New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-04-14
.oIvELs OF A LAW CASE.
,,,cAN FINDS 1T HARD TO SUE
s''' FOR LIBEL.
FOR A HEARING MADE AT THE
S'' ,,o,,s SUPREME COURT TERMS BE-
FORE A JUSTICE COULD BE
FOUND TO TRY 1T.


,opr A JUSTICE COULD BE
FOUND TO TRY IT.
story of the remarkable travels OF
Tbs Inc the eleven trial terms and seven
4 ~ ea ...ns of the Supreme Court now In opera
\ re'a' ~. County Court House. The case that
! ton ~ t-om one court to the other. and which
u''s ..emed TO welcome was one Drought by
% one caIlisan against Lewis ii. Hornthal to
louise soMo for libel. The plaintiff was the
r0''' =, the primary department Of Grammar
rnepr : She complains that Hornthal cir
sno0' false statement to the effect that she
tune money from teachers under her.
ha 20 she SAYS Is absolutely false. When
IN" ',,ssl tried to put the motion for trial yes
!" !, was sent from one court to another, and
n'a' ,,rp through several courts came back
f'a &C.,, court. and was again started on an
-. journey around the courts.
~ action was first called for trial yesterday
". I.tice Giegerich, in Trial Term. Part VII.
-. supreme Court Under the new rules OF the
s~ court IL was Justice Giegerich's duty
w. the case to one of the other trial terms
IN, Galgan VS.. Hornthal to Justice Nc
rho was sitting in Trial Term. Part TX,
49,. d, IN the extreme west end Of the building
s .ounseI In the case-there are nearly dozen
IA ,or;y women. nearly all OF them school
...,h.rs who are witnesses in the case. together
W. The principals and several office boys carry
Vs. ,hs napers in the action made an advance upon
Justice McAdam
u,s.n this small army entered Part TX. Trial
r.,m Il found Justice McAdam, ana jury In the
49, waiting for business
@u,n.t case is this?' asked Justice McAdam.
wuIIsm Cohen Of Hoadly. Lauterbach & john
~ ,nm sel for the defendant, explained the nature
- ~. case and incidentally remarked 1t would
~. nAar,y a week TO put in the plaintins case.
M amt take this case" exclaimed Justice Nc
.s.m 81 have only fourteen jurors, and in
~ an important case there will be many Jurors
.ssusneed. | don't see how we can get along
With fourteen jurors
auhat shall we do?" asked Cohen.
Go back with it to Justice Gegerich." said
Justice McAdan,.
There was smile Of relief the faces Of
IN. fourteen Jurors as the teachers, the lawyers
and ,he Office boys marched over to the outside of
N. buIlding and again stood before Justice
Gegsnch
your Honor" said Mr.. Cohen. I'VE are back.s
Justice McAdam won't take the case
why not?' exclaimed Justice Giegerich.
IL says he has only fourteen Jurors"
Tx him get some more He can get jurors from
ne other parts" replied Justice Giegerich.
WHAT shall we do Your HONOR" meekly asked
n. Cohen.
Mr. Cohen and R. NJ. s Putnam, counsel for the
plaintiff, led the way across the building, followed
ty the teachers principals Office boys and a goodly
number Of spectators and again entered Trial Term
Part TX.
Justice McAdam looked up In surprise. and said
what back again?"
Yes Your Honor. We are here again.
We are here again. here again." murmured the
chorus Of 'schoolmarms," office boys clerks and
spectators.
What for?' asked Justice McAdam.
"His Honor Justice Giegerich sent US back to tell
you to get more Jurors"
Il can't do IT," replied Justice McAdam Il can't
get any Jurors. and unless you will 90 with
the jurors now in the box you must go back to
Justice Giezerich"
"Oh, my! oh. my!' sighed tas chorus OF SCHOOL
marms." "Oh, my! oh, my!" murmured the once
boys, as the lawyers again led the way back to
Trial Tenn. Part VII. and once again stood before
Justice GeSerfch.
He won't do It," said Mr.. Cohen. ..-..-.
. ne ne won't chimed n Mr.. Putnam.
Justice McsSa 1u: :aS S ci rx N. case
less we accept twelve Of his fourteen Jurors and we
The chorus shook their heads and the lawyers
That is all I can do" replied Justice Gieserch
duty ends in the matter"
What are We to dor asked the lawyers.
Term" said Justice Giegerch. land get the case
reassigned."
Gould not get some Justice in one OF the
other trial terms to try it?" asked Mr.. Cohen.
You might try" said Justice Giegerich. but I
have nothing more to do with the case OF Gallgan
vs. Hornthal."
The lawyers and their followers made the rounds
Of the other nine trial terms, and finally Justice
Parker. in Trial Term. Part VI. said he would take
up the case provided Justice Smyth in Special
Term. Part IL would consent TO his doing so. The
'schoolmarms spectators principals and clerks
10
result Of the lawyers visit to the Special Term
NJ. Cohen made an application to Justice Smyth.
IN Special Term, Part II, to have the sent to
Justice Parker for trial Justice Smy.h said he
could only send the back TO Justice Giegerlch
With an order authorizing him TO reassign the case
Upon receiving this order, which restored the case
70 his calendar, Justice Giegerch having the case
again properly before him, sent II to Justice Parker
In Part vi. Trial Term.
Justice Parker said he would take the trial up at
o'clock. at which hour the was called After
Jury had been secured the case adjourned
snsn to-day.