New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-06-04
THE COURTS.
IN p,rvaTED RAILWAY SUIT.

LIZ
kuE MOTION FOR RECEIVER FOR THE MANi'N 100
cnvp.xy NOT ARGt-Ep-MR. CoNkLNd Doh0
NOT COME :,;r,
"Uos Mr.. Conkling comef' was an inquiry
80. 80, an all sides In the corridors OF the Court
r,o,sa Yesterday morning. The argument upon 'ho nv
ttop for the appointment OF receiver tof the -u"i
Railway Company in the sint instituted ny ""''",'
r,erernl Ward had adjourned until noon SeS'i'
~ that senator Conk,ing who was to appear TOT inc
.tockhoders might be present. The annouheO"'"' -
o., incoming napcrs that he had come from Albany !"
eh,s CITY the night before accounted for the genefa "
recitation OF his arrival Whatever other feehhs "nN"
be manifested toward the ex-senator there was Ho w.
sion about the curiosity To see him. va
Jrs,,ce Donobue before whom, the notice was 10 DE
arD,ed ,ook M tho regular calendar at ii oeiooh' "
euprene Court, Chambers, and whue e''" 1,
60. ,rera aroied the room hled up ralluly' lno
couns,l however who had appeared on 'he ino'o" 90"
heen told that 1t would he heard IN far' l. anu
Ingv took their seats there David Dudiey flc'u' 'o
z Porter and Grosvenor r. Lowrey appeared TOT inc
Manhattan Company; john j. McCook TOT tue S'o'A
ho,ders and John C. Carter for the bondholders. MT
f,ontlinv did not come Attorney General warn an"
Burton ~ Harrison appeared for the people Inc sivo
tators 10 slowly filed up the ROOM closely sc"o' o
Iaoes of counsel without finding the lace tne! Gam" W
,o-. ,roo,
When Justice Donohue came in from ChaulpeTe si'"
thrcng followed. rudcy jOstling Its way Augustus
hel IN the thickest Of the crowd, cruelty pushed
like one OF the common multitude. Snn MT 'onA'"s
aid not come Justice Donohue inquired II inc ooun'0i
were ready 10 proceed Ready for the people To
spondcd both Mr.. Ward and Mr.. Harrison rroce'"
shen sad the Justice EXJudce Porter slowly ristnH
said In low tone stay OF proceedings mas oech o
sa,ned from the General and served upon counsel
attorney General Ward with legal paper I'D ni'
hand and his manner ana words sho"e" 'ua' nv
angry He said IL have just been served WIN nus
.~,rsordinary order granted by the General Term OF
nd
IL B. II purports TO stay these proceedings p,"''
,noon onpcal from an order made on previous appho"
e,on Now n the Court please, this suit mas oeeh
brouOh, he the Attorney General on hehan OF te Peoo
In accordance with his scnse OF duty. o,,. ,,o
insticc Donobue interrupted him " One moment' Inc
General Term IL superior ana nnuHt out! Il. my
stay has been served ana eau '"Ae Il" "
sil that ia disposed Of" - 49, ,,o, ,ba A,
M ward went on &" was ahout 10 say that 'he Al AZ
$ornev;,nera had brought this action unuer ihc '"uV
n sc ike This has been considered by INN and IN
the exercise OF his judgment be THINKS II p.ola b
rosccte Tor the people II is his duty TO proceed Win
Tho General Term" again Justice Donohue broke In
Is INV superur and cannot allow any comments u "e
made upon any action taken 10y Ii, 18th sror,,v
{" Then" asked the Att0rncy-General win aspeflV'
~voui Honor refuses 10 hear me on this motion
The proceedings are stayed, shd .nH Jun r"'
ouietIy and there is no need OF any turther "ts"
don't recognize the night of any court was the sti
more angry relonder "tc stay the ATTORNEY W a.
Shen IN The exercise Of his Judgment he has seen III 10
begiL a proceeding III behalf Of the people - 40, -,
.sThesr proceedings are stayed un thy tvh.Ih r
mas disposed of the before it, said Justice D"ho
hue as be walked of the bench. - .. ,
'f have nothing more I" say Tue A''Oi"e' -""N'''
xeplrd and then he sat down -. &c.
HIt ne could not reprcss his young man rom
tbe fc, of one counsel succtettu th'
eI.Judre Porter would like to speak WITH hin: . =,
-" won't see Judge Porter. retOrtcd MT Mard; Ana
IA Judge Porter approached he exclaimed: IN nave
Won m undo rsand that II such tricks rs these are 10 oc
Sayed m this district III ind district where they can
Ie play cd -. ,.,a,.h ho ,,.da
acme reiondrr In he walked on ne appeared
20 prescrve his temper. Mr. Ward continued: re-
gard This a. bold attempt interfere with the uhc
lions OF the Attorney -ticLeTaL -
AFTER the counsel Lad gone the crowd separated very
elowly. $500, 49, .,,,,
The stav OF proceedings which prevented the argument
was obtained under Peculiar circumstances Nhcn the
snnlication wu- made Justice DOnohue TO grant the
ord 10 show cause why the complaint In the case should
moi be made definite and certain, he was Alsp al
piled 10 stay pending thr hearing on the motion
fms ne specifically refused and refused the same
application when repeated. II was from TINS refusal
ala the appeal taken to the General Term ny Tue
granting OF the stay pending the appeal the General
Term thus gave the company all the advantage IL coulu
have obtained II Justice DOnOhuc had granted the stay
nj trst. $4,000. ,..... H.,
An order obtained Thursday from Justice )ono
hue in the Supreme Court Chambers appointing charles
+ Miller referee take the testiuion! OF Augustus Il
Martin aud William H. Wickham IA he USED ola the mo
top ma de Attorney General Tor the aplhlichI
OF y receiver Of the M,Ihattan Railroad Company