The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-28
TAMMANYS TRIBULATIONS.
The Injunction Argument in the
Supreme Court
WIGWAM AFFIDAVITS
Politicians "With No Healthy
Political Status"

The Chamber of the Supreme Court, Gen.
eral Term. was thronged yesterday afternoon with
many of the prominent members of the Tammany
Society. The of this gathering of 1.-THE
braves" was the fact that there to be an argu-
ment before Judge Barrett in the famous injunction
case. entitled on the papers of the Court Hubert
o. Thompson against the Society of Tammany,
Columbian Order. in the City of New York Among
those present were exGrand sachem schell, sachem
Tom" Dunlap. Coroner woltman, ex-sheriG
Conner. Winskinsky J. d. Newman, Secretary
Joel o. Stevens ex-Alderman Tuomey. County
Clerk Gumbeton, Nelson j. Waterbury, ex-
Judge Thomas Ledwith, ex-Judge James G.
Spencer, Mr.. Edward Jacobs and many Of the less
prominent members among the rank and file
of the city democracy. The proceedings rather
dry, legal and technical. Here and there very
little bubbling spring of humor in the Sahara
desert of lawyers talk, as for instance, when Mr..
Stevens described the FIVE thousand members of the
Tammany Society Of different and diverse political
creeds and faith. The majority however. he said
were members Of the democratic party; yet large
number members of the republican party and
still another portion had healthy political stains
position in any political party. but processing to
be democrats, they usually coalesced and united with
the republicans against the democratic party.
The latter part of this sentence brought out
ripple Of laughter and was thoroughly enjoyed as
good-natured hit at tho plaintiff and his friends.
Another occasion when the Court and audience
smiled audibly when Mr.. John d. Townsend.
of the defendants counsel. endeavored to make
the point that if the meeting of the Tammany
Society that had been the occasion of all this trouble
had been advertised in the HERALD there was no
to believe that the plaintiff and his friends
would have it. Mr.. Townsends argument of
this point brought to close amid the laughter
of those present by Judge Barrett holding up the
obscure trade journal in which the advertisement
did appear and asking If there was any reasonable
ness in comparing newspaper Of large daily circu-
lation with that
The counsel for the plaintiff were ex-Judge John K
Porter and Mr. Thomas Allison; for the defendants,
Mr.. vanderpoel. Mr.. John d: Townsend and Mr.. F.
f. vandeveer.
Mr.. Allison opened the by stating that this
was o motion to show why a temporary injunc-
ton granted by His Honor should not be continued.
restraining the Tammany Society from initiating lat
members. The plaintiff claimed that the notice OF
the meeting at which they were elected was not duly
published, required by the bylaws Of the associa-
ton.
THE AFFIpAvITs
He then read the affdavits of the plaintiff and
Edward H; McGurk. already published in the
HERALD. also the affidavit of Mr. John Y. Saw
more than twenty years member of the Tammany
Society, and had also held the Office of treasurer and
that he depended for notice OF meetings upon the
publication in certain city evening and morning
papers. He added that 'the pretended meeting OF
the society candestinely held December 81. 1875
at which it is reported large number of persons
surreptitiousy elected members" he did not
attend because he WIS not able to nd that any call
he saw copy of a weekly trade Journal in which
call for the meeting was published.
Mr.. Douglas Taylor, in his affidavit. stated that he
member OF the society for over twenty-five
years past that he a sachem for about ten
terms that had been the custom Of the society for
papers the call for any meeting of the society and
that two daily papers had always been selected.
Mr. Casper G Guilds deposed to similar custom,
John J. Delaney. Il. p. Gibson. John Tyler Kelly,
Daniel O'Reilly, Henry P. o'Neiil. W. NJ 0lnne.
James G.. Brinkman. Constantine Donohue, H. j. Hal
pin, Washington Hadley. James Maxwell and John
An additional affidavit of Edward II. McGurk was
meetings Of the Tammany Society, both Immediately
preceding and subsequent to the alleged clandestne
meeting, were advertised In two daily papers
TAMMANY REPLY.
Mr.. Townsend read the affidavit Of Mr.. Stevens,
who deposed that he had been secretary Of the Tam
an critically examined the records and bylaws for
provisions relating to the holding Of meetings Of the
new members thereof. The affidavit then sets forth
the bylaws referred to and says:-
Augustus SchcIi the Grand sachem Of said corporation
nsn hs ssd q SSa p
lap who saehems q said corporation and said Angus
fus Sche CrAnd Sacnem, which writing was IN words
signed in the form from the following
iio il' &S peSsr1 scHr1r, Grand sachcm:-
The undcrsgnsd sschens request you to call special
Tuesday inst at half after The setting of
the sum- Respectfully Hmm KELLY lafftMplErox
x... ~. go. %hSS? s F fS'N
Mr. JoEt O. SrnvKxs Secretary
srpPursuan, the above request will please call
Order Tuesday sst inst half an hour after the set
''"S VI ''' sum- AUGUSTUS sCuELL, Grand sachem
That he selected tho trade newspaper mentioned tho
publication q said notice without d,ca.on SUGGESTION
70 aud that secretary he has always selected
the newspaper or newspaper. In which to print and publish
directions requests any odcer Of the society
psrS p"S.r tho %
ing .sd and has .way acted aBoa hi. Ssn
ton Of The or which to publish
ton Of the notice referred .ad
ssmSs' ISIS lie further say.
s' .ssy o oss or Ss % %. s
ssss notices q tie meetings o. !. h., sssy |.
tor ABOUT past such has caused
OF them that during the said year. he has caused
The said notice, TO Be printed 70 some nswpapsr asshsd
and tina; herssocrs aud prsvos. 70 about 0ns year last
% to S the plaintiff IN aeses that
S%S sy. him spsea notice 81 .ns ms Of
b, called aud held or that he .oad give MN any notice
usual notice BY publication given 80 all members Of the
society. according to the by laws OF the society.
MEMORABLE NETTING.
Dcpouent further saith that he attended said meeting OF
said society defendant held % the 3st December iss
that In point OF numbers there thirty members
present and among them four I've OF The sacems
that said members present ~ said meeting wee about the
number usually attending the meetings OF sad
society except extraordinary occasions meetings of
the snme that during the year 1878 no less than hrce
OF the meetings OF said society were adjourned for
the want OF sufficient number OF members to
form a quorum, the presence Of thirteen members
being necessary TO form quorum for the transac
Of business Dcponent further saith that he has
OF attended several meetings II said society
defendant during the three which greater
number OF members we're present than on This occasion
and yet large number Of members were elected
That the 18th day OF February 1875 special meeting
of said society Of defendant held which
thirty members attended and dcponcnt presided and
the principal business OF said meeting the election of
members and 49, members then elected,
among whom was the plaintiff In this sctisn.
Mr.. Allison replied to this affidavit In IN earnest
speech setting forth the Law and facts of the
ASKING FoR DISMISSAL.
Mr.. Townsend followed and urged dismissal Of
the injunction on the following points -first-That
M a. action wi shown he plaint