New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-04-08
LAW LNI,kLLIGENOE.
HOW LONG HAS RICHARD BUSTED BEEN
A CIrIZENf
SUPERIOR COURT-rRIAL rEss-Aph f.-BsfOrs


behalf OF the defendant AID Mr.. James L. Brady
fer Mr.. Richard Busted.
Mr. San1ay having stated the motion, Mr.. Brady re-
marked, TIE question at issue Wa one OF interest TO
every lawyer Can plsint be dsnis sed because
the attorney has not been Gully created such, athodgh
whether properly not, he stands on the record
Can proct edirg In which be appears be avoided on
the erOuId that he ia not dc jure en- officer OF the
Cour though he may be de tact0 In Mr. Brsdys
opinion, bic title to practice could not thus De In
pfsched oolsterally. Though not properly pre-
mit airy question II wss important thai It should os
decided tist.
Mr. Sar1sy regsrded the license which he conceded
to have been granted in the Supreme Court, ss only
prma tdee evidence Of right 10 practices, which might
be courover.ed by pIosf that Tas impoVidenty or
frsuGulepy grant, d. Counselors and attorneys ara
JUDICIAL officers must take the oath OF office but toe
statutes forbid any person TO execute the duties OF any
civil Office unless citizen at the hme-a oreacn
of which provision is punishable "a msdsmesnor.
Nor does the fact that be licensed r the Supreme
Court if true make him pSO faeto an attorney OF this
Court The technical objection that he shows no license
in this Court Is an answer 70 the assumption 'hs' ne
had right TO practice in smother Court lie caunof
practice here unless citizen and that Mr.. Busted
must prove himself to be, whatever the delcscy or
character of the legal profession may require.
If ii was to be denied that the Rcharo Busted natu
relized en- tire ID of October last the one in quss
ton proof would be offered and Judge Bosworth, who
certified the papeu. would be called.
Mr. Brscy read the following affidavit OF the
defendant:
SAMUEL r. TowssEsD on RICHARD BUSTED.
Gin and Comfy OF Nsr York n-samuelP Townsend the
SS's S RSsa acting assuming act
attorney the plaintiff in th. action is not native citizen OF
Of en- alien arrived in this county in about the year
sSG and that bis hs name Was the tune Se0ise
for the patriotic Of Wsshnston) that the said father OF
10 ROAD Was minor and that said Richard became APP
pears by record of this Court admitted as citizen GU the
.con peSopep further satin on Information and belief
said admission of said Richard to the rights OF naturalization
w ssoi .s sq e that d Rbd Busted va. never
m licensed as an attorney OF the SsperGTo SSgJ
Sworn before me this I'd d,y of April 1857.
r. REED, Commissioner of Deeds.
Mr. Brady ridiculed this document and declared that
be could prove that the Richard Busteed who was nat
uIabzed last Fall not the one in question. He en-.
tered on his clerkshp with Mr. Robert Emmett In lSil,
and in 1916 regularly received certificate that he haa
studied the requisite period, and was thereupOn ad
United TO practice.
Judge Hoffman observed that the case appeared to
concern merely the rights of the defendant.
NO" reptile Mr. Sanxsy, &" there is more tn an yet
appears Ii is of the g.eaest interest to every citizen
who cares for the welfare interest and Judicial character
of the city, 10 know whether person can appear IN
courts, representing the city, who Is an Allen we
propose to take the point that no persons have been
properly natuialized in THE State for the last thirty
years. This question will probably be carried ult
ma'ely 10 the highest Federal Court"
Judge Hoffman-It is sless TO 20 with this be-
fore ne. have just decided 10 another case that we
have right to naturalze; and the point appears tome
a. clear as DAY. / have DO time 10 hear Argument
which is needless nasmuch as l shall decide the case
on TIE question fret raised and the whole matter is
eventually 10 90 to the General Term, shall not 20
beyond the license to practice In the Supreme Court
Thst authorizes party TO practice here; motion TO
yscate il can only be addressed to the Court which
grated IT, The only facts necessary to be stated Ia
the order are these: The date on which the complaint
fed the appearance Of Mr. Busted a. attorney;
the fact that he was nstualzed on the I'd Of October
Mr.. Brady-Ihats another MIR. Busted; no doubt
About il: I've investigated II.
judge Hofiman-Ill strike out that them bis license,
sealed signed and delivered, dated in May Term,
1916. On these facts decide to deny the motion. Ls'
an order be drawn up, recng these facts and denying
the motion.
The day fixed for the settlement of the order is
Thursday, at l0.oclock.
Az the facta above recited and Mr. Townsends un.
controverted sidsvit make up the case on appeal Mr.
Bu,teeds right to practice will depend upon the valid
ity of the license.
The following is copy of the paper taken out by
some Richard Busted last Fall:
RICHARDS SATURALIzATIoS PAPER.
In the matter Rsh.5s On 9; .pPfs9n
STATE Of htr York; cty and cosny Of Nso. YORK IN
pose say be is well acquainted With the sbovcnsned
applicant that the said applicant has resided IN the United
tweuryone years that he conuusd reside the
the present me that he has resided five years wiha the
b. Sa, resided in the State Of one year al east
med.y preceding this application and that during that I
tS of the Cor stuton Of the Unit. well
poet yeny believes that or three years preceding This
application has been the real and honest OF the said
applicant to become citizen OF the U.eS State.
Sworn in Court this d sy Of oc,9ssE 1sm c,
state Of Ntp Yo,k City and County Of NsO- Y9'k "a
applicant being duly 'worn says that be hs'
rived the ftwentyone years that he ha, resided IN the
an hiss continued reside present time that he
resided i've years within the Unite States incudns the
least Immediately preceding application within the State Of
and that for three years next preceding TIL. sppc.-
s i. Ged rs s tsa An' RICHARD BUSTED
Sworn in open Court this ID ssy Of ocpssI l15f c,,,
do declare oath that NY bona fde intention and has
come citizen Of the United a.
allegiance aud fidelity to any foreign Prince rqenas say ..
United K,dom OF Great Britain and ss9d Of ToSm vas
sworn open Court this "a 30 * Of o' maxwell Ii Clerk
DO .olemnly that will support the Constitution OF
ard al segance and fidelity TO any ioregn
Prince Pctsnas STATE or fGvssy wse S ana
and Ireland, OF whom was before sabsGi - p,,srvvn
sworn IN open Court A % GO ss5 q + MAXI MARVEL Clerk
RICHARD BUsTEED's OWN ACCOUNT OF HIMSELF.
The following authentic description of Richard Bus
teeds person L. taken from the papers Forwarded TO
Washirg on on his application fer passport in lool
in which be swears To the beet Of my knowledge and
Deliet was DOln lreihLu VA 10Y VI
sry 1872 being minor at the time Of the naturai-
zsiion of my father, and living with him at the same
:" time"
DESCRIPTION OF HIS PERSON.
Age, 20; stature, feet7 ncDes Englisb) forehead,
high; eyer grsyish hazel nose, prominent; mouth,
large; chin, round; hair, black complexion, ssllow;
face. oval.
CibsOn sgt Allen-New trial granted; cssts to abide
event
sURROGArEs COURr-APRL 7-BefOrs A. W.