New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-08-01
COUNCILMEN IN COURT.
Jr-sTICE FITZGERALD RESERVES DE-
CIsIoN IN CONTEMP" CASES.
co,-Ssrr. TO SUBMIT BRIEFS THIS MORN
1NG-ARGuMENTs OF LAWYERS FOR
THE DEFENDANTS.

rus,ics Fitzgerald did not decide YESTERDAY
whether the twenty members OF the Muhc'pa
Council who dened the order Of the Supreme 'ou,'
h, rofus,r9 10 approve the issue OF bonds ior INC
new Hall OF Records were guilty OF co'''7''P.
court or not lie listened TO their excuses anu
noiss,. named o'clock Yesterday afternoon as the
alma nv which their afiidavis must he hled anu
pove counsel until this morning TO submit '''
THE Councilmen breathed sgEs OF Fchei an w
bIe crowd OF spectators who had eApoo|eN W =,
tho defendants hustled Off TO LUDLOW Street '""
n,od ont Of the courtroom with a disappointed ar
,''eu az. UoI,ocp OF the nrm OF Kellogg, Rose
q s,,,,t counsel for John Pierce In the proceedings
against the Councmen said;
I'VE will appear In court at O'CLOCK 'o-"''i'"
morning TO proceed with the case AZ tn"' ''''''
I expect that the Councimen Will be sent 10 jail
Tbe Judge will have alternative. The law ~
nerfectlv clear. The men are certainly capapie III
nassing the bond issue. and they have refused 10
do so. I'm compliance with the Courts order Ihcy
will therefore have 10 go TO jail until they decide
10 comply with that order
The courtroom I'm Part / OF the Supreme Court
long before 1890 o'clock crowded with the ac-
cuscd men and their counsel. All the Councilmen
were present including many who had not beeh
served with papers Councilman Brce had not
been served. but he walked into court and asked
for a copy OF the summons. lie was represented
by James W. Gerard jr, who declared that he
mas ready 70 go on w j. Kelly appeared for
raw. Williams Murphy, Wise and Goodwin. James
G. Church represented Councilman Francisco
Councilman Engel was represented by Isidor Conn
and Henry C. Gumbleton appeared for Councilman
Hotenroth
When the case was called Messrs Gumbleton.
Kelly and Gerard said they were ready 10 proceed,
but Mr.. Church asked for an adjournment. lie
said no wanted a reasonable time In which TO pre-
pare afldavits and submit a brief on the points OF
law involved. A majority of the Councilmer were
ready for trial however Justice Fitzgerald
ordered that appearances be noted and the case
take its place on the calendar Of the day.
Mr. Kellogg first addressed the Court OIL oehalt oil
his client Pierce 81 ask" he said, that these gen
tlemen be imprisoned until they have performed
the act which they have been directed to perform
Mr. Kelly then read affidavit from Council
man Doyle in which he declared that he had not
believed he had right TO vote for a resolution
asking the Corporation Counsel whether ne could
Use his Judgment In voting for a measure whcn ne
believed 10 be illegal lie said that the VIII had
been served the President OF the Council ana
this had not been announced by the president 1he
affidavit also raised the question whether the con
tract had been legally awarded to Pierce; as his
Mr.. Gumblcton said the writ Of mandamSs had
been served on his client flottehroth, per
sonally lie asked that the order be denied on
the ground that President Guggenheimer was an
elective officer and had not been selected by the
Mr. Barr, who appeared for, Councilman LEIGH,
denied that the writ was valid and declared mat
In an affidavit LEIGH denied that he refused to obey
the mandate of the Court. and said he proposed
10 obey every order directed to him. He admitted
that he had been served with copy Of the writ on
July % hut believed that If the order of the Court
was executed before August q, when the order was
made returnabe no would be complying with the
andate of the Court.
MIR. Church said his client. Francisco, was lay
man IMMERSED in the law. and that 1t was eXcusa-
HE i'm him to ask for the opinion NJ the Corporation
Counsel before acting on such a measure.
MIR. Kellogg replied to the arguments OF counsel
for the Councilmen which he regarded frivolous.
lie declared that ignorance OF the law no ex-