New-York tribune., 1896-07-23
WILLIAM GORDON LOSES.
HOT LANGUAGE USED BY MR.. HOYE
AGAINST OPPOSING ATTORNEYS.
THE MOTION MADE BY THE LAWYERS OPPOSING
THE TAXPAYER GRANTED WITH COSTS

THE MOTION MADE BY THE LAWYERS OPPOSING
THE TAXPAYER GRANTED. WITH COSTS
TO BE PAID BY THE LATTER
There was lively tilt in the Supreme Court
yesterday morning between Stephen Fl. Hoye.
counsel for William Gordon taxpayer, In the
latter's suit to restrain the East River Bridge
Commission from paying 100000 for the Chl-
mann franchises and II. c. NJ. Ingrahem, coun-
sci for the Commissioners. The passage at
arms occurred In the hearing Of a motion made
by Mr.. Ingraham TO set aside stay pending
appeal Of the order requiring Mr.. Hoye to pay
the costs awarded TO the defendants in the ac-
ton and to punish Mr. Hoye for contempt for
submitting an affidavit 10 the court In which he
said the costs were secured by bond Of $1,000,
when. in fact they were not so secured.
Mr. Ingraham had affidavit made by T.
Elicit Hodgskin who has been associated with
General Wingate. counsel for the Uhlmann Com
pany, in which Mr.. Hodgskin deposed that he
had been Informed by deputy. sheriff on July
20 that an order had been served en- the Sherin
staying the execution for costs No copy was
served on his firm nor the notice Of appeal re-
cited in the order Mr.. Hodgskin went to the
County Clerks office but could not find the un-
der directing Mr. Hoye TO pay costs and the
County Clerk gave him a certificate that 1t had
not been fled Mr.. Hoye's affidavit also said
that a bond for $1,000 az security for damages
and costs had been filed at the beginning OF the
action Mr. Ingraham said that bond for
S. 600 had been filed but 1t the plaintifs )
bond for damages and with no sureties. II was
worthless because it did not comply with the
a., enfDrcpl Mr. Ingraham
asked Justice Osborne whether he did not be-
ueva that the bond for $1,000 was for costs
when he signed the stay.
Justice Osborne said that he was under that
impression
"Tben II Is triflng with the Court" said Mr.
rneraham "and such proceedings should not be
allowed Rut il comes from source condemned
hv the General Term and the finding Of the trial
cour, 7 should have thought II would have been
sufficient for counsel 10 stay the execution only
bu he wanted to stay everything. and there was
no limit to his reach and desire. There are judg-
roents agcregating some 50 800 allowance and
costs against the plaintiff. and he even stayed
them"
Scarcely had Mr. Ingraham seated himself
when Mr. Hove leaped to his feet and shouted:
"If the gentlemen have finished. I'll call the at
tention Of the Court to some lying afiidavits -
stop" exclaimed Justice Osborne.
Some living ahidavits put in by these very gen
tlemanly attorneys" went on Mr. Hoye. without
having the least attention 10 the Court ad-
moniton. ,,
"If YOU want to be heard on this motion MI
Hove said the Judge sharply you Will have 70
use gentlemanly language and you must stop
character!zinG the aftidavits OF your adVersarles
7 simnly won't listen 70 such language. If you
do it again I'll punish YOU
Mr. Hoye subsided bit after that. but he nad
some sharp things TO say about the attorneys on
the other side nevertheless. and more than once
Iustice osborne reminded him to keep TO the mo-
zion. He finally said that he would send MI
Hodgskin's affidavit TO the District Attorney ana
asked the Court TO deny the motion WIN l o Sos,s
~ t,,.t,ca-<Dsborne read the bond Of SJ.Op, ana
said II was not in proper form He granted me
motion 10 vacate. with so costs. against MT
Hove