The New York Herald

The Broadway Railroad Case.

SUPERIOR COURT—SPECIAL TERM.

Before Hon. Judge Duer.

Feb. 19.—The court was so densely crowded this morning that the counsel were unable to gain admittance at the hour appointed for the appearance of Alderman Sturtevant. The room became so thronged that the officers were ordered to close the doors, and considerable delay was occasioned in consequence of the professional gentlemen being outside and unable to get in. In a few minutes after the Judge took his seat, Alderman Sturtevant, accompanied by his counsel entered the court.

Judge Duer—I believe, Mr. Gerard, that you are the only counsel here for the plaintiffs; are you prepared to go on?

Mr. Gerard—I have not the interrogatories here, sir; but we now move for the calling of Mr. Sturtevant.

Judge Duer—The Sheriff has returned as before, that he has attached Mr. Sturtevant, and has let him at large upon giving security. You now move that Mr. Sturtevant be called.

Mr. Gerard—Yes, sir.

Ex-Chief Justice Jones—At the last meeting of the Court, on Saturday, an appeal was taken to the order requiring Mr. Sturtevant to appear upon that day, and in consequence of that appeal Mr. Sturtevant did not answer, and so the Court, deeming that order good, proceeded to call him, and issued an attachment, returnable this day; and, subsequently to that period, an order had been obtained to show cause why that second attachment should not be discharged, as having been improperly issued. I rise at this moment to speak upon that question. It has never been the intention of Mr. Sturtevant, or any of his advisers, intentionally and deliberately to violate any order, injunction, or otherwise, of this honorable Court. Mr. Sturtevant and his advisers, until the decision lately made by this Court, have entertained honestly and truly the opinion that the judiciary had not the jurisdiction to interfere with what was conceived to be the legislation of the Common Council of this city; and it was under those views and impressions that the injunction was presumed, and supposed by us not to intend to prohibit Mr. Sturtevant, or any of the Aldermen or Assistant Aldermen, from voting upon that question, but was intended to prevent the grant from being carried out. Admonished as we were, still it appeared to us, notwithstanding the opinion of this honorable Court, that yet, peradventure, Mr. Sturtevant or his advisers should ultimately be found to have been correct in their views, it would not be consistent with justice that he should be punished for what is now considered as a contempt. At the same time, however, it was proper for this Court to vindicate its own dignity; and that we apprehend they have fully done so as to justify, not only themselves, but the whole world, as to the correctness of their conduct. It was, however, only with a view to save whatever rights Mr. Sturtevant might have in any ulterior examination of this case that, in the first place, an appeal was made from this order, and in the second place, an order was obtained from your honor to show cause. After what I have said, therefore, I cannot but say that, while we desire to do all that is proper, and meet, and fit to be done, to protect the rights of Mr. Sturtevant, we are by no means disposed further to delay or to offer any impediment to the course which the Court will take up on the present occasion. We therefore are not disposed, unless the Court should see fit, to argue upon this motion, but are content to submit to the decision of the Court without further remark. Mr. Sturtevant is now present, in obedience to the attachment last issued, and is ready to submit himself to the Court.

Judge Duer—I mentioned to the counsel, when this objection was last made, that the question of appeal had been decided by the Court at general term. I have brought down the opinion this morning, and intended to have read it.

Mr. Field—We have no desire to argue the matter.

Judge Duer—You are to file interrogatories, and the question is: what time shall be given to answer them. (To Mr. Field.) You do not wish to be considered as withdrawing your motion?

Mr. Field—No, sir.

Judge Duer—I have to express my very great satisfaction that Mr. Sturtevant and his counsel have elected to pursue this course.

Ex-Chief Justice Bronson—We have drawn interrogatories, which we will file, and serve a copy of them upon the opposite counsel.

Mr. Sanford—The interrogatories appear to be somewhat voluminous, and we have as yet had no opportunity to see them. As it will take some time to prepare answers to them, we desire that the matter shall stand over until Saturday next.

Judge Duer—The opposite counsel should have an opportunity of seeing the answers to these interrogatories before Saturday.

Mr. Sanford—They shall have them on Thursday.

Ex-Chief Justice Bronson—The interrogatories we have filed require nothing more than to be answered 'Yes' or 'No.' There are only three or four questions, and they can be answered in fifteen minutes as well as in ten days.

Ex-Chief Justice Jones—But we may require to give some explanations.

Judge Duer—The party, by his answer, may choose to purge himself of his contempt, and may assign reasons for the course he has pursued.

Ex-Chief Justice Bronson—I would say, in reference to this matter, that it is now nearly two months since what we consider a great outrage upon the administration of justice was committed, and one that has excited the attention, and very naturally might, of the law-loving portion of the community. This matter has been lingering along a good while, and there have been no symptoms from any quarter of submitting to the Court—not even since the judgment of the Court. I have every reason to believe that these parties intend to stand out to the last. There are twenty or thirty other persons involved in this matter, and I now mean to ask for an attachment against all of them. I may as well make that motion at this time, because if anything is to be done, and if the Court is to be vindicated, it ought to be done at once. I move for an attachment against these persons, and that they be required to give bail in a sum of $3,000.

Judge Duer—We had better dispose of Mr. Sturtevant's case first.

Ex-Chief Justice Bronson—I wish to have it returnable in a short time. These persons have had two months time, and yet they have made no advance towards submitting to the judgment of the Court; and we wish these interrogatories to be answered at a short day. If these proceedings go on as they have been doing, we shall never see the end of them, at least in my day.

Judge Duer—The course I shall adopt will be to let Mr. Sturtevant have until next Thursday to reply to the interrogatories; and that he shall on that day give his answers to the opposite parties. And as to whether he has been guilty of contempt, I shall refer to the Court at general term on Saturday next.

Mr. Field—That meets our approval entirely.

Judge Duer—Mr. Sturtevant has appeared upon his former bond, and I will take his own recognizance in $500 to appear on Saturday next.

Ex-Chief Justice Bronson—I now move that attachments be issued against all the other persons.

Mr. Sanford—I understood that the motions as to the other parties were to lay over until that of Alderman Sturtevant had been disposed of.

Mr. Gerard—It is disposed of.

Mr. Sanford—No, it is not.

Judge Duer—I think the postponement has been long enough. It was in expectation that the other parties might choose to come into Court in the meantime; and as it is evident that all the parties mean to contest the jurisdiction of this Court, and appeal to a higher tribunal, it seems to me to be proper that all the cases should go up to that tribunal together.

Ex-Chief Justice Bronson—At the proper time I will show there is no appeal to the Court of Appeals, or to any other court.

Mr. Field—You will show more than you can. (Laughter.)

Ex-Chief Justice Bronson—If, after this act had been done, and after the case had been argued before the Superior Court, in the presence of four Judges, whose decision was unanimous, these parties who have not been attached had chosen to come forward and said: 'we have acted under a misapprehension,' and made the best apology they could in thus insulting the Court, and asked what damages we had suffered by these proceedings, we should have been satisfied. There was no vindictive feeling on our part. We only wished to vindicate the administration of justice, and to secure our legal rights. But, sir, they stand out; and although they have had several weeks, they have not come in and said that they were mistaken; but, instead of that, they mean to defy the Court. That is their language and their conduct, and we cannot consent to postpone the matter. We mean to take vigorous measures to vindicate the administration of justice, and we do not mean to postpone a day or an hour. (Marks of approbation.)

After some further discussion Judge Duer said: It is the intention of the Court to sit and hear all the other cases at nine o'clock on Monday morning, with the expectation that they may all be brought before the general term on Saturday next, and the whole of them argued.

The Court then adjourned.