The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-06-18

Bsfore Re order smith.


Bsfore Re order smith.
|zHx ALLEGED CosrEMPr ossE The oUgsrtoN SET
TLRD-sPEECHas OF COUNSEL And oouGr.
At the opening Of This Court on Saturday mora
Il g, the room was crowded by company curious to
witness the trial of Mr.. Bustesd upon the charge OF
Ccntenps. The Attorney General, Ogdsa Hof
man, vas present, as well as msny other gentlemen
eMinert In the legal profession. Mr.. Blsteed was
after ded by his COUNSEL, James I. B sdy, sad
r. Hall was present In person for the prosecution.
Mr.. Brady opened the case for tina respondent.
He ssid:-I appear, If the Court please, for Mr..
Busted, In ebediencs to the requirements OF law,
catered on the minutes Of this court % Monday the
llth Of Jare, to which refer, In order that there
nay be distinct understanding upoa it. I will
state the understanding and TIE ossasion for which
I appear. The order Is, that Ri hard Basteed,
ESD. show cause before this court TO norr0v morn
ing, at the opening thereof, why he should not be
proceeded sgsinst tor Q contempt committed 10 ths
Immediate view AMI presence OF the Court
Ing s, impair the respect due to it's antao.
rity. On she following day tbs interrog stories
Wtre propsunded, as tas Court VIII remember; and
since that time nc thing has been DONE rs wall be
seen from the minutes Of the Court. ss al essential
50 be referred to upon this OCCASION, except tle
postDoneGept Of the answers uat,l to-day Ipsr
Ceive II the Court please, from looking OF this order
",
chat provision OF the Revised Statutes aathorlzing
proceedings against parties for coutempi committed
In Its pyesence. will refer e. ths ton mo- With
any purpose OF discussing 1t, for think no d,sous.
Ri0p upon this subject cad take place here; b1t
merely 70 see what 10 the provision of the statute
under which the Court proposes to act, aud the
benefit which all of us may dsrive from refreshing
DIR recollection from she circumstances; ior for
&uL ately there does exist such o provision and
such statute, coLferripg 81 b 90 II is found
N page 376, Revised Statutes, vol 2, Soc 2. (ar.
Brady here read the asute referred to.) The Ian
gusge OF this order shows. as tbs Court vii psr-
ceive, that it was upon the latter grouud OF tnis
section t5at this wss pnt; that the 90 atem };
charged on Mr.. Busted sended to impair the
meet refer to ct this stage of the proceedings, BY
way OF prefacing the ans 9ers preferred foi the In
fertcgatoriss pr0p0undsd. Aud il tia leaned Dis
irct Attorney do not object, asd II II dp no. occur
70 tire Court that there Ia any improperly In pro.
Ceedifg In this form. desire to say tsy words
about this matter before readip TIE answers. WHAT
ehall have to say will be brief and well considered
II is exceedingly unpleasant for me to appear in
this proceeding at all, ard yet it In diff nit for
another to appreciate tho full forcs Of this aadd
and forcbe de laration without uldsrst Andiny the
relations taat exist between ths Court aud m ysef
Rcd the respondent. Aud say to the Court,
nov at the ontsat not because OF that feeling,
but simply from regard to TIE high duty which
! consider the profession above all others owes
to the dignity Of the legal tribu aes Of tli couatry
Dr. Brady thsr read Mr. Basteed's answers to
The kteroeato of the Cours, and concluded
by deprecstng the exhibition Of cud,sisy which
this occasion had eiciled -
In the matter Of the order against r Busteed Es1
10 show why he should not be punished for
tempt Of Court
urEsRoGAroRus
LIST. When the Court remarked yesterday that 1t in
$crmed you, in the commencement the proc sedinys.
that would adjourn for the your Associ
ale, after the jury we're empAanelsd did you not
epond "Ihe Court said no such thing and not what
lid you eays
Tn ren IA he 0ufk
4th What asve yon TO to the allegations that you
6ave been contemptuous to the Court?
By the order of the Court,
A. Oakley HALL District Attorney.
copy Of the above was served upon Mr.. Busted
The answers to the above wele then read, as fol-
NeD Pork General Sessions the m after OF the pro-
seeding against Richard Busteed for an alleged coa-
tempt Il Richard Busteed, for answer to the iaserro
gatores prcpounded to me In this proceeding state
tolows-
lst TO the first interrogatory that when his
meDcement Of the proceedings that tine Court would
adjourn for the convenience Of my associate after the
jury were smpannelled replied in substance, ana as
sYour Honor did not inform me, as understood
then believed and stll believe my reply was true;
And If his Honor did give the Information above al
lesed as proceeding from him, certainly did not
Second. Ts the second interrcgatory answer that
vben made the observation, "Yoar Honor did MT 90
inform understood it," II my and manner,
or either Of them, mel to be disrespscsf did not
intend Thorn, or either Of them, to be so.
Third. To the third inter rogatory ans that the
reply made the Courts remark was not Induced BY
any deliberate motive, but PEELED BY my conviction
the moment that the Courts statement was uniatea-
Fourth To the fourth interrogatory answer that
abs trial Of Kssaps, for whom was counsel, bscaas
eonvinced that efforts would be made to convict Cole
which however laudable to the zeal Of this proseuton
would be more severe than, in my opinion, publ, jus
presence and operation Of my associate the entire
conduct of the Cole trial. When hts honor the
nnt my associate Was released from IN hi. 'e e5
aaetments in tbs Circuit Court thought the re-
fussl wss not liberal exercise Of judicial discrston;
journ for my associates convenience struck that
no such observation had been made In my hsAring I
3ract this denial without admitting that heard what
although uttered, did not hesr; and certainly this
Court should not permit me- even felt 90 disposs5, to
would not hesitate to withdraw, AMI ap,lisizs for
an offensive remark 20 any Court and more especially
snty toward judge with whom Officially and tndivdu
ally have 20 long bean most smicAse and agreeable
> remark which did not hear, should impair my
character for truth, my dignity man. and nv utility
pared, ~ it is often ompsed TO encouster the dis
favor OF the judiciary, and even the sacrifice Of
IL lie faithful and fearless sayo ssy or q e sss
rights. RICHARD BUSTEED.
y and e s.s. ?, mss
Sworn this 18th day Of June, 1855, before me, H. b.
RICE Commissioner Of Deeds.
The Court then, in reply to Mr.. Brady, detailed
The occurrence upon which the charge Of contempt
was brought. he said:-The gentleman wh) has
read these answers (alluding TO NJ. Bady) vas not
present at the time Of the contempt. fne District
Attorney, tbs Clerk of the Court, ans gentlemen Of
the bar, were present aad heard the announce nent
that was made at the commencement Of shis causa.
Ihe Court said. IN the commencement Of tns cause,
thAt the Couit would adjourn after the jury vas
empsnDehed. This announcement was distinctly
made. At another stage OF the case aud after the
nouncsment Of adjournment bad been made at the
opening Of she trial. ard Mr.. Busteed said in reply,
as the Court under stood You stated no such tning
IL Mr.. Busted had said, stated In bis Aus yer,
IT," should NOT have taken this a. contempt. It