The sun., 1890-05-17
HuRnH1Ne TIE rrEHhrEp,s LAKYERs
Trains Might Have to STOP, Judee Beach
Says, UnIess Cases Travel Faster.

says, UnIess Cases Travel Faster.
Suits OF property owners against the ele-
vated railroads for damages have been occu-
pying Judge Beach's time good deal all the
week in the Special Term OF the Supreme
Court The case OF William Moore. All owner
OF property on South Fifth avenue was on
trial yesterday. 1t had been started on It's way
Mt 9 O'Clock on Thursday afternoon and had
moved very slowly In spite OF Judge Beach's
remonstrances Just previous to the o'clock
adjournment the Judge startled the LAWYERS
by announcing his determination to stop what
he termed the procrastinating conduct OF the
defence by ex-JudRe Spencer and Lawyer
Townsend.
III these interminable ross-examinatIons
and searching OF records in all these cases is
not stopped" he said. the Supreme Court will
have 10 issue an Injunction stopping the run
ming OF the roads, although this will result In
public inconvenience Tho calendar Is being
blocked by the unnecessary delays in these
cases."
Such an Injunction would result in great
public Inconvenience" said Judge Spencer.
II know IT, replied Judge Beach. "and
therefore l do not want to issue one. want
your assistance In disposing of these cases
with reasonable rapidity, but II you are not
disposed to assist me, such an Injunction will
have to be issued and the question of damages
will have 10 be referred to n commission.
There is no reason WY g9T bs shoMG s9 over 5aS
are ali on the same street and the damages
are about the same. SO that the cross examining
No harm will accrue to the interests OF any
person by having these cases pushed whle
'usfhee CASE Is Sen pendng was ended at O'clock
and Judge Beach ietired to MS chambers. me
counsel Tor the elevated road had been unwi!.
OF saving time, rs they did not ieel warranted
in taking the. responsibility. Immediately
With With other there Counsel for the roads as Mr. Gar
diner one of them. cal ed on the Judge in his
private before the ne dn fbat session b WAS was
vated road did not intend to block the calendar
or delay proceedings. and that his suggestions
would thereafter be adopted. Judge BEACH re-
plied that he was pleased to hear OF this deter
mination. as he was averse to taking any
At2 O'clock another case was taken UP which
progressed rapidly and satisfactorily.
Judge beach said last night that u, me Sondues
from @ ali the Judges who had been compelled
"These ; cases.. he said, ARE brought in
equity, and are tried before Judge without a
%heFe TSe e Of ths pa to
erty must be proven as far back as 1760 This
car be done, by reading the abstraet q the
ters office or II. can be done by compelling the
Register to produce in court the original on on
wills bearing upon The property, and the maps
proper and certain as the other. while
The difference in time T. ,,,,, tremen, men.
for four and one half hours. although his tes
timony was the same in all. The cases have
be tried in about three hours went to Pre-
siding Justice Van Brunt Yesterday morning
and asked his advice about adIourn1nR the
give an opportunity to try the other importsnt
cases on the calendar. These are the, Tilden
mortgage case. Delay with these might have
serious. conseanepces; Judge a Var Van Brunt unit
waited cases now as otherwise they would
block the June term. There are four cases re-
naming. and hope. with the present change
very soon. Under the old system It would have
taken about fifteen days to dispose OF the try
ing OF the ten cases."