The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-05-12
CASE OF JUSTICE GILBERr.-The charges against

CASE OF JUSTICE GILBERr.-The charges against
Justice Gilbert, of the Upper Police Office, that
have been pending before the County Court were
disposed of last evening. The Court wen. into Sc
cre session at half-past four o'clock, during which
time written and verbal opinions were delivered by
the members, The following is the opinion OF
Judge ULsHoEFFER, the presiding officer of the
Court, which presents full view of the case with
the point OF decision, by which it will be seen that
the charges OF malice and corruption against the
Justice, ascontained in the specifications, not
sustained
The County Court now called upon to decide
tne Justice is guilty or innocent OF the charges
The charges relied upon established are the JUS.
out mall and that he refused take bail for Lewis and
to adjourn the hearing and compelled Lewis to give
rity for his good behaviour
authority, and convicted and committed him az dsor-
DERBY person refusing to allow him to and procure
bail These acts are charged as illegal the hand
and malicious and corrupt on the other hand.
Az to the case Of Mr. Lewis, strongly incline to the
have been adourned and whether the authorized
the Justice to akesecurty such adjournment not
adjournment But the Justice supposed that he could
legally take security, and that he could not adjourn the
trial unless Lewis remained in custody and thereupon
he fined Lewis &c. which being PAID together with the
costs, Lewis was discharged think this matter too
hastily and summariy disposed Of by the justice and the
adjournment ought have been allowed and without the
detention of Lewis But the right TO discharge without
security and the right 20 take security points upon
which the justice might honestly have doubted and if he
erred suppose he did it does not follow that no acted
wiully, malev oeny corruptly Considering all the
a to TINS have mot been abe
fee for his conduct towards Mr. Lewis however harsh it
As to the case of Mr. MCGOWAN, likewise think tina
the justice erred in his opinion to his duty Consider
ing his knowledge Of the standing and character of Nc
tha n10hf IN hann
for bail, with or without an officer in company
especially as the warrant for his arrest was
stances the conviction as disorderIy person person
and attempted commitment of Mr. MCGOWAN, in my opin
that Justice Gilbert might have entertained different
opinions these matters his right and duty the
proofs are not sufficient to show that his conduct in this
matter was wiui or corrupt Indeed, in regard to both
the upon which this impeachment is founded the
evidence not harmonious II that the fact of the pro-
might be entitled to much paation But the evidence
on the part Of the Defence strong disprove mpu
aion Of corruption and malice and to lead to the concu
son that the Justice acted from of supposed duty
and IN most respecs according to the general practice in
the upper police This court have repeatedly held that
the mere of Justice in relation to his conduct and
duties, would not be sufficient grounds for removal from
office The evidence must mpeach the motive, and prove
honest.
Errors of Judgment the ground of removal from
peachedto be utterly incapable of dchargng his duties
faithfully and honestly. In the District Attorney
had objected to certain practices in the police Office and
we thought that his opinion ought have been respected
and obeyed yet the magistrates supposed that they
possessed the pow and frequently exercised it,
cluded that they acted honestly although erroneously
the practice honestly mistaken nregard his power
his participation in is mot such proof Of
corruption gross ignorance and ncapscity call
his removal Office Is carrying the rule Of char.
y to too great extent to overlook OF judgment
in ministerial officers think not for il different rule
applied to official Judgment who could stand the test?
And when individuals appointed TO Office having no
particular knowledge of its duties may reasonably
pect that they will follow existing customs without much
enquiry examination. The appointing power may cor
rect the evil but when this tribunal acts confined
in our inquiries to evidence of corrupt motives wlu
unless the proof Of ncapacty glarng
to require removal Of the officer Widely disagree
in opinion with the justice to his conduct in the transac
tons now before this court am still not prepared to de-
eide that he is convicted of ncorgble ignorance wiu
misconduct, or corrupt motives
But my time will not permit to go further into these
matters In the view have taken OF the case founded
upon the whole evidence think that the charges
in such manner as to REQUIRE the removal
of Justice Gilbert from Office far he erred the evil
dence in my opinion, ustfes the conclusion that the
emanated from the head and not from the heart
They in Judgment, and not the wiful acts
Of q corrupt and ignorant officer
The result Of my opinion in this CASE ia contained in
That although the evidence in the case of the
articles of impeachment against Justice Gilbert does
justify the arrest, detention and conviction Of Mr. Nc
G0wan as disorderly person. the fine hastily and
summariiy, and without adjournment, imposed upon
Mr. Lewis by said Justce and although the conduct Of
still appears by the evidence that the errors committed
by the Justice may have been of judgment and
not the result ofmalice corruption oppression
Resolved, therefore, That the charges against Justice
Gilbert are not substanated in such manner to JUS
tiy his removal from office. and that consequently he
stands discharged therefrom.
These resolutions adopted by the following vote
.dyesJudges Ulshoefer Ingraham, and Daily; Recor.
terman, Purly, Hatfield, Scoes, Rawson, and Lee-l2.
Nays-Alderman Clayton, woodruff, Dunning, Tillou
Emmans. Nash, Brevoort Briggs, and Brady-9.
TITLES OF Acrs OF GENERAL AND LOCAL CHA.
RAcrER, passed by the Legislature of the State OF
New York at the sixtyseventh session thereof 1874
To amend the incorporate the Apollo Association
for the promotion OF the fine arts, passed May 1910.
To amend the Revised Statutes, fixing the penalties OF
bonds given on appeals and writs Of certiorari.
To amend the act entitled An authorizing loan OF
certain moneys belonging to the United States deposited
with the state Of New York for safe keeping"
Relating to the Court OF Common Pleas for the city
To amend act entitled "An act for building bridge
over Flushing creek, and constructing road and
blishing turnpike between Flushing and Newtown in
the county Of Queens" passed March a. ls0l.
TO amend the charter Of the Public School Society of
New York.
To amend the act therein referred to declaring the
rights and for the relief Of the masters and warens
the port OF New York
For the further of deer trout and othe
game in the counties of Suffolk and Queens
To incorporate the New York Vaccine Institution in
To amend an act entitled i" An act to incorporate the
New York and Erie Railroad Company, passed April "a
1882.
Requiring the Register of the city and county of New
York. and county clerks to keep and return accounts of
their fees and Tor other purposes.
To incorporate the Odd Fellows Hall Association in the
city of New York.
TO establish uniform fees OF clerks in naturalization
and provided for the taxation the fees Of
clerks and registers oil counties
To extend the charter of the Brooklyn Fire Insurance
Company
To incorporate the Protestant Episcopal Church Mis-
sionary Society for seamen, in the city and port of New
York.
To amend an act entitled can act to INCORPORATE the
trustees of the Leake and Watts Orphan House the city
Of New York, passed March 7, 1891
To incorporate the Kings County Mutual Insurance
Company.
For the further relief and support of the poor in the Co.
Of Kings.
To provide for the erection Of new Lunatic Asylum
in Kings county
To ncorpora the New York benevolent Societv ONE