The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-01-05
THE ERIE CIsE DIVERsTFIED.
Judge Brady Constraincd 90 Administer q
Hebuke to the I.nwyers

The discussions OF principles of equitable
rights. and the raising of nice legal distinctions
| before Judge Brady for three days on the mo.
| tions in the Erie suits. were diversified ycster-
day by a controversy among the lawyers and a
thrust at the Court The controversy arose
from Misunderstanding Of three motions that
had been placed on Judge Brady's calendar and
had stood over until yesterday. When one Of
the motions was called. Mr.. mcfarland called
attention to the fact that some Of the motions
appeared on the day calendar OF the previous
day as having been heard They had not been
heard. he said. and he protested against the
cases being marked heard" When ex-Judge
Green said that the McHenry petition was ono
OF the matters that had been postponed to bo
heard with tho motion before the Court. Mr.
Macfarland denied II. so far as tho other
tinued, one OF them was before your Honor
Yesterday morning"
heard he gsPtieMTs9l Msslof seS nj o. to mark them
Green retortcd. with warmth Of manner. You
probably marked them, heard yourself"
By this time most OF the lawyers in the case
You have not the slightest foundation for
the sttenent that We marked them as heard"
more, sub,tued. withdrew ii then" " wa"
portunit TO explain. then said; II found one
OF them marked heard and It appears TO be
marked In the Handwriting q judge Daniels,
and then stricken out"
Mr.. Elihu Root then said that he did not wish
any misunderstanding regarding N" Zaegaii
matter: that was postponed to be heard at the
same me with the otlier motion. and Mr. Mac
farland said that he was no party TO that.
retoItcd hotly.
Tho papers. ex-Judge Comstock interrupt.
ed. We're thrust In Yesterday morning. against
our protest, while this matter was under argu-
mseWR!c" mseW!cc northumberland "Mr Moo,.r,.n,,.n.n
with slow, emphatic utterance tho practice OF
the attorneys on one side. selecting, under any
cirumArnces. particular Judicial hopper"
The ayysTs brSSy G9sd at sgch Sia other UNI
thr speak with look Of amazed inquiry. Mr.
Masiarand. after slight pause, added: / say
that with the greatest respect"
Gen sickles. who had been nervously moving
about upon his crutehes. said yehemently
That sa practice begun on the other side and
contained in the gentleman's rumarks."
=, EX,Jndge Green. looking dcaantly at Mr.
the gentleman means by that" ""''
Mr. MaGiarIlanI Jnige BstdS said, with sever;
the. offending lawyer, who had resumed his
seat
he arose IN his slatelest manner. don't un-
derstand the practice 10 be that counsel on one
Side. without regard to the duo and orderly
In one particular locality nnd use that ex-
preston without intending anything Offensive
by II, and | don't suppose that anybody could
-" i submit TO you in all fairness" Judge
remark OF counsel" that your observation-I
submit II to you. that such a charge In my
presencc il entirely Improper and uncalled for"
Then sir Mr. Maciarlsnd quickly respond.
ed. with impressivenes5. you will be good
enough 70 consider ,5 that l make as profound an
shnll accept the apology" Judge Brady
said, a the same time swinging around In his
chair away from the speaker.