New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-10-02
Extraordinary Bank Cnse-LOco.FOco Judges
aud Wing Counsel.


PorrSynLE, Tuesiiy, Sept ., 1857.
An intense degree of excitement has
this morning been created In this from the fac!
that Mr. John Neville of our 0st eminent coun
sci and leaders of the Whlg parry n Schuylk County
has been struck of the rolls Of the Court By Judge Hg
aims the newly elected LoooFoco Judge OF the District
Mr.. NJ. Murphy, who had had SONS dealings With the
Farmers Bank which 10 under the control of family
named Cake (which al ibe head Of portion OF the
LoooFoco party and goes by the name of the " Cake
faction y discontinued with Its conduct and took
proceedings against that establishment Judge Higgins
then counsel for the bank, defended them. Murphy
subsequently applied under the Act of Assembly for
wri, OF quo against the Bank, alleging tia. Il.
had not complied with the requirements Of the lava
of Pennsylvania In not having the sun Of $4,000
In specie In Its vaults at the time of its commencing
buiiDess that Its specie capital very smsA and in.
Considerable; and that q certificate of deposit In the
Middetown Bank for $4,000 had been placed there
cash. and which had been Withdrawn Immediately after
the affidavit Of stock deposit had been made.
ltsppesIed that Judge Higgins had been and contn.
ued up to the presen, moment largely Indebted to the
FarmeS Bank for sum, of money borrowed and Ia
6orsemeno, amounting In the whole to mora than
slA0CO. The Judge had made observations In Court
ssan. Mr. Murphy the reatcr aud had also expressed
himself In terms of considerable violence sssas. him on
! several occa,ons.
In the course Of the proceedings Murphy made an
sdsvt stating these facts respectfully and asking the
judge 10 vsea'e his seat during the ia of the motion
and to call In OF the judges Of the adjoining dsto.
10 adudieste upon the point Mr. Neville put the si
dsvt upon the die of the Court after had been sworn
to BY Murphy and approved By the other three counsel
in the cause. when Judge Higgins fled rule to show
csuie why Mr. Neville should not be struck from the
rolls Of the Court making the writ rsturnsble before
himself this day.
Hen. James Cooper the U. S. Sens.or, and other
counsel appeared for Mr. Neville who put In an davt
thai he was not responsible for any of the allegations Of
the affidavit, and that he did not believe |. 10 be con.
tempt OF court Judge Higgins desired him to take the
Affidavit OF the file or he would strike him Of the rols
The relaior Murphy refused to consent and counsel
commended that without hii consent Mr. Neville had no
power.
Judge Higgins, who was exceedingly excited, said
thai the whole proceeding was sonspiracy 70 dive
him on the bench to hold him up to the scorn of the
world, to accuse him Of the Justification of hi,
and although he admitted TIA: the strctes, persona.
friendship had subsiied between Mr. Neville and him
SELF and he would asqu him Of the smllss, iu,sn
ton of hurting his che judges feelings yet he would
make the rule absolute and strike him OF the rolls aud
also thai he should take the AFFIDAVIT OF the ie upon bis
own responsibility and dismlM tbs quo eGTa,lo With
oet entering into lis inertia