The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-08-28
SUPERIOR COURT CHAMBERS.
The Exclusion OF the Public from supple
mentnry OBSERVATION-DISCLOSURES Basbour's
Opinion.

Opinion.
Before JUDGE Barbour.
In The Supplement nv Examination Of Aich1e, Mort n
Judgment Deb.or.A motion made In this case yes-
to-day for adjournment Of the examination Of Alder
Norton the case 10 which the law reporters Of the
city press were excluded from attendance Friday
last On Saturday meeting OF persons tsupp,sed
porcrs) vas held ard resolutions adopted denonnclng
judge Barbour for issuing the order Of exclusion threat
ening impeschment SO The regular law reporters OF
all the daily Journals yesterday published fsavoas OF
the som ments expressed by tho other parties Before
granting the motion of Yesterday, therefore, Judge Par
bour read lengthy opinion, which he had prepared
a response to thu malcontenis in which he took
Of the statute declares that "the sttings or
every within this State shall DO public
proceedings before judge at chambers are no, la any
legal scnse proceedings IN court (Milcr R,sspan
. Bow 10 Billing y VS. Va1aeronrg u b. 80; IN re
cipo OF tho statute In question to proceedings before
jnigo at chambers, he says. would msny be
esdney inconvenent not impract Cable; for, IN
practice very much Of that class OF business
acted at tbs private residences OF tbs iugss large
portion OF judges chamber business is also OF such
nature that ,ts Immediate publication would b. highly
improper-such for instance as the hearing and grant
ing of applications for orders OF arrest attachment
&c. In the present II upon the app eaton OF
counsel tina, the order OF exclusion granted and
in cases where Object n msde to the OF
the public and publication In Newspapers IL was, he
held, tho duty Of the Judge TO consider whether
snch attendance or publication might DO productive Of
tee without any spending benefit TO the creditor
tho public; and II seemed clear that he ought in the
reasonable exercise Of sound discretion, b preven by
proper order tho publication OF tho gs during
their progress and until from examination Of the pro
ccedngs he shall be enabled TO ndge whether any inu
rions extraneoIs and irrelevant effect might be pro-
duced In the present matter no had had KNOWLEDGE
or tho nature OF the facts sought to be dveloped and
haf acquain anco WITH nor to his knowledge had he
seen the debtor After such cxamipaon IL II ap-
poared that queso of pubic import TRANSFERRED publ.
cation would not be improper Ha was convinced that
judge after careful examination OF the case no
had legal right to issuo such order He
strengthened in his opinion by consultation with his
brother Judges and only remained for him to say that
tbe order must stand.
Tho opinion concludes as follows:-I comprehend and
fully appreciate the influence In the community OF the
reporters or the press, end the extent 10 which may
at this particular time, be affected, personally by the
they anpear BY newspapers TO have TAKEN But
while have the honor occupy this place be that te
long short. I shall continue to discharge nv duty
without favor affection fear. Nv conference will not
permit TO pcrpetratc judicial wrong nor, poor
am, afford thus to lose the reputation which
years
[Nors--The latter part Of this opinion written
the belief that all the reporters OF the press In the
CITY had held meeting aud adopted certain resolutions
condemnatory or acton IN tho premises; since
which have been gratiHed by the information that
OF the regular court reporters OF The principal
papers were present snch meeting participated
In its proceedings but, on tho contrary, disApprovs
OF tho same.J
A motion was then mate 70 se. aside the order O.
exclusion, and denied, and the court stated that
Il could be considered that the opin'on rendered
that motion TO enable il TO 70 the General Term,
where II will probably be appealed.