New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-06-09
The News Of Brooklyn
lively SCENES IN COURT.
e,r1T TO RESTRAIN NEW BRIDGE
COMMISSIONERS BECOMES EXCITING.

,,,cs,ONERs BECOMES EXCITING.
.yoraER ATTEMPT TO PREVENT THEM FROM
VINO THE EAST RIVER BRIDGE COM
n,xv,s FRANCHISE FAILs-JUsT1CE
CLEMENT DIsMIssEs THE
COMPLAINT.
The greater part Of Yesterday IN 'ne oup'e me
where Justice Clement is sitting "as
ws ".,sd in the trial of the suit OF william Oor-
W. ~ restrain the Commissioners OF the ne"
~ p,ver bridge from paying SZoo'oVV 10 .ne
D' Diver Bridge Company for the right winch
bS'' many has to build a bridge. Stephen
p' anpeared for the plaintin, ana the large
N II" ,agal talent opposed to him spent most
sHa' -, {, grlmbling at the trial. saying that
OF y" t,,lish waste of time. and that all the
"'' ro,sed had been decided by the APP
aae'"'' c.,,r, when the motion for an injunction
pela'e coee was made. The Appellate Court
s.risd the application.
Gem. ms. trial OF Mr. Hoye's suit was called last
lHe ord Mr.. HOVE asked for an adjourn
i" 1. On the ground that his associate MT MT
ne'' w. ,oD. oil about the case. was In FLORIDA
ne'' 49,, be could not proceed alone In the
If
w's ,,-s,,rev was in town. much to Mr.. Hoyes
snn.ren, surprise. and Justice |ieiiie"' "'.'o
app" :. ba had been trifed with. He said that
=. would set the case down pere"'p'of"' ~,
ne "Oa ond that unless Mr. Whitney appeared
:. that date he would dismiss II. "heh 'ne
$50 was called yesterday. however MI "'''
-. vas not in the courtroom. ana MI hoSe
:, Nothing but proceeded without him' III al
ling speech. which he said was to De pam
r..uoart of the facts which he lntendeo 10
roye Mr.. Hoye said:
d. 1900 certain men received from the Leeis-
,u,s mere permission to build TWO priuees
.,vesn BROOKLYN and New-York IL was
A.,ro, sraud that they got this PERMISSION LOT
A.r nsvsr intended to build the bridges or 10
=. .,v,,,ng except sell out They hoped TO 90
80 rext year but the opportunity did not
,ons until 1895 We think we have gooo cause
nd Wa hone that anything that has
,o,a before will not influence Your Honor IN
the trial Of this case
~vo,bine except the Appellate Courts de-
cison." said Justice Clement "What 'hey nave
decided will have a great deal OF influence
with me-
"Weu the Appellate Court may have an opPor-
.unitv 10 change their minds" said Mr. Hoye
They may change their minds, but cannot 90
Il for them" said Justice Clement.
co,,1D NOT ENTER A PROTEST. HE SAYS
an 1885" Mr. Hoye went on. the law author
ling the present bridge was passed and this was
the opportunity for the men mentioned 10 sell out
The frst proposition made was for Sl2o.Ooo. ana
the bridge was to be practically turned over TO
hem after ii was built Another proposition was
that they should accept S25O.OOO, and this also
haa a string 10 it. Protests were filed against
these propositions. and they were rejected Then,
after calm Of three or four months the PROPOSE
ton was made TO sell out to the Commissioners
for $4,000 the bridge 10 have two tracks for the
exclusive use OF the elevated roads and terminal
facilities for them also. That meant for the
Brooklyn Elevated undoubtedly. tried to get an
opportunity to show these men that they were do
Ing an improper official act by inserting THIS
clause, but could not
M Hoye is misstating facts" said II. c. NJ IN
graham, who appeared with William G. Choate.
for the Commissioners.
You can correct them at the proper time re-
Piled Mr. Hoye Don't interrupt
He can make any misstatements ne wants to-"
said the Court.
"Oh, very we'll, II the court is open for lying,
said Mr.. Ingraham, softly
Mr. Hoye told how he had waited for an hour in
The Office Of the Commissioners to get chance 70
serve his protest, and that when ne nna!ly dlo
poke II In the door, that obstruction was slammed
In his face The counsel for the defendants
laughed at this and Mr.. Hoye. shaking his INST IN
he air, shouted:
We've come 10 this court because we do not be-
Neye in insttuting Socialism for the few, or that
the red flag OF Socialism shall be waved over TINS
court even II il Is for the benefit OF the rev men
Who have spent their whole lives in getting money
out Of the city
What do you mean?" asked Justice Clement
l mean these elevated railroads and these peo-
PIE who have frauduently received bridge privi-
leges, replied Mr.. Hoye shaking his INST at MI.
Cnittenden who appeared for the Brooklyn Eie-
nted Railroad Company. and at General WIN
n'e. who is counsel for the bridge company
DISPUTE OVER CERTAIN PAPERS.
When Mr. Hoye finished his opening, Mr.. Ingra-
nam moved 70 dismiss the case without going any
further. Justice Clement denied the notion say
lhs u was not the custom TO dismiss on the open
ns o. counsel. although he did not see that Mr.
hoye had made out case which was in any way
aa IRON the facts passed upon by the Appel
- ,N'ufI Then Andrew ID. Baird. the chairman
s, =, .ne brdge Commissioners. was called to the
r rsaaa ana asked whether ne had produced the
WIS called for in the subpoena duces tecum.
an an, .nsfaham replied that Mr.. Hoye could have
VA; papefs he wanted If he called for them indi-
gorn NoDhStI NIdHeIru over lHis point ioi
ss nv ,ime. Mr. Hoye demanding that the papers
s,Tu oe Produced In bulk but Justice Clement
ray RAY directed Mr. Hoye 10 ask for any papers he
/. 'a'so, and told him that the case must be tried
w. ssntiemany way. Another wrangle ensued
vsas MI Hoye offered IN evidence the protest
ma. q, ns mad filed with the Commissioners on Au
sr: ~ Mr. Ingraham and General Wingate in
n,,i mat he should read II. and he contended
A..N was part Of the record. Finally he threw
protest In front Of General Wingate and ex-
ceu: Read II yourself"
h.seIal Wingate promptly threw II back. and
tyy1 mashed az he said: II will not read 1t. II
.oh know how TO try your case you had
W set some one TO teach you"
hoye finally read the protest. under the d.
"a Of Justice Clement
esxx examination Of Commissioner Baird was
ts.ued all the morning and the greater part OF
Afternoon. counsel for the defence frequently
sssahg that Mr.. Hoye wac occupying much un-
ssssssdry time He called one or two other wit
nsvss snd then rested his case. Mr.. Ingraham
N IN ms motion 70 dismiss. on the ground that
us ~ roye mad made ont no case Of fraud against
ns, ton missoners. Justice Clement heard argu-
ton III both sides and finally granted the mo-
fbs, WIN costs 10 all three OF the defendants.