New-York tribune., 1874-12-10

%na mesn 70 o.
the last day when we met hsre tho attention Of tse
did not the defect The proposition was then made
by the paiurs counsel to ameud again upon tho spot
ton that 1t for the plaintiffs counsel 70 consider
whether they would wait until tho trial OF tnis Sasc 80
Your Honor then tSat issue was fairly presented
it became necessary for me to sue out % on 20 70
take testimony. Your Honor will see at once mat up 10
the present moment have not been In position where
ccnd do that No issue is yet presented Ihe pr"per
affidavit In order commission cannot oe ms9o
until that issue is formed supposed when we ieit tne
courtroom on MONDAY last tlat an ora oraer 70 SNOW
ment should not be made. to which snouid nave eau
objection ana thus the cause would nave peen put
position where we could have had an orderly proceou
Now am not disposed to delay the trial Of this
7 wish have tried at as early day as possible
think my friends well informed as am that the
deendan! H. conned to his bed under @ n pny ns
not think on Jury trial. Now suggested ;. 70 ny by
friends method by which al the Ssre " IL
could be tried ut once by taking the testimony OF
Mouon at his house and giving me tne M nesa
ssry will consent TO enter upon the tria oi tnas
Sw%sr OF the CITY Of Brooklyn or SoSYorf
have confidence IN and refer TINS case 70 MN, VIII
ser that the plaintiff may the vndication ut an
early day which she Is entitled and when nope a
consent to the amendment In the peadngs III any way
Judge Woodrnnl-To what day will It be proper to
postpone the trial In consideration OF tho oeehdauss
FsJndee FuIlerton-The defendant 1, suffering from
attack which he been subject TO for two
three years. and the last was last Winter when re-
% He Sas been under the Necessity Of going
10 spend the Winter. This does not promise 70 pe 70
Ex.Judge Van Colt and Mr.. Tracy at onoe put their
heads IN juxtap0sitOu, aid an earnest consultation
began. Finally Mr.. Van COtt replied 1 am not quto
aur nf understanding learned j
10 clearly earn for 1t will influence our decision on tne
r,epd 10 say that the plant would be ustled by the
the In other words he seems to make tne
ton of damages Do understand him correctly that
they not imagine they can offer any evidence 70 e
tabls what they claimed-the evil thng susges'eo n
Mr.. Fuilerton-we have never pretended to that We
have never up 10 our answer ana % r "
we sad-that is that 1t was told 10 u.s. ..,.
~ and tbst Sas been the question upon our
apprehension from tho beginnog aud we are disposed
ae n The Of the ecndant Will Think
be hasteued soon as the case Is out OF court
to prevent the case going on
set" IL we get referee. think we Will accede TO the
so 0f rslsaSs 70
our friend. We would suggest tho name of Mr. BenJa
Ex-Judge FuIlerton-I think my learned friend was
little unknd In tho observation he made tie may not
have Intended IT, but it sounds to and wish to
make remark IN reply. The defendant will not be sick
enough TO pre vent the trial going to-day there Is
referee; but there great difference between taking
single referee to his sick room aud taking IL jurors
The reason made the suggestion was that he would
not 90 subjected the onvenence annoyance and
excitement OF having crowd In his sick room. 1
cept the referee named by the counsel am quite will
ing TO leave the whole matter to Mr. Silliman. While
made this charge with the expectation or
proving the truth OF the story, We only intended TO
prove that it really told 10 him.
Mr. Van Cot-We understand it is part OF the order
that tue complaint be amended In any particular in
which shall desire It. We think we shall not desire It,
FullertOnWe shall not interpose great delay.
Judge WOodrnf-OD the question OF amendment
heretofore raised the Court did not intend at all 10 nt
mate an opinion the plant sufficient as II
stands give the Court jurisdiction to enter Judgment
In the cause was apprehensiye afterward tDat tno
counsel would think the declaration as 1t now stands
meant that TO indicate such suggestion, for
the courts Of the Uq!ed states have with the exception
OF one Instance decided directly contrary.
Mr. Fullerton II am willing the complaint should be
amended any way the counsel may think necessary
Judge WOodruff-Cannot you arrange 1t without the
further attention OF the Court or snail We proceed 70
prepar re the order.
Mr. Van Cott-I think tho order had better be pre-
pared. =. -
Judge woodruf-Aro you sure that Mr. slliman would
act as referee.
Mr.. Van Cott-I have no doubt Of It,
Mr.. Tracy grimy)-Supp0se we say Judge Noah Davis.
ExJudge Fullerton (uristne up)I beg to be excused
Van Cott ~ Fullerton-SuppOso Mr. Silliman Will not
act, would Judge Greenwood suit your
Ex-Judge Fullerton-I have no objection 70 hlm
Mr.. Van Cott-In case We should fail to agreo on
referee it Will. OF course. stand with the Court.
Mr.. FuertOD-Certainly.
Tue counsel retired at once TO the DistrctAttorney'J
office up the stipulation, and the jurors SUM-
moned discharged, concluding the proceedings ID
court