The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-07-21
SUPREME COUaT-SpEcIsL TERM.
The DOwling-NIcClcl ImbrOgliO Case
Continuation OF Argument of Counsel.
Before Judge CardOzo.

The Dowling-NIcClc Imbroglio Case
Continuation OF Argument Of Counsel.
Before Judge Cardozo.
AcC2elldnd u.s. D01ClinD ana Kelly, Justices
This case, which is exciting considerable amount
Of interest among the legal profession and among
our citizens generally, was resumed yesterday. The
court room was crowded from the opening to the
close of the session. which was consumed by
the closing argument OF counsel on either
side. Judges Bowling and Kelly were present in
court during the day.
Shortly alter twelve O'Clock counsel for the re-
spondent resumed his argument from the previous
day.
He commenced by reading large placard
which was posted in Judge Dowllng's court caution
ing persons having business in that court against
employing what are called "Tombs skin.
ners.,', Cliqnes OF these skinners had got
up articles Of impeachment frequently against
police justices, because Of the vigilance exercised by
them in protecting parties FROM these unprlncped
men, These practices nave now almost entirely dis
appeared from the Tombs owing TO the course
pursued by Judge Downing. Now the jewelry case was
distinct breach OF professional conduct on the part
OF McCleland. The ailidavits showed that one year
ago he yMcClelland) was placed in dlscredr in the
Court OF Special Sessions. II circumstances had
clustered around McClelland, In an adverse manner
and II he were innocent 1t was due to the barof New
York that he should produce testimonials OF good
character from judges or lawyers and he offered
him the opportunity to do so. Counsel then read
several antnOrltleS showing tnat the special SeS-
siOns was q court Of record. The great principle
underlying the application was that II was an
appeal to the sound discretion Of the Court. He
next referred to the relation Of attorneys TO the
courts OF this State and how that relation could be
forfeited, and read from the books to show that the
Supreme Court Special Term, was invested with
power to remove an attorney and deprive him Of his
functions for cause It had been wei settled that IL
was the duty OF court of record TO exercise Its dis
creton In determining who were to practice In the
court and who were to be removed. court OF re-
cord had, therefore, common law right To put u
stay Of proceedings on any attorney for cause until
the question could be deliberately submitted to the
Supreme Court. He read an opinion OF the late
Chief Justice fancy In support OF his position. But
counsel contInued no order had been placed on the
minutes In Judge DOwling's court excluding Mr.. Nc
Cleand from practising and therefore there was no.
thing act upon. The application of the promOvant
should therefore be for prohbitoYy writ and not
Tor nandamus Suppose the con iuctor Of one of
the city cars, should refuse to allow person to ride
on his car should that person apply TO the Supreme
Court for mandamusp IL was just the same with
this case the prom ovant had not set forth In his
papers that he desired meant TO practice m the
Special Sessions. Was he to be sent there then.
under the protection OF q mandamus to tantalize
ana mock the courtY No man In the pos
session OF his senses would ever employ
him there, and If he consulted his own pro-
prlety he would never 20 into that court
the chances were that his application. n granted
could do him no COED. He had advertised the fac1
IN the most efectua and public manner. that he was
In the worst 0d0r there. At the most he could have
but physical audience there. lie knew that he was
regarded with aversion and viewed with distrust.
The reIst0r In replying, said that the gentleman IN