The New York herald., 1875-12-21

vOurI UnanDers before Judge Brady and owing TO its
unusual character there unusual interest manifest
ed in its argument Mr.. Henry II. Morange, who made
the motion stated that it important one
and the papers volumnous he would like to read them
all Judge Brady thought hardly worth while 70 SUD
NIT any such infection, and told the counsel that
all that was requisite state succinctiy their con-
tents As the Of the important nature stated
he should certainly before giving decision read them
carefully. Mr. Morange then procee9eu ~ sla'e
that his motion was 10 compel Jonn >, Freeuman
Justice or the Superior Court 70 settle case according
TO the facts OF the senographors minutes and which
Judge-Are there any precedentsS
Mr. Morange-Yos In the thirty-hfth OF Barton there
Is reported a case to compel referee TO settle.
JUDGE know; but that has not been sustained by
Mr. Morange-Then there Is the act OF 1873 by which
the General Term can compel justice Of this court TO
do thing he ought TO do
Judge-They compel a settlement Of the case; but
settlement in a particular way Is another thing
hr, horange-I asked him TO settle II according to
the stenographers minutes, and he wouldnt-wouldnt
settle II at all.
In five minutes sir What object TO here is reading OF
jurors afldavts affecting their verdict He can't use
them
Judge-That has been settled. That objection pre-
sents the whole
Mr.. horange-It does not Sir.
Judge-lt does
Mr.. MoraDge-n does not sir. Allow me to state
my case
Judgo-Go on and state your case.
Mr.. Morange then stated that the action was brought
by his client to forecose mortgage, and Judge Curtis
sent three issues TO be tried. The defendant, +. B.
Hegeman, raised the defence of usury. The case was
tried before Judge Freedman-''the Hon John Freed
man." said counsel, correcting himself The jury
found "No" on the first two, but on the last twelve
mon sodly in body rendered verdict for his client
Now, said he held that the charge erroneous
and when the Judge hoard the verdict he said, with
angry tones Gentlemen, II takes thirteen men to find
q verdict in my court.h then knew Ii verdict
for my client He refused to let the verdict and
ordered me TO sit down Then tho jury swore to II.
Judge-What was the verdict?
Mr.. Morange-Let me get TO the end OF my story.
judge don't want you to get to IT,
Mr. Morange (sttng)-Then will sit down.
Judge-No, you will stand up.
Mr.. Morange (risingl-rhen they went out under his
command and found verdict for $l1 100 on that bond
aud mortgage
Judge-I Will hear the stale" after recess. Q4augh-
teri
After recess there further discussion, dur
ing which Judge Brady spoke of Judge Freedman as
most careful, painstaklng Judge, against whom he
never heard anything.
Mr. Wagner for the defence quietly argued that the
Superior Court has sole control OF the No court
issue a mandamus against another of equal rights
and court should interfere with the practice Of an
Judge Freedman but OF the gentleman himself The
gentleman should have made case in Special Term.
The trial of issues not penal trial Judge Freed
man had interest in the matter whatever That was
the whole case
Mr. Morange-Does Your Honor understand my case
Judge Brady-I have understood your case long
since
Mr.. Morange-Then will subside.
Judge Brady took the papers, reserving hts decision