The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-12-31

PPat;on Of the federal courts at this place. We |
did 80 in general terms, reservlng the occasion 70
be more explicit after we could nave an oppor-
tunify to examine public records pertinent 10 tne
question. These records are public matters easily
referred to by all who may desire, and We opme
there would have been less innnendoes current II,
before utteriDg them, parties would nave tssen
the pains of few Minutes examination OF the
facts Of record.
We will take up the most distinct and prominent
charge and snalyze briefly what basis II has In
fact The telegrsphic Correspondent. OF ,ns - tbs
report that Judge Durell was about TO De I'm.
| peached on the ground that he demanded money
before he would do his duty in the case Oh mrs.
| Games. The knowledge Of this fact Is said TO
| cause q good deal of talk down there"
| There is upquestonaby good deal OF talk a.
| times down here about various suo)ects; put
| though in the newspaper line we have no, nes,u
| word of the "good deal Of talk" alleged;
| neither do we believe that there is any tax az
Washington about impeaching Judge Daren' or
| anything of the sort.
| In order TO show Of what cloth such rumors are
| generally manufactured, it may not be amss to
illustrate the kind of basis IN fact there exists ior
such q rumor as the above. Like most men VINO
have occupied high positions on the bench, Judge
| Durell was for many years counsellor at the
bar, and had in charge much important business.
| and was coecerned 10 many leading cases. he
| would scarcely have been deemed fitted for such
an important position as Judge Q. our ieJsr !,
| not be strange II, in the course OF long legal
career, he had not become Interested, pro or con-
in the famous case Of Mrs. Gaines! Could Rose
Illus, hancen nuu,. .;as ya's, ;nd;v;dnsi he
| selected for an important jodgeship without IN
evitably bringing about the appointment OF
Juose mno aooonn, AZ nsrsona, ;ntsrests Could
Char,.s o,Conor or lanes n Brady or William
| NJ Evarts occupy the bench in New York city
| liz ms nnerS = = $3.50 - m
In 1886 Cavalier and Davenport obtained judg-
ments against certsin parties who claimed, through
| TIa,S;s mother n he heirs of Daniel Clark
The ;ndomenTs were for a warranted in the sale
- IaTds hv Clark In his lifetime and Amounted to
sbont $40 9o0' Lands beloneinr TO Clark's sue.
cess;or wsre sa;zsd under these iudements or one
~ ,bsm and Mrs' Gsires enioined their sale. An
onraams,t wss made vbich NAV he seen in the
oce Of Ioseph Cuyiliier. notary public, eposited
AnTij "a Isll. The lands we're sold, only par
t;slln sat;sfv;no the indgments In 1852 Hon. e.
y iy,ursii then connseor. at-law. acting as the
| trns,sa ~ the Linton Companv of New York
nnrcbessd large amount al the lands that were
pJi ss ~ rsvsiar and ne vsnnort INDICTMENTS.
soa unoe ~ n1 unsst'sasa ;naomsnts of CsyaIer
n S,v . end Pn;sontains ags;nst narties claim
nc a. he tha beirs of Daniel Clark as also other
ng 80 naneI risrt sold nnder the Rosfontsne
;.Sos =, "'' S'"'A '''1
r. Am. hecame the holder of the title 10 said
,ass. a. ,,rs,sa of the union Comnanv Ha also
ia 9 90 %ns nsrsonsliv ;ntarestad io the indo.
s.nee e "a Isn1s 20 q consdarahIs amonnt eyi-
sannaS ~ ;ndamsnt soainst the comnanv1 The
JT; C ~ eoIs;r, ,bst their ;ndgments are a
;na;ciai martSsoe nnon all lands of the heirs of
sn;a1 C.,t inclnd;ng the real estate of Mira.
C Csne. III, ~ er,;,v wss t;led against y
EanSs M pi ca - Ia;nr anti No 27i5 of the
Due, ~ sh C;.an;, Cont 20 hi. nIaca
No~ xsre InSsa nnrell IN ait AZ indoe Of the
c;rcn;, Cent in The cases Of M.s Gaines he must
Snss 49, ~ bs;rsh;n 20 the- estste az DANIEL
E%art u "a ,nteyested in the resuIt of her cases
4; ,ha ownsr a. ,rnstea NJ the ITnion Comnanv
asNag W. hsv;ng siso q s;rect nersonsi iptsyr
os. ~ ,hs i,dgmsnts of Cavalier & Dsvennort
| Sss $50 y~~e
;ndi.;oi noortgages unon ali the lands claimed nv
Ms Gaines II be decide in her favor the land
ha sd;ndses IN her NAV come immediately under
| tba GYn;nn Comnanvs mortoages
InSna nnreIi eiwavs took shs biohlv bonorahle
;,;s III ha oor3 not Il, in ,bssa cases II ia
Pot anl, 81 he ,he, The c;,cnit indgeshn was not
long aSo filed. But owing to The fact that. for
1913 exai S.ars meet that nos;t;on has heen vacant
ooonD;sd b1 indoas too infrm mr. unvilling IN
. cana 10 New Orleans and owing also to the nm
r;ii;ncness of Congress IN let ANDREW johnson
hi the Mace by one OF his peculiar STYLE of 40.
nointments. Mrs. Gaines's cases have stood IN
, ahev ance and nrobablv will until Cen Grant and
Conrress can get at the matter of the circuit
iudgesbp If their choice shall fall upon jud &c
will have a proper solution. If il should for.
tunateIy fall upon Judge Durell. promoting him
from the district TO the circut court the ststotes
Of Congress and rules of the Supreme Court fur.
nish A 1roper means of the interchange of iudges
from circuit to circuit in cases where Judges have
, a personal interest and cannot sit which is q mat.
, ! ter of no uncommon occurrence else where.
Judge Durell. as we have already said, has al
wsys ken the highly honorable position that he
could not act in these cases; and Caleb Cushing.
Mrs. Gaipes's counsel in Washington. knowing the
! facts. advised a settlement between Mrs. Gsines
and the Union Company 80 as to enable them to
relieve Judge Dureil from his interest No con.
elusive result was attained although q settlement
| seemed for q time to have been adjusted. With
| that settlement Judge Durell had nothing to do.
,, He simply desired the Union Company to relieve
,, him from his interest whether Caleb Gushing
Was right in his opinion that the settlement which
! he advised but was not carried out, would have
| enabled Judge Durel to have sat in her cases ia
| neither here nor there. He neither is nor would
: be the man to ait in case where the propriety OF
, | his action would be doubtful, and As The case
, | never arose. we doubt whether apy man who
: knows Judee Darrell can saw what would have
been his course. But even were he TO acce of the
opiniop of that distinguished LAWYER. il would ilIv
Justify the half of the stories that have been coin
ed ont of the mere snpgestion of such A solution
idle and silly stories set aoat, and from this ema-