New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-12-08
M - oRrAINs 4 RESpITF.

A STAY or PROCEEDINGS OBTAINED FROM JUDGE
DYRNAN, WHILE JUDGE BRADY Is CONSIDERING
THE MArTEE-APOLOGIEs or COUNSEL FOR TIE
APPARENr nISCOURIEsY
The cx-prcsident of the Security Life and
Annuity Company. Robert I. Case, was granted Ie-
spite from immediate imprisonment. yesterday The
friends OF Mr. Case have been uuremtng in their efforts
10 save him from Imprisonment; and when hafed IN one
court they have pushed their application TO other courts
JUDGE Davis ovorrled the motion for new trial and
arrest ofjudment. and subsequently held under advise
mcut for five days the question o. stay OF execution
which, for five DAYS, prevented a removal TO
Sing sing. On Wednesday Judge Davis allowed a
wit OF error without stay OF proceedings and appca-
ton was made to Judge Brady for stay When court
opened yesterday morning, Jadse Brady stated that ne
would defer action the motion for stay OF proceed
ings until after soon after the noon recess A. =
Sullivan OF counsel for Mr.. Case served on Mr. Sparks
clerk Of the court OF oyer and Ttrmiuer the following
order issued from the court in Wcstchesicr County;
1t appearing that tho within writ Of error was duly al
lowed nv Judge Davis. ana that There exists ground or
review do hereby order that all proceedings herein Oe
s''' 'u U'''' - ~ J. O. DYEwtS. Judge.
Iwasa matter Of surprise TO the members Of the Bar
hat judge Of the supreme Court should issue such an
order while motion pending before another
court Of equal jurisdiction, and the general opinion
vaS that 60 power mat should oe cAcrc sea oul
ioc.rce stated tat there were few Instances whore
THIS exirlort.nlry authority nd been eAcFc!sya III
stance Of a., Huj in cases OF felony. At the
q, enu- OF tHe afternoon session. TIE clerk announced
10 JGdge Brady hat the order OF Jdte, l)l hm3n
had been soIV and hc ordered 90 cely the iaCt
10 Tn lcl-Shcl Cummings. Judge Brady took no pu9hc
notice OF tac ORDER bu U private ccnyc satlon win
TrBNF reporter Boz said that from what Ee h2d been
news claimed That BE had either been informed or under
stood that Judge Bady had refused STAY oi proceed
ius and tllf Doc then went before Judge DykuGn, ana
on his presentation OF facts, obtained stay This
exclamation satisfied Judge Brady that there
was ~ intention OF putting slight upon
him nv taking the matter elsewhere. IN antcipa-
ton of an adverse decision by hun, and 10 public notce
was deemed nccrss nv Mr. Sparks, tnc clerk. SAID lo
the reporters that these rural judges appeared to think
That tuey knew more ABOUT such matters than city
judges ana they could 0o persuaded easily 10 issue such
orders. -
Later in Che afternoon Mr. Sullivan appeared With Mr.
Morse, MY. Wu>!iEs partner before JGlge Brady ana
stated that Nr. Morse had acted Gudcr& mlsarpclen-
sion in applying to judge pySman. Judge BRADY lc-
Piled that ID seemed 90 him, ID a' We're the case 10 was
proper FOR counsel 40 once 20 apply 90 Judge Dy bu3n 10
Vucato the STAY. MI Rollins began 60 speak with some
warmth but was checked by Judge Hrady Ir sullivan
assured Judge Brady that The motto Doe suggested
would Doe made Th. leaves Nj. so' caUuS OF course
free to the motion Go judge 10y Amau should Judge
Brady deny the stay.
a,r Case received the Intelligence of the stay 81 pro
ccctiuGs with Coy, and the m.L.Nci OF his 1a1Il Who
were with hin NcieiuuCh cacd Nj Case declined 30 con
verse the subject, saving ilG hc was entirely n ic
hands or ns council ana acting under thtr advice. ilc
expressed hciti Chat, ulOu review OF Tie CASE uc
NOuld Dc granted a new Ilu.