The Evening critic., 1884-01-21
KNOCKED OUT AGAIN.
Frank Wards Great Battle for mis-
Rights.

Rights.
Frank X. Ward, tho Alderney Dairy proprle.
tor, who has been fighting a few old maids 10
lis nelghborhood for tho past year for the pos
session Of his homo, property and tho exist.
enco Of his business, stood up again before
the Court In General Term this morning and
was "knocked out In one round" by Justice
Cox.
Some time since, with three judges on tho
bench, ono OF whom had partially heard
the case before, tho case OF Charles Walter
and others against Mr.. Ward was heard, aud
Mr.. Justice Cox read the decree Of the Court
subsequently, without delivering any opinion.
Chief Justice Cartier disBentod and made
como pretty severe structures on destroying and
breaking up business OF tho magnitude OF
Mr.. Wards, and said TO his mind II was not
clear that the nuisance complained OF came
from "tho Attorney" but that the tosti mony
showed other localities In the same neighbOr-
hood In which nuisance might and probably
did exist.
Justice Hagner, who had, on tho prelim-
mary hearing, he ard much OF the testimony
and granted the temporary restraining order,
TO that extent Ind predjudiced the case, and no
united with Justice Cox In forming tho ma
1orlty opinion OF the court.
The decree OF tho Court passed October 40,
last, eD1olned Mr.. Ward from sounding his
gonge, bells and cans or making other noises
on his premises In such manner as to dirturb
the sleep OF his neighbors, or render tho occu-
patton OF their dwellings uncomfortable; or
from manufacturing milk into other products
such manner that offensive odors theretro m
should annoy tho neighbors. He was also
restrained from keeping his horsea on his
premises, and the decroe was to go into effect
on the flrst OF March next
Under the peculiar circumstances connected
with the hearing OF the case and the manner
In which tho bench OF judges was constituted
at the time OF hearing Mr.. Il. Ross Perry, coun-
sci for Mr.. Ward, filed a motion for n roargu.
meni, and based II upon the following
grounds:
"Because OF the general interest OF the ques.
ton OF law involved In the cause; because no
opinion was pronounced by tho Court as TO the
law in tho case, and becauee Mr.. Justice Hag-
ner was disqualified to hear the cause In tho
General Term"
Justice Cox this morning delivered the opin.
ion OF the Court on this motion and prefaced IL
by enying that Justice Hagner had not par
ticipated In the consideration OF tho subject.
He said that the plaintiffs had conceded tho
correctness OF the law points raised by tho dc.
PENDANT and therefore there was no law 10 dis
cues. Tho case was ono involving only matter
OF fact and not OF such great public interest as
cause should be TO demand the attention OF
the full bench. IL was not such cause rs
called upon the court TO temporarily stop tho
BE BE tde u' Judges sSsr'' on ' ono s Ssusn
In regard TO Justice Hagner having hoard the
case below there was nothing legally or NOR
ally wrong in what he had done and the same
was being done by judges continually. He
merely heard tho case on bill and afiidavits
and granted the temporary restraining order
when the bill and answer and testimony were
completed and tho case set down for hearing
It was certified to the General Term TO be
heard in tho fret and the Judge certifying the
case was perfectly competent TO go there and
participate in the hearing. For the reasons
given, the Court he said, had declined tc
stated that the complainants had asked TO be
allowed their costs In the case, and, as they
were entitled TO them, they were allowed.