New-York tribune., 1918-05-29
Plea for
Time to Prepare
Libel Suit Denied
Hearing of His $5oo,ooo
Action Against ''World"
to Start Monday
BY BRIGGS

Justice James C. Cropsey, in the Su-
preme Court, Brooklyn, yesterday de-
MED plea for delay in the suits for
$500,o00 foralleged libel brought by
Mayor Hylan against the Press Pub
llshlng Company, publishers of "The
New York World" He ordered that
the hearing begin Monday.
Mayor Hylan, who charges that "The
World" published libels against him
between October Is and November 6,
last year, Sin continuous attack upon
me, just preceding the municipal cleo
tion in which / was elected Mayor of
the City of New York." and that the
alleged libels reflected on his harac-
ter as lawyer and imputed pro-Ger-
manism to him, asked that the trial be
postponed until October.
Frank Moss, his counsel, filed an af-
fidavit in support of the motion for q
postponement In this affidavit Mayor
Hylan asserted that because of the war
his "engrossing duties" as Mayor made
"heavy demands" upon his "time and
attention." so that he has not had an
opportunity to consult with his attor-
ney in the preparation of his case.
Plea for Delay Opposed
Opposing any delay and asserting
that the defendant was ready for an
immediate trial, Howard Taylor, coun-
sci for the Press Publishing Company.
filed an answering affidavit, which
said:
Since, in a libel case, the burden
is upon the defendant to JUSTIFY the
time and attention would be compare
lively small which the plaintiff says he
would be unable to give to the prepa-
ration for trial of these cases. He has.
notorlously, been away from the state
and been engaged in recreation since
ne became Mayor for many more days
than his counsel would have required
OF him for assistance l.. the prepara-
ton. Deponent is therefore constrained
to conclude that the affidavit seeking
to secure an adjournment of the trial !
until autumn is only an excuse, and
that the fact is that the plaintiff does
sooner than he is forced to-"
The affidavit quoted an article from
The New York American" of March 13
last, which contained what purported
to be an interview with Samuel M.
Flelschman, an attorney for Mavor
Hylan, in which Mr.. Fleischman was
represented as having said:
The Mayor is anxious and willing to
try these cases, but The New York
world, through its attorneys, has re-
peatedly blocked all efforts 20 get
%x,,o1 TIL
request for delay in view of this ar
ticle was declared by the affidavit as
showing the Mayors attitude to be
"disingenuous toward the court and
the public
Mayor Pleads "War Duties,
Describing his lack of time to con-
suit with his attorney, Mayor HyIan,
in his affidavit, said:
Il had expected to be able to with
draw myself from public duties for
period in April and in May to make
this preparation, but / have not been
able to do that and at the same time
perform my duties as Mayor. / have
attended to the public business in
preference to my private affairs.
"The problems and peculiar and en-
crossing duties of the Mayor, caused
by the war, have engrossed time,
thought and attention.
II have found, too, that the regular
business of the city has been espe-
cially onerous and pressing during this
first half year Of my incumbency of
the Mayors office. The making of
the budget and the work of the Board
OF Estimate cause specially heavy de-
mands just in this period upon my
time and attention"
He ended by saying, "The condition
OF public affairs, both in the city and
the. nation, as see them, is such that
should give my time during June to
my public duties"
(, Justice Cropsey. after considering
Roth roth afiidavits. wrote on the docket