The Jeffersonian. [volume] (Stroudsburg, Pa.) 1853-1911, 1869-02-18
its, Gerature, asriutu stine aop c5uea anelssu
STROUDSBURG MONROE COUNTY, Pa FEBRUARY 18 1869.

which may be seen in the office of Joseph Gu
vilier, Notary Public, deposited April oath,
1914 The lands were sold only partially sat
isfying the judgments. In 1853 Hon. L. II.
Durell, then a councellor-at-law, acting as the
trustee of the Union Company of New York,
purchased a large amount of the lands, that
were sold under the Cavalier and Davenport
judgments, and also the unsatisfied judgments
of Cavalier and Davenport and Boisfontaine,
against parties claiming to be the heirs of Dan
iel Clark, as also other lands of Daniel Clark,
sold under the Boisfontaine judgments.
He thus became the holder of the title to said
lands, as trustee of the Union company. HeI
also, since, became personally interested in the
judgments and lands, to a considerable amount,
evidenced by a judgment against the Company.
The Union Company claim, that their judg
ments are judicial mortgage upon all lands of
the heirs of Daniel Clark, including The real
estate of Mrs. Gaines. bill in equity was
filed against f. II. Durell, by Mrs. Gaines, be-
ing suit No. 2715 of the docket of the Circuit
Court of New Orleans. Now, were Judge Dur
rell to sit as judge of the Circuit Court, in the
case of Mrs. Gaines he must pass upon her
heirship to the estate of Daniel Clark. He is
interested in the result of her cases. He is the
owner as trustee of the Union Company of New
York, and has, also, direct personal interest
in the judgments of Cavalier and Davenport.
The Union Company claim these judgments to
be judicial mortgages upon all the lands claim
ed by Mrs. Gaines. If he decide in her favor,
the land he adudges to her may come directly
under the Union Company's mortgages.
Thus, it may be seen that the course adopted
by Judge Durrell is truly honorable In no
particular color can we portray the disadvan-
tages he has labored under. He declined to
act in such cases. since his interest in them for
bids it, and Caleb Cushing, Mrs. Gaines's coun-
sci in Washington, knowing the facts endeav-
ored to bring about a settlement between Mrs
Gaines and the Union Company, 30 as to ena-
BILE them to relieve Judge Durrell from his
interest. With that settlement the Judge had
nothing to do. He simply desired the Union
Company to release him from his Interest,"
The assumption that such release would enable
him to sit as a judge in these cases is fallacy
He will never be found deciding in any case
wherein the integrity of his actions is question
able. From the advised settlement by Caleb
Gushing, has emenated all the silly stories now
ahoat, regarding his demanding money from
Mrs Gaines before doing his duty. AS pri-
vate individual, it would be strange if he did
not wish a settlement of his interest; as a
Judge his refusing to further it is honorable.
1t Is nothing unusual for eminent Judges to
be called upon to decide cases in which they
have personal interest, and, in such cases,
propriety, as well as justice, prohibit their de-
cision. Such incidents are of daily occurrence.
The present case is only one out of the many
which present themselves in almost every
Court; and if such fabrications were set on foot
with every case occurring, rumor would have
every Judge in the country arraigned on a
similar charge of misdemeanor 1t is only the
gossip and efervescence of those Immediately
connected with the transactions which propo-
gate the slander-enemies lying in wait to give
it dimensions and publicity; and since newspa-
pers and reporters must maintain themselves
by the matter Of their columns, n whisper, or a
look is interpreted to suit the peculiar taste of
4 certain class of readers. So much for the
correspondent of the Missouri Democrat and its
tasteful readers. If We ever want to pour SLAM
der on an honest man we know exactly the pa
per, and the matter to suit it. J. \.