The New York herald., 1879-09-20
WHEELER AND NICHOLS.

THE MAYORS APPEAL FROM JUDGE VAN BRUNr's
DECISION IN THE WHEELER CAsE-AN EFFORT
TO HAVE JUDGE DAVIS STAY IN THE NICHOLS
CASE SET ASIDE
Corporation Counsel Whitney yesterday fled In
the County Clerks office notice of appeal from the
recent decision oe Judge Van Brunt in the case of
Dewitt c. Wheeler making absolute the temporary
prohibition writ restraining the Mayor from taking
any further action for the dismissal of Mr.. Wheeler
as Police Commissioner
1t was supposed that there would be protracted
and lively argument yesterday in Supreme Court
Chambers. before Judge Westbrook, in the case of
Mr. Sidney p. Nichols, on order to show cause
granted by the Judge, why the stay of Judge Davis
prohibiting any further action until the appeals taken
by the Mayor from the decisions of Judpe Vest
brook shall have been heard and determined by the
General Term. should not be set aside Owing
Judge Westbrook having an important engage
ment aud the argument promising to he lengthy
one he adjourned the case over until next Monday,
very mucn evidently, to the disappointment of the
retnue of counsel who present in full force on
both Sides 1t seems thst Mr.. John ID. Townsend
senior counsel for Mr. Nichols, was unable to fnd
Judge Davis, before whom he intended to apply for
the vacation of the iatter's stay. and accordingly
made the application for stay to Judge Westbrook,
who granted the order to show cause referred to.
NICHOLS COUNSEL.
Mr., John D. Townsend, counsel for Mr.. Nichols,
on Thursday evening last associated with him ex.
Judge John X. Porter, when they had disc ussion
the attitude to be assumed by Mr.. Nichols, in
view of the stay granted by Judge Davis. full
statement in the shape OF an affidavit was prepared
and sworn to by Mr. Townsend. setting forth in de-
tail all that had occurred in the case since the issu-
of the first writ. Yesterday Mr. Townsend went
the residence os Judge Davis for the purpose Of
asking him vacate HE order He there learned that
Judge had been absent from the city for several
days Saratoga and Albion. and was not expected
to return immediately. Thereupon Mr. Townsend
made his application to Judge Westbrook. The fol.
lowing letter sent to Mr. Townsend by Judge Porter.
his views to the propriety of the present
application to Judge Westbrook-
New YORK. Sept lS. 1879
MY DEAR Mr. TowNsEND:-
In view of the statements contained In your letter
fully concur in the course In the granting
of orders the Judge of only the
papers before him Ii the entire history Of the had
been to the Chief Justice think the application
for would unqnestonRby have been denied would
much have preferred make the motion before him
the completed proof have the order vacated In
view. however. Of his absence from during his
convxlescence from recent Illness do not
that avoid applying of his judicial brethren
for order vacating the stay which, have doubt
would have been granted by him upon full presentation
of all the facts they known to though the other
side naturally refrained from presenting them
they would probably have defeated their application for
sary the interests of client him
quite we'll better than could. Very truly,
JOHN K PORTER