The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-05-25
The Libel by y Lawyer ON = Judge.
Before Recorder Barnard.

MAY 23.-7he People on TIE Conplains Of Albert A.
Thompson agaiast William A. Hardenbrook.-rhs as
fenoans complained Of for libel upon Judge Thompson
Of the Marine Court. The libel contained in apetton
addressed 10 the Board Of Supervisors of the county Of
New York, praying for the impeachment OF Judge
Thompson Theiacs which gave rse 70 this petition may
be succinctly stated thus-Nrs Beinger had action
pending the Marine Court against one Davis This
action had been adjourned several times up TO the sth
day Of March last On that day the took place
which led to this prosecution. Judge Thompson had
been holding court and had tried long jury which
stood No 2on the calendar, and concluded unit
between two and three O'Clock. The Of Benger
Davis stood No IL the calendar and there then
marked ready before it. After the jury had retired
in the case on trial. the defendants enger Vs.
Davis desired Judge Thompson 70 take up when
the Judge replied that he could not Till had been reach
ed in its order the calendar The defendants ooun
hnahy induced Judge Thompson 70 take up the case
during retirement OF the jury for the purpose
taking The examination Of single witness who the
subscribing witness 70 the pAinnGs signature and who
detained - witness Amer the examination Of this wit
plaintiffs counsel insisted the Judge processing
with the trial OF the action. This the Judge refused be-
there other marked ready for trial,
which had preference and ~ no had already set down
H sn On Inc Of s ss a
reasonably be expected 10 be 1ed each day-o wit,
about thirty causes for each daywhca all had prefe
renee over the case question: he informed me counsel
respective parties he could the
up again until the l6sh March To this tho defen liant
very much excited, and dsporssd himself in sucn
10 cause Judge Thompson 20 that his CON
duct was nnbecomipg lawyer, and voald NOT be per.
he would DO obliged 10 adjourn the the sixteenth
Judge smith, who defendants (Davis) counsel ap-
= bs ocai epsasemsns we're such thai he ceaId no, a.
tend 70 the before That time. Hardenbrook then
asked WHISTLER Judge Thompson would put The case down
The nrst for the f8th and Judge Thompson
piled he would and the accordingly adjourned
70 the 18Th Of March Last Afsr this adjourument and
ser the counsel for the defendant In this had len
The room then the prior which we're marked
ready called, and Inquest taken In ono and the
others we're dhposed o. By agreenent between the par
ties THIS caused adiournmtn Mt OF the Court hour
earlier than anticipated. Upon those facts the pet
ton Of Impeachment, drawn by the defendant In his
Judge Thompson had been guilty Of corrsptou In
office, and also that hh refusal 70 try the
the eth and his sdjournmsnt Of 10 the 18Th Of
March by, under and In pursuance OF secret and
corrupt understanding with counsel for the defenc
Dsvh and In order unlawfully 70 afford said Davis
time 70 give notice Of his intended examination a. Wit
his behalf, Of giving him an opportunity Of
claiming that the discontinued and u prevent
ing plaintiff from Obtaining valid Judgment ALSO ns.
violation Of his DUTY and Also that the said Judge was In
cspsctaed for the proper discharge OF his duties am
wholly unable 70 see that the facts above stated any
thing given evidence before me, supports In the slight
degree these accusations, any OF them. There
on the part Of The judge ssch an des could
only be conceived by highly excited imagination. mo
Judge appears have acted entirely his motion
and 70 have done what he did In the Of
Judgment aud discretion, and cannot say but what,
unoor all the circumstances, that judgment ami
discretion were properly exercised. shall consider
the question 10 The srct right Of The Judge 10 adjourn
for Days, for do not think material inasmuch
he had not that strict right his making such ad
ourDment under the circumstances could no. justify any
Of The above charges contained In the petition II
would be- nj most more committed and Judicial
ecers and should not for every they may
commit be dragged before the public and bran led
rupt and incapable The business transacted in the Ma
rne Court very large rhey have large calendars every
day and b necessary for the convenience both OF
suors and the bar that these large calendars hond be
disposed OF not 10 keep the court crowded. and
the time Of clients, lawyers and witnesses in the
last thirty forty the calendar when there
probability OF any Of those thirty forty
being reached for trial Judge magistrate DO
compelled 10 postpone all other business In order
70 try particular II he has sufHcent business
moral certainty that his whole time win occupied with
until certain day. have doubt o. tbs propriety Of
his pospoaing any osher business 10 the first day al
which cen be heard and inclined 10 think be woed
have strict legal right 70 do. In this case moreover
think Hardenbrooks request 10 have the cause got down
az The nrst The 18TH instant IL sufficient assent
70 the adjourn Most Of the hbeyus charges seem
TO have reference 10 the subsequent notice "amnaion
gwen BY defendant, Davis. rhe evidence bcfore me
shows that Immediately after the adjournmen,i whilst 10
the court room, before known that DESCENDANT would
give such notice. Hardenbrook said 70 Mr.. Dyeuj
LAWYER. sitting bv " Damn hlmn-meaning Judge
hon pron--" viii iupeach him, n can" TO that
marx Mr. Dyett replied thst he did rot think u was mat
which impeachment would lie The expression
shows that sfoTegone conclusion " ia sad Harden
brook W speesyof 70 procure an mpeaca@so sad W tx