New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-06-23
THE COURTS.
MR.. HUTCHINSON AND THE EXCHANGE.
ARGUMENT ON THE MOTION TO CONTINUE THE M
JUNCTION RECENTLY OBTAINED.

ARGUMENT ON THE MOTION TO CONTINUE lhE AN'
JUNCTION RECENTLY OBTAINED.
The argument on the motion to continue
the Injunction recently obtained by william j. Hutehn'
son restraining the authorities Of the Stock Exchange
from interfering with him in the exercise OF ms rights
q member of the Exchange had yesterday Delore
Justice Lawrence in the Supreme Court, Chambers.
Robert sewell opened the argument for Mr. Hntehin-
son. He stated the substance of the grounds OF CON-
plant which Mr.. Hutchinson had against the Exchange
He had been expelled for obvious fraud but his ex-
pulsiOn had been accomplished without giving him an
opportunity TO meet bis In any way properly
to defend himself The Exchange, Mr. sewel said, had
demurred to the complaint Stephen p. Nash was about
to read adavts opposition to the motion to continue
the injunction. This was objected to by Joseph H.
Choate who said that the demurrer TO the complaint
admitted all its allegations, but Justice Lawrence de-
cded that Mr. Nash might read the adavits. Frederick
n Lawrence in his affidavit said that under the bylaws
OF the Exchange any member forfets his privileges
such who applies to the Court for an injunction re-
sranng the officers of the Exchange from the exercise
of their powers Prior to March, 1892 Mr. Hutchinson
had been popular and influential member OF the Ex-
change. Whom rumOrs began to circulate that he had
been guilty of swindlng Mr. Duff they not readily
believed u the Exchange. Mr. Hutchinson demanded
investigation Of the charges circulated against him.
and the officers OF the Exchange appointed committee
to carry on the investigation the members OF which were
nominated by Mr.. Hutchinson himself The committee
gave MI hutchinson every opportunity 10 defenu nlln
self and the Witnesses. The committee
found against mr. Hutchinson and reported accordingly
to the Governing Committee
Before Mr. Nash mad finished reading the ahldayit
he was interrupted by Mr.. Choate who asked that
referee be appointed take testimony regard to
the question wnetheror not the Governing Committee
had really examined the testimony transmitted TO u py
tho subcommittee Mr.. Choate argued that the test-
mOny could not have been examined, the Governing
Committee IN all its sessions did not sit long enough 10
read the testimony Mr. Choates motion was OPP
posed by Mr. Carter, who maintained that Mr. Hutchin-
could not maintain MS temporary INJUNCTION unless
the facts alleged by him established beyond the
necessity OF further proof Judge Lawrence denied the
motion.
Nash then concluded the reading of the affidavit OF
Mr. Lawrence. He also read other aiC avits to show
that the members both OF the investigating COM
mttee and the Governing Committee were
disposed to acquit Mr.. Hutchinson II the
evidence would justify them in so doing
They had acted from OF duty and not in spirit
OF hostility when they voted against Mr. HUTCHINSON
Mr. Choate after the reading OF the adaylts renewed
his motion for the appointment Of referee TO take tes
mOny 20 whether the Governing Committee had ex-
anined the testimony taken before the investigating
committee. The motion denied but permission was
given put IN additional adavlts this point on the
part Of Mr.. Hutchinson. The argument on the motion
10 continue the injunction will be continued on June 80