix-TheOtOrs Tlon ag Henry Ward
Please take notice that in .9o'.; % 2; ,fne
I s ST PfSs @ % Convened Gn s 1'Ii 3
s.Gaf & 70 hs ssuT'S S.S fS sa Dee Ss vs. ' Inc 70
sec that all the counsel who were expected to DO
present the appeal are now here present and II may
be that tho gentlemen the other side are prepared TO
accept tins offer, and IN that case shall not trouble
Your Honor with the motion that we desire to make
now except to have the appeal promptly argued ana
disposed Of and to take the ruling OF the Court upon
this question OF particulars, whatever that rung may
be- and upon that ruling we propose 10 go 10 trial. WIN
or without the bill OF particulars We shall take the
decision Of tho G0aT upon tina. poh a aaa sasosU eU
have thing to on the question or our proposition
for Immediate argument, shall not open the otner
Mr. Beach, was not aware OF that stipulation until
this G%S % "a S PTU Of the a ssuer
appeal nus II today Resardns shis THIS motion
have adopted that rl OF process or tactic, shall carry
IL out tho end, and wcwi see the result Of It. o,
whether souo day hex week Will be convenient to ar
que the appeal before tho General Termi
in the aidavit winch presented by Mr., shcarman
In all good faith, sir, aud with purpose OF eXpeutnS
the result Of TINS MATTER last Tuesday told the gentle
man that would be prepared to argue that appeal.
The Court-Now allow me to ask you to suggest
Sir Beach, shall make no suggestion, shall enter
into stipulation in resard TO TINS oon sa ynr nor
Honor make upon this order to snow cause IL IT
satisfactory to u.s. we shall obey III II ID not Sa'
Mr. Sheurnau-Ihe learned gentlemaus apeecneS IN
this Court always contain important and singular ee-
ment lie is gentleman learned and experienced; he
is spoken the senior counsel In this case Sir We
an1ser sen;en senteen asocatS With hun We lot him
see every paper, We inform him immediately OF every
OF every step that taken IN the cause and we
do nothing without Ills advice but the great burden OF
complaint the paci of the learned gentleman oppo,
Is that he never knows what IS done he never sees
a copy VI tho papers. II is true, Sir he Is never con
q with 10 auythDG thaC SHOULD Do dOne anu
Sir Is not thai sufficient to all his complaint
that We did not tako his proposition Of Monday
him as 70 matter Of fact which he is asserting of
the papers and IN all IT, length ana breadth IN al M is
uttered upon that subject he utterly incorrect aud
untrue. .,r,,,rxr
say is untrue think is not easy to take out OF the
memory OF the Court what has just been sad or out or
preseuce sr the first thing that the gentleman tpd US
when he he said that he was not aware or TINS
written stipulation 1t was served upon Ills assoc ,its,
the guar attorneys the cause on tue SAINT day tnat
the order to slow cause was served ,
''S Wr Snearnan-But the gentleman has not been ab-
sent all the time. We generally take pains to send tn
our senior counscs residence Our senior counsel has
been aOsont on scveal occasonsLii tne time except
ON holidays; and then we have taken pains O send 10
his residence Inc gentleman stated rs reason why he
prepared a hat n the d to not b Gsen M Ss TO
peal. and he Is not therefore ready Whose fault Is nv
tesv thar We cam And does not this throw great deal
of light upon difficulty in which ind ourscyes
could be able 10 argue il on Monday next We thought
Monday too long tue, and as our Honor Know
tried to get thus order to show cause returna3le
on Thursday, order 10 have this disposed OF immed
us he was ready to argue it MontIy lie assured
that Mr.. Norris would be ready to argue 1t lmmed
ately-or that Mr. Norris would be abel to argue it, ,
Mir Beach, made no such assurince told tho gentle
m,uand have an affidavit prepared 10 o. tnat ehoet,
Tat so far as concerned had no interest or desire
10 present at the argument OF the appeal ana siOad
Mr. Morris without the presence Of other counsel and
begged him to assure Mr. Morris that was quito will
ing consent TO that arraDsemeht II u met inc 'ie"s
OF my associate counsel
MI SnearInan-wi Inc gentleman dcny that he added
IN that no was Mr. Morris would consents No, Sir
That what the gcnt!enan said that ne was sure Mr.
Morris would coDscnt ana when asked me gentlcman
IN give Inc a iuo Mr. Morris recommending nan ~ DO
'usi Mr. Beach-It the counsel will permit u,-,-, me-
Mr. Shearmau-Thi5 Ia all stated in ainavit3.
Mr. Bcach-Ho 1t is not Ill stated in afi layit1 am
sorry Your Honor peisc TO have 10 offset recoicc-
= md
denial of language attributed to me- 0ut nave not
the slightest recollection that assured Mr. Shearman
that Mr. Morris would assent 10 that Arrangement.
did ascuue to make tho ARRANGEMENT, anu omly
Mr. shearman-Wcll. your Honor. must take my
stand on the affidavit, an affidavit which am willing to
repeat here. There Is no question aboutit. =,
Mr. Beach, must ask permission to present the afll-
swer TO Mr. Shearman's affidavit, and explain this
among other points OF naccuracy in tue aiiavt upon
| which his ORDER was granted.
The Court--Mr snearmIn see II can be
full with you tnan was with Mr.. Beach. Suppose tlat
tins order 70 SHOW cause stand over Tor Week. which
Will give The counsel upon the other side an opport
nifty to argue tho appeal ut any time during the week
Mr.. Beach-will your Honor permit mo to state-0f
as suggestion by the court will your Honor permit
10 say that, far as am personally concerned and as
long as this order to show Is held over my head In
nImidation for the purpose of forcing
of acon will not consent 10 argue the appeal lhave
given my assurance to counsel and to the court aud it
| is supported Ia an afiidivit.
Mr.. shearman-Here is another singular proposition
of learned IL lS only atnpllucatlOu OF
his former statement that no Will not consent to be
driven. We make stipulatiOns Oh our side aud we
stand by all stipuatOus written verbal but 1t is
utterly useless to get assurance from the Kentlemen
| on the other side, Decause-
Mr. Beach-Does your Honor allow imputatlons to be
made upon counsel that they are dshonorable In yola
| Ing their stipulatiOns.
Mr. Shearnan-NO. Sir, you are not dishonorable you
are far from It, No gentleman Is more honorable.
The Court-Mr. Shearman will you Withdraw this order
to show cause, entirely
Mr Shearman-We will do that. your Honor, rather
than run any risk about this case What We want Is
speed.