Year: 1868

The Fernando Wood Leases-JIotion to Set
. Aside Stay of Proceedings.


p Before Judge Barnard.


The Mayor &C., cs. Fernando Wood ct cL-This
case came up again yesterday on q motion to set
aside stay OF proceedings granted by Judge Suth-
erland, pending an appeal to the General Term from
order made by Judge Cardozo settling the issues
In the case. Mr.. George Shea in behalf of the de-
fendant Wood contended that the order made by
Judge Cardozo in the case was not appealable and
that the stay pending the appeal should be set aside.
The defendant was ready for trial on Monday last
and the stay was served suddenly. It was irregular
and improper that the defendants should be stayed
when the cause was on the day calendar for trial.
1t was injurious to Mr.. Wood to have the action
pending and to Continue the present uncertainty as
TO the lease OF the premises In question.


Mr.. ]. I. Williams opposed the motion In an argrl-
ment OF considerable length. and was followed on
the same side by Mr.. OGorman, Corporation


Judge Barnard, in granting the order, said:-I am
here solely for the purpose OF taking charge Of the
gard to the order to show cause IT was granted at
the request OF one who thought It was proper 1t
should be granted AS to the time that rule was en-
benefit OF the lawyers and II the court is satisfied
that q case has assumed snch character that 1t


would Justify the hearing Of motion to set
days it can do it. This case ' was pre-. pre-.


since, and the defendant Wood was charged
with buying the Common Council and Mr.. Gunther
according to common rumor, to get them TO sign this
lease. Certain legal proceedings were taken. The
defendant, being deslrous that the charges made
against him should be tried In a court OF Justice,
made an application for mandamus That motion
was heard by the Judge who now sits here, while
sitting Ia Chambers and the total failure OF fraud
information Of any kind on the part OF the people
that the defendant Wood had done anything wrong
the mandamus was granted. On the Monday follow.
ing that mandanus was set aside. Afterwards the
PLAINTIFFS counsel moved on his own account for the
settlement OF issues to try this question IL was his
own motion, made at his own proper time before the
proper tribunal, and that motion was granted
according to the ideas of justice and pro.
priety OF the Judge who gave his decision.
being then, apparent that these charges whether
true or false should be tried before jury II became
necessary TO get delay. The last General Term had
decided that these issues were not appealable
Knowing that (beng one Of the justices who helped
TO compose that bench, OF course stay by any one
with that view would be dlsrcgarded and vacated


IL is asked what damage would be done to the de-
fendant Wood by having this wait until such time
as 1t should be heard before the General Term. To
wait for the General Term would be idle, because
they would not retracc their steps.ln 30 short q
period by reversing In the month OF June that
which they did In the month OF April and two Of tho
judges who afnrmed that decision viii compose q
majority Of that court. The damage WIN be that
these leases II what common rum0r charges be true
should be set aside promptly II there is no proof OF
these charges II Is wicked In the highest degree that
the defendant should be kept laboring under them
and that he should be deprived Of his money. There
lore you shall take your order.