New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-07-14
THE McCLELLAND- BOWLING CAsE-wHAT THE
COUNSELLOR AND JUSTICE THINK OF EACH
OTHER.

OTHER.
The People er REL James d. McClelland agt.
Joseph Dopfng aud Richard Belly-supreme Court
Special Tcrm-Before Mr. Justice CardOzo.-Th!s is q
motion for peremptory mandamus TO Judges Bowling
and Kelly 10 permit tho reStor practice attorney
In the Court OF Special Sessions The REALTORS counsel in
opening the case, said he had In this matter nothing
whatever to do with Judge Dowlngs previous record or
character. II here simple question OF aw-whether
Judge Bowling could arbitrarily deprive counselor OF
thus Court OF tho right to practice In any Court The
had been removed from the regular Special Term
before His Honor Judge Cardozo, and he counsel
having the highest confidence IN Judge Cardozo's nteg
rty and that he would not yield 10 the influence OF any
political ring He then read the REALTORS affidavit
which sets out ms facts that he McCellan is duly ad
mltted attorney who has never been stricken from the
rolls That he retained by one William Wood charged
with petty larceny, 70 defend hm, and on his trial
the 10th OF June his stating that he appeared for the
prisoner Judge Bowling refused to hear him, adding
that the relator had brought snt against him. that on
the 18th OF June Chrisana Hochs affidavit read to
$40 from her. and then failing appear for her her
trial. and that Judge Bowling thereupon said that after
had determined exclude the REALTORS from practice in
the Court; that taken by surprise he stated. and
statement TO affidavit, that the affidavit untrue
MS he had mover received one cent from her agreed
reason TO change from the previously announced de-
cson; that since then no has been de6ared from prac.
serving out term IN the Penitentary and that after
hearing her affidavit, he with his counsel, Mr..
Dir. soteldo asked her II she had ever seen him
and that she answered YES that he Otedo) was the per-
asked II she had ever employed him or paid him any
money and she said no. she had him before
The andayit or petition then continues as this depO.
nent * Informed and believes the said tyranuoal and
arbitrary action by the Court OF Special Sessions and tho
shld Justice Bowling was entirely based upon the fact
that this deponent In YindcaOn Of his righa has found
II necessary To commence action against said Bowling
for words and actions OF the said Bowling. done
and said by him in prostitution Of his judicial position
and to the damage Of this deponent; that as
THIS deponent verify believes the action OF the said Dow
ing OF the SAID Court formed part OF deliberate plot
on the part OF said Bowling 70 crush out depOnen and
10 endeaYOr 10 prevent his following the profession OF the
law, as punishment for what said Downing considered
his erOntey In daring to assert his rights and the dig
nifty OF tho profession Of which this depOnent has the
honor TO be member further than said Downing might
be willing he should. That unless the said arbl.
tary tyrannica and unprecedented action OF the said
Bowling should receive u check from tins Court,
there is no way Of telling TO what extent
they reach, threatening even the Independence OF
tho Bar, and giving 20 tho said Court OF Special
Sessions and the said Justice Bowling the privilege OF de-
tennnmg who they Will allow TO practice before them
without regard 10 the constitutional privileges OF tho
I'm the ordinary form for maudamus Mr.. Graham for
the respondent said that tho grossly deiamatoy attack
made upon tho motives OF Judge Bowling rendered IL
necessary he should repel this attack not indeed in tho
saue way, but by facts He then proceeded TO read
tho affidavit Of Judge Bowling ia substance follows
Justice OF the Court Of Special Sessions since the passage
OF the Law Of 1858. For very many years has been
common practice Tor lawyers OF little character TO
lounge around the CITY Prison ana Police Stations, TO in
trOducO themselves or Do introduced % priSOncrs
they brought In under ptctouce OF serving them
counsel getting money from them, and II appearing
doinS 10 good, " not appearing Nv al lor their