The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-07-27
County Court-The Movement In relation
to turning out MIR. whiting.

the City Hall yesterday, In consequence of the
above movement; and the doors of the Aldemen's
room were kept locked and guarded, so as only to
let in the various members of the Court and the
press until they were all assembled
The first person who entered wasJudge Ings, look
ing pale, calm, dgnfed, and honest; and as though
ne had made up his mind to act according to law.
Soon after this the Recorder, Judge Ingraham, Aid.
Davies, and Mr.. Lowndes entered, each looking as
grave as became the Importance OF the occasion,
except his honor the Recorder, who laughed and
talked with as much nonchalance as though he had
come TO attend wedding instead of an execution,
and wondering how the story came out that he was
gone on fishing party
Soon after this Alderman Underwood entered
alone, looking pale and determined, and like man
who had made up his mind to remove Mr.. Will
ting. After him came Judge Noah looking as red
and rosy as though he had just risen from good
dinner, or bowl OF good turtle soup, at Downlngs,
or the Bank Coffee House. He laughed and talk
ed with Talmadge and two or three Others and
then cracked Joke or two with Alderman Purdy,
and then went over TO the other side of the room,
and had laugh with somebody else. Judge Lynch
came in looking exceedingly grave and solemn, and
sat down near the reporters table, on the right hand
side of the room. The Mayor came in and took
his by the side of the Alderman of the 10th land
commenced writing buslly, looking all the while We
ry calm, very good naured, bat tolerably determl-
ned. Two handsome, gentlemanly looking young
men came IN sat on the steps OF Judge Ushoefer s
seat, and passed money from one to another-whe-
Their II was bet about Whiting or not, we couldn't
learn. Charles King came in soon after, looking
very stately, but minus, we believe. cravat. He
appeared in high spirits, bit soon picked up his hat
and put out Alderman Balls came in last, look
ing very pale, and any thing but well.
Judge ULsHoEFFER took the chairlNlr. Jarvis, the
clerk, called over the names OF the Aldermen, the
three Judges of the Common Pleas, the Recorder,
and the Mayor but did not call the names of Lynch
and Noah.
Mayor MORRIS moved that the doors be opened,
and spectators be admitted. This was seconded by
Purdy, and carried.
Spectators were admitted.
The RECORDER then moved that the names of
Lynch and Noah be added TO the members of the
Court.
The MAYOR wished to hear the reasons of the mo-
ton. t.t'
The RECORDER said that his associate Lynch had
fully examined the subject and was well prepared to
give the reasons why he supposed he was entitled to
a eat here.
Judge LYNCH rose and said that being called on
somewhat Unexpectedly, he should make use of little
IN the way OF argument, but state facts He thought
the Supreme Court had decided the question of
his right to be there, and the decisions of the SUI
preme Court were the law OF the land until they
were set aside. He cited the case of Livingston,
District Attorney, rersus the Albany Common Pleas,
reported in Wendell, and said he would read the
opinion of Judge Nelson, being much more to the
purpose than any thing he could say Cat this mo-
des, remark there was a SMILEY He considered the
Court OF Common Pleas as thing of yesterday,
whereas the Court of Sessions old as the ey-
istence of the colony itself. He went on to make
very feeble statement to show that by the law of
lS40, he had right to sit there. The term County
Courts showed that the Court OF Sessions was of
those Courts.
Mayor MORRIS replied and said, that by the very
section Judge Lynch had quoted, there was d.
lemma that he, Lynch, could not get out of. That
very section was directly opposed to the Constitu-
,,It StatA ~.t.l Il.
power from the County Court, where the charter
placed II, and placed 10 an no Court ichdteper, but
gave it to any assemblage of men who might meet
together and place their names to paper, and call
Piled TO those officers who had the right to sit under
the session, both in the Sessions and Common Pleas
and transact both civil and criminal business consti-
tutionally. And Judges Lynch and Noah had no
Judges under the aate-not Constitutional Judges at
aH-haping no constitutional po,cers at all, That
every one knows They are only mere Judges of
the Court of Sessions They are not constitutional
officers-b being appointed by statute subsequent to
the constitution, and in violation of it. They are
not, therefore, Judges of the County Courts within
the meaning of that clause Of the constitution regu
latlng the appointment of the District Attorney.
angry manner and said that too much dependence
ought not to be placed on the opinion of the Mayor
as he had before been mistaken on this law
The MAYOR wished him to state the instance.
were not constitutional, and ought not to be paid
their salaries; and spoke against it; and that's the
best way to tell OF a mans opinion. He Uynch)
dehed any man TO point out any difference between
HIM and Noah on one hand, and Judges InglIs and
lngraham on the other. Cat this lngs almost burst
out laughing.) And he Uynch) considered the Court
OF Sessions of quite as much importance as the Court
of Common Pleas.
Mayor NORRIS said he would explain the differ
ence between them. The associate Judges of the
Court OF Sessions were only half what Judges In
graham and Inglis were: "a augh.) The former
were only associate Judges of one Court while the
latter were Judges of both Courts.
Judge lNGLIs said, that by the act of 1910 Judges
Lynch and Noah tcere not Judges of the County
Court. They have no authority to act as members
of the County Court, in removing special Justices
and others The act of 1910 only authorises the as
sociae Judges of the Session to sit with the mem
bers of the County Court for the sole purpose of ap
pointing the District Attorney, and for other
whatever Therefore, if Lynch and Noah could not
claim their right to sit in the County Court by fair
Interpretation of the Constitution of 1921, thew
could not be allowed TO sit in it for removing any
one. He wished the matter laid on the table, to
give time to consider the question If Judges Lynch
and Noah were not by the Constitution entitled to
sit members of the County Court he trusted there
was sufficient fymncss and integrity IN the Court 10
resist all attempts they may make to SIT IN this
Court.
The RECORDER also wished the matter adjourned.
10 give HIM time 10 consider.
The MAYOR asked as matter of right what the
Court was called tor!
Nobody could tell
II was then moved that the Court adjourn till the
first of September the month of August was the
| only relaxation the Common Pleas Judges could
| have. This was lost.
The MAYOR moved that they adjourn TO the first
Tuesday in September.
The Alderman of the Fifth wanted Lynch and
| Noah to vote. Lynch tried to speak.
Judge lNGLIs protested agaist this; he knew that
he was as impartial as any man; and no fair lawyer
could deny that it very doubtful whether Judges
| Lynch and Noah were entitled TO sit in this Court
| And II was very improper and undgniied to allow
Judge Lynch by long explanation thus indirectly
| TO act as a member of this Court.
| The Court then adjourned to this day noon.
LATEST FROM HAVANA BURNING OF A STEAM
SHIP.-We have received by the attention of Cap
tain Ellis of the packet ship Helespont, Havana