New-York tribune., 1867-08-28

the order for the examination OF tho defendant in
fore a. Judge at Chambers' and not the Court. 1t
follows that tho provisions ot the staue nst 'p1ye
cited do not appyto proceeding OF tins character IN
deed the application Of the principle Of the statute IN
question 20 proceedings before Judge at Chambers
would I'm many cases. be exceedingly lncOnYemeh h II not
impraeiicabe for IN practice very much OF that class
OF business IS transacted at the private residence OF the
judges large portion OF the Chamber Dus less OF tne
Judges TOO Is Of such character that its immediate
publication would necessarily DO highly mpiOper-sneh
fOrnstauce, the hearing and granting or apPcauohs
for orders OF arrest attachments. babeas corpus &c IN
such certainly careful Judge would II Oecton
made permit reporter, or any person olheI .a
parry his counsel TO be present at tho hearing OF he
applications and there has long been standing ordcr o.
this Court prohibiting the puDncaiCh OF thesc PrOceSu
ings la other instances, sue as u Where anouJeCUou
is made by one Of The parties TO the pesUs
other than those who nave an lhtetest III te proSeeu
with their counsel and TO the puDncgtlOh Thereon III
nGwpaper9 II y me dy OF o s@Iy ~ him
may produce great injury 20 the person VINO Is ABOUT 10
undergo as examination or 20 o,er bont s0v Or o o
sons with whom he has had Dealings WtnIut any coi
responding beaeft TO the creditor or 10 ne puDc ana
he shall arrive at the conclusion that such may De the re-
suit il seems clear that lie ought ID Jo IeusOsoo
oso of sound discretion 10 prevent by proper Order
and ntiI careful examination oi all thc evidence (Which
Il always taken in writing, shal enable nun 70 ueterine nc
theory those examinations are conducted before a
Judge sitting Chambers or, in other words at tne
offices furnished him by the city authorities iOr thAI
purpose. or in his own house For many years now now
ever it has been the pactice for the DEBTOR aiter
taking the prOper oath before the judge to re,
tire 10 small room in the building, with the counsel
Of his adversary. and his own he has one ana answer
such questions may be put 10 him. III ne OBJECTS 10
question, the parties again come Dcofe tne 1tGSP u anu
take his decision IN the mater. II ~ seU ,i ent ne
Judgment debtor and the counsel or ms adversary 10
not Iemember single instance since have been in the
court i'm which newspaper reporter has been present TO
report the proceedings upon such an examination IN
This case while ttng at Chambers, and proceeding win
the current business Of the morning Counsellor Pryor III
formed me that Judgment debtor was IN atteh9ahce
uon supplementary order and requested me 10 admin
ter The MN to him II Ia 0uite nossba that he also
mentioned the name but If So that furnished me no nio
nation touching The persons business the probable
character ofhis examination; and may add that had
acquaintance whatever with such GeDtori anu 80
far az i remembered, had never seen MN AIIer lne
oath administered and as was ABOUT pr0cecu
ing TO other business, the defendant asked me
II II was customary TO have such examinations RuD.
shed in tho newspapers lat the same time stating mat
several reporters were present. that he had no counsel
was dcs gncd and intended to inure his character ana
that of his friends Immediately inquired OF Mr Pfy0;
by him that he had not brought the reporters there but
supposed they had come under the belief that the c 70
be disclosed the examination would be interestngto 10
their readers. OF course. could not without mpro-
prety, ask him what matters he designed 10 itn9uIe
about nor did he, either Of the reporters II there
any present, inform me- The question, then, was
menary 10 execution, In which no one except the )udg
mont creditor aud his debtor could have any direct inter
Sp untfed 10 the Judge and that too notwithstand
ing the earnest objection and Temonstrance Of one OF
the only parties III interest, and the disclaimer OF
might work greatip Justice not only 10 the debtor HIM
self but also persons with whom he had had business
dealings and WHO could have no opportunity on such ex
sidclug all this and i'm view Of the fact that the pro-
ccedngs, when Completed could DC puOlsheu, III case
such publication should not then be deemed Improper
did not hesitate 10 direct that no person should De present
at tho examination except the parties and their counsel
with the clerks Of the latter. and that the proceedgs
Fhould not DO published without permission from
Judge After careful examination OF the cases bearing
upon the question, and full consideration OF the Suyec
remain a;sed that bad as judge the legal power
10 make tho order and that such power was prop
ery exercised in this casei aud that cohylcuon -
strengthened by the concurriuR opinions OF iOur OF
my brother Judges, including the CmeiJustcc, the
other Judge being az present, absent from the city
Having arrived at this conclusion, 10 only remains
for me say that the order must stand. cOnprenend
and fully appreciate the influence IN the community OF
the roporcT of tho urcs and the CNent 90 which may
M this partruar time be affected. personally, by the
they appear by newspapers to have taken bht
while have a honor 10 occupy this place. be that time
long or short shah continue TO discharge hy duty WIN
ont favor affection Orfear Ny conscience VIII not permit
me to rcrpetuate Judicial wrong nor, poor as an
can ah0rd mus 10 ose iie ~ Ilcn H''0 0'
able TO acquire during life OF nearly tO years; , II,
Norhrhe later part ot tbs opiioH was written alle e Den
,r, certain resolutions coniemnatory action the prem es
sace vhgh have be"n gahed By ne Information lAt none 81 te
regular reporters tbe principal pape present al such
meeting participated lis p)celns bus on TIE contrary uhaP
reporter then suggested 10 Justice Barbour that this
opinion had been framed wdDu hearing argument, and
could therefore, with AL due respect TO himself scarcey
bo considered deciding the question IL was desirable
that more formal discussion OF the matter sh2uU Do
bad. the reporters, dDc ciuiG, were by tho
rules Of law prevented from appeal where hey ha
technically Interest, and other way presented Itself
by which tc matter could be presented 10 the General
Term. His Honor agreed UAt IL was desirable that
decision should De had from tho General Icr ana slS
e,ted that motion 10 yacate his order should be made,
aud this OIanOn he considered as given on denial OF
that motion from which denial thoy could appeal This
course was acqucsced In. The adjournment in the orig
nal was then granted
srEcAL TERM.-Iefore Judge JOINS.
DECISIONS.
Oscar N. Weeks agt Michael DOody.-Case
SUPREME -CHAsnERs.-Before Mr. Justice