New-York tribune., 1896-06-05

STEPHEN NJ HOYE ATTACKED BY COUN
Sell IN THE UHLMANN CASE.

SIEPHEN NJ HOIE ATTACKED BY COCN-
Sell IN THE UHLMANN CASE.
HIS STATEMENTS ABOUT THE ABSENCE OF HIS
CLERK IN FLORIDA CAUSE A CoMMor1oN-
JUSTICE CLEMENTS SHARP
REMARK
The suit Of William Gordon, a taxpayer,
against the East River Bridge Commissioners
to enjoin them from paying 100000 FOR the
Uhlmann bridge franchise was called for trial
before Justice Clement. of the Supreme Court.
yesterday. and from certain developments which
followed mmedia tey. Il seems possible that one
OF the lawyers involved may have to defend him
self in proceedings before the Appellate Court.
Gordon got temporary Injunction. which was
vacated by the Appellate Court. and the matter
came up yesterday the trial of the issues.
General George w. Wingate and T. Elicit Hodgs
kin appeared for the Uhlmann company: II. e.
NJ. Ingraham and William A. Choate for the
Commissioners. and r. Percy Chittenden for
the Brooklyn Elevated Railroad Company.
Stephen NJ. Hoye, who appears FOR Mr.. Gordon.
was not in court when the called and
a court officer had TO be cent 10 his Office 10
bring him. When he appeared he explained the
delay by stating that he had been preparing
affidavit which he asked for adjournment
his hands were tied with elevated railroad cases,
and that his clerk, Francis W. Whitney. who
had charge Of the appeal in the Gordon case and
was familiar with all the facts and the law, went
to Florida on Friday IN response to telegram
from a sick friend Mr.. Hoye said that he did
not know Mr. Whitney going 10 leave
the city until he told him he was going He had
not returned. and he did not know when ne
would return. He had four cases pending on
appeal. and II would take him two weeks TO get
familiar with the Gordon He said that It
would be great injustice TO force the plaintiff
General Wingate said that Mr.. Hoye had made
statements rejecting on the character OF such
men as Andrew d. Baird. James a. Sperry and
the other members of the Commission. All the
facts had been disposed OF and against the plain
TN The only question involved one Of law
as 10 the validity Of the charter. There was no
fraud and the ouEht 10 be pressed TO trial
Mr. Ingraham said that the contract FOR the
purchase Of the franchise expired on June Is.
and the commissioners hesitated 10 pay for II
while the suit was pending. No mere important
case had ever been presented such himsy
grounds
Justice Clement asked Mr. IIoye how long Il
would take him 10 telegraph 10 Mr Whitney
and get answer and when Mr.. Hoyc re-
piled that It would :ake couple of daye. His
Honor remarked that h. could get an answer
from Bulgaria in that time
This is ell subterfuge," said General Win
gate. There is nothing 70 try except the ques-
ton OF fraud. II he is going 10 try that"
That's just what I'm going to show" said
Mr.. Hoye. You needn't go any further.
If he is going TO charge reputable gentlemen
with fraud. he ought to be put on the rack and
"
Mr. Chittenden. by the Courts direction. went
TO the telephone and rang up the Reform Club
He came back with the unexpected Information
that his brother was not there. but that he had
oonversed with MIR Whitney himself Mr.
Whitney talked about a which they both
had before the Appellate Division. and said thdt
he expected TO argue 1t when 1t was reachei.
Mr. Uoyc's face study as Mr. Chiuen- !
den reported He went to the telephone with /
General Wingate and Mr.. Chittenden When the
three came back Mr. IIoye said that Mr.. Whit |
ney had informed him that ne had just re-
That is not true" said General Wingate. Il
stoke with Mr. Whitney after Mr.. Hoye had |
Idft tho Telephone and he Informed me that he |
returned yesterday. Mr.. Hoye allowed me TO
use the telephone with scme reluctance. IL Is |
burning outrage that such a thihB as thlS Shou'h
occur" , !
Justice Clement adjourned the matter until !
o'clock directing Mr. Chittenden to have his I,
brother in attendance. and stating that II he had
been imposed upon. he wanted TO know II.
After recess Mr. Chittenden's brother was I'm |
court and testified that he had dincd with Mr /
whitney at the Reform Club last Tuesday. ana /
that they had n long talk, in which Mr.. Whit |
ney never mentioned being in Florida In cross
examination Mr. HOye asked the witness how ne |
knew that the Mr.. Whitney he dined with was the |
Mr. Whitney they were talking about MI chit |
tenden replied that he had been introduced to |
him by his brother and knew that he was Fran |
els r Whitney.
.',Vhere is Mr. Whitney," asked Justice Glen |
ent.
Mr. Hove said that he had telephoned to him !
and requested him to be in court lie did not |
know where he was.
Mr. Chittenden remarked that he had been TO |
the Reform Club, and returned since the ad-
jOurnment.
you must bring Mr.. Whitney into court or | !
will dismiss the case" said Justice Clement. IF |
him brought here. have my doubts whether
he was ever In Florida
Mr. Jngraham said that the whole case was one
Of fraud on the court
Justice Clement said that he would set the mat
fer down peremptorily for Monday. and 1t would
he the first case 10 be tried then
Mr. Ingraham said that he thought Mr.. Hoyes
statement had been proved TO be false. Mr.. Hoye
repIIed that he should like to have proceedings
against hlra for any false statements which ne
had made. . l., ,
that the case would be disposed OF on Monday.
and that all the afidavits must be sent to the
County Clerks office.
SPEED ORDINANCE CASES TO BE TRIED.
Summons were served yesterday in sixty-seven
suits against the railroad companies for alleged vo-