The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-03-27

County Court.
MApcu 6-The Court sat NJ 4 o,rIocl-Iud0e I,

norYxK President
Case Of Justice Sepens-Alderman WooD, Chairman of
the Committee whom had been referred the case Of Mr.
Justice Stevens with instructions to report thereon
ported adversely the ground that the facts involved
the charges againstthe Justice did not wsant the Com
mittee in placing him upon trial before the Court
The alleged complaint was that Justice Stevens had de-
vsrsd Th0ms, Warner @ Che Of ION
lance of the change received by the person arrested.
Case Of Justice Giibert--Alderman WooDIn this case
the COMMITTEES have come to the conclusion to refer the
back to the Court The facts connected with are
knewn to the Court and the Committee have not met to-
gether to take action upon ii.
The following the circumstances connected with the
The alleged facts these "A warrant was issued
by Justice Gilbert for the arrest Of named Andrew
MCGOWAN for assault and battery and dsoreriy conduct
This warrant placed in the hands Of Police Officer,
and while in the hands Of the officer MCGOWAN came into
The Justice told MCGOWAN that warrant had been issued
against him for dsor1erly conduct and required linn to
give bail MCGOWAN hereupon desired to leave the Office
for the purpose Of procuring BAIL which the Justice
fused the ground Of having any legal powers and
made commttal which placed in the hands Of
the Acting Deputy and he committed Subsequent
iy Justice Gilbert gave Judgment and imposed fine
The AFFIDAVIT of McGowen was here read charging the
Justice with corrupt motives in having committed him
under the circumstances,
The affidavit Of Justice Gilbert and the testimony of
Mr. Edward Dandican, were here read.
Alderman WooD would remark that II not for the
purpose of the that the Committee ap
pointed The facts connected with il known to the
Court and the Committee had nothing therefore to report
upon
The PnEsrprsr-Did the Committee examine the siida-
Wis upon which the complaint originally made'
Alderman Woop-t was an affidavit Tor assault and bat.
terry and dsordery conduct, made by named Chas
Fielding against this McGowan There several cases
that come within the act in this case
After brief pause among the members,
The PRESIDENT asked how the Court were disposed 10
Alderman PuRpv-The having been referred TO the
Committee to report upon it. think that should know
make inquiry into the charges, and report their opinions
thereon as to whether they considered the case would
warrant them in putting the Justice on trial
Alderman WOOD of opinion that the report merely
gave the opinions which the entire Court had the sub
ec the Committee therefore would refer the the
Court The Court now in possession of all the facts
connected with it, and all had knowledge Of the facts
embodied in the testimony For himself he had never
read them at all, nor had the Committee. The entire
Court therefore, held their opinions the as before;
and for himself he had not made up his mind to how
he was determined to ac in fact the Committee had
joint action on this subject
ALDERMAN PynDy if he understood the matter right
was just exactly in this wayhere charges prefer.
red against these magistrates the court referred TO the
committee to make inquiry into the facts connected with
Them with instructions to report thereon the object be-
ing TO ascertain il the charges contained any thing that
would warrant the committee in placing the magistrates
before the COURT the matter however stood now, the
court left in the position in which they stood
before.
ALDERMAN Woop could not understand the gentleman
by his saying they stood now in the same position in
case the committee had to collect the facts as they stood
before them and in relation to the committee they had
done their duty in the business In order however to test
the subject, he would that charges be preferred
against Justice Gilbert upon Whit before the
Court.
AID PuRpY would ask the chairman of the committee to
say he considered the charges contained sufficient
grounds to place the justice upon his trial
Aid. Woop had only to remark in reply to the gentle
ec that gentleman and the Court had the
forming an opinion that he tAld Wood had.
position in which they had stood before the better
course would be to refer the back to the committee
with instructions to report 70 whether or no there were
grounds enough 10 authorize the Court to place the jus
tce on trial
Alderman LEE thought that the Court ought to take its
that would be advisable to have all the facts connected
with the case fully before them
Alderman NASH was of opinion that the Court conld
to correct conclusion by hearing the testimony
had on the investigation read.
Alderman LEE felt that inasmnch the chairman Of the
joint action on the subject and therefore that but
present he therefore had an objection to reading
the testimony as everything was before them:
obect for his part he considered the reading of the test
mony ofimporiance to himself the gentleman {Ad. Lee
being more quick OF apprehension than he Ald Nasb
was.
Alderman Woop--The Court have all the knowledge
that have the subject.
known that think it unnecessary to refer them back
The PEEsipENrAs far as the matter between Justice
this Cou u ht ,%srs a oh.r consSersons fSst must
have weight with this Court in as far as that under the
vagrant act party had been committed brings
charge against old nhabtan who lived for years in
this city; who had his residence land known to the
community The is arrested and put to prison under
this act Now, far that act is in question: will not
give my sanction to it. If that was the case the
Of the Justice decidedly wrong in law but as to the
motvesi OF course say nothingion that branch Of the
If am rightly informed and understand the case,
this was brought up charge Of disorderiy con-
duct and assault and offered to get ball. and was then
committed. am not aware that any such law us this
Alderman LEE There have been many cases OF this
kind which occurred and long this is the law, the
Police Magistrate must conform to it.
Alderman ScoLEs move that the case be sent back to
Judge Scls-Ifthis was the object of reference in the
first instance the Committee should have given their
opinions if not would prefer having the case dismissed
altogether.
ton, beg to renew my motion-not mputng, however
any intentions to wilui and corrupt motives official
misconduct In that sense as to the have no
is CT the opinion. AS to wu wrong or corruption
that was altogether another question. Every may
but corrupt motives become important matter
in charge of this nature.
Alderman BRrccs-I second the motion.
The PRrsDhST-I shall move two resolutions which
the entire objections and will at the same time dis
pose OF the The first is that the ought not to
have leen convcted and the next is that there
Alderman BRrees-f have merely to say in regard to
IT, that the Justice did not he ought to have known the
law; and his business to have known IT, his duty
to have known and il he did not know it, he had
business to be in the position Of a magistrate
Alderman LrEWhere is there in this a violation
Of the law7
Alderman BRreos--Yes, Sir there is The man was
tried and convicted.
Judge INoRAHAM-f move that these papers he laid on
the table that the Clerk Of the Court be instructed
place all the papers, in connection with the case in thu
Clerks Office where every member Of the court have
opportunity OF reading them before the next court
day; and then to have them referred back to the Com
mites.
A MEMpER.--I move the charges be made out specif
cay.
The PREsrpENr--There three motions before
the Court-st to refer back to the Committee-2d tina
the whole subject lie to subsequent meeting, and
3d. that charges be preferred upon the papers they
stand
The question was taken upon the first and second mo
tons, which lost.
The question on the third was carried by
NOES. %
Majority. .............3
So the charges preferred upon the papers they
stood
On motion Of Alderman Woop the then refer
red TO the District Attorney and the Clerk ordered e
deliver copies OF the papers and documents connected
with II.