The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-07-14
The BOWLING MCCLELLAN MBROGLI0.
Afiidavits and Counter Affidavits-A Pretty
Fight as 1t Is.
SUPREME COUnT-SpeClAL TERM.
Before Judge lIardoZO.

Deen pitceu before the pubic through the columns
OF the HERALD came up before Judge CardozO yes
terday morning in the shape OF an application for
permanent mandamus TO allow James D. Mcclellan
TO resume his practice as attorney and counsellor
at law In Judge Dowling's court
Judge Bowling not present in court during
any portion OF the proceedings.
The motion was made by Mr.. Stoedo on behalf OF
the reator. Counsel SAID 1t was not his purpose to
enter into discussion OF Judge Dowling's record,
but his only desire to settle the question its
merits and according TO law IL was proper for him to
explain however, how this motion had been brought
before his Honor. 1t was done ut his mr. Stoledo's)
request lie did so because he had the highest con-
ndence in his Honor's integrity, and he had no
DOUBT in his mind that his honor would decide this
case fearlessly anu upon its merits, and would not
be influenced any way by any political ring or by
any clique Counsel concluded by reading the afn-
davt of James ID. Mcclellan, which set forth his
grievances in detail and showed how Judge Bowling
had refused 10 hear him plead In case in which he
had been retained
Counsel for Judge Bowling, in replying, said that
the grossly delamatory attack that had Just been
made on the motives OF Justice Bowling in the AM
davit read rendered 1t necessary that he Justice
Dowlmgl should repcl tnat assalit-not III the same
spirit VITA winch IL mad been made. but with an eX-
hbtion ol facts which, under other circumstances,
would be entirely unnecessary. Judge bowling was
not only charged win dong what he had no right
10 do, but with dong 1t rom personal, vindictve
malicious motive. AS the prom0yent mad hJsen TO
sow the wind ne had no reason 10 complain If he
reaped the whirwind lie then proceeded To READ
the following alhdavit OF Judge Downg:-
AFFIDAVIT or JUDGE BOWLING
Joseph bowling beng duly sworn, deposeth thathe
has Justice OF the Court oi special Sessions OF
the Peace IN ana for the elCy ana county or New
York for upwards Of seven years last past ana tnat
since the passage of the law OF 1868 he has acted
az OF the Two Police Justices designated eAcu-
svey preside in and hOd mat court; That Tor very
many years II has been a common practice Tor
lawyers ol little or no character 10 lounge round the
City Prison and tue places oi detention attached 10
the different police courts IN the CITY OF
New York, to introduce themselves or be In
troduced 10 prisoners as they are DIought
in and committed, under the pretence OF
serving them as counsel, getting money from them
IL that way, and II appearing Tor them on their trial
being OF no benefit to them whatever, or else max
ing default altogether not appearing at al for their
victims, but leaving them unexpectedly To their tate;
| that this same practice has also been extensively
pursued by persons who were not licensed lawyers,
| and that bOtn classes OF these persons are well
known through he community as '.Iombs shysters,"
''Tombs lawyers the CITY Prison beng generally
called the Tombs, "Tombs harpHs,n 'iOmb5
sharksn and the like that their mode OF operating
has been 10 form KIND oil partnership with under
keepers by which, IN consideration oi their friendly
olces III securing them Victims they agree 20 and
do divide, in larger or smaller proportions,
| their plumber with them tnaC this deponent
has had occasion IN many instances since he has
been q magistrate TO ferret out ana act upon the
misconduct OF such assumed lawyers entertaining
complaints against them ald compelling them TO
return their III. gotten gans;n that he has uni
fprmly, from the very commencement OF his Judi
their practices, and thwared them IN every way he
could believing That TO be his pubic duty that when
such persons appear In court tleE appearance Is
such to reflect upon the administration OF justice
by their utter ncapacty and want OF qualincatlons
| generally, and that when they do not appear their
practices outside necessarily bring dlscredit upon
the court In which they assume To nave the right 10
practice; that In many instances they have
| pretended to be on terms with the judges,
| and to be under the necessity OF giving
| them o portion oil the plumber they manage to
secure. That since the jurisdiction Of the Court OF
l lal has
every species OF nsdemeanor the number OF cases
| falling within the province OF the conrt has been
almost hey ond conception, and that III the year 1868
alone 2l9 were acted upon by that court with
Ger AMY no diminuton Tor the current Jear. That
this state 0i things necessarily brings together ON
| the days on which the court Sits all who have or
claim the right to practice as counsel In the court,
and that among them those who are perfectly re-
puiable and honorable lawyers, consideration for
| whom requires that they should In no way be con-
founded with their unworthy brethrea; ;o. That
| by lawyers or so.caled lawyers coming
| to the knowledge OF the court and OF this depo-
| nent As one OF It's judges, where prisoners have
been viclimized by unworthy men, neither the court
nor this deponent one OF Its judges fails to EN-
the perpetrators OF such outrages That this
in way levels Itself at particular individuals as
| such but is meant to reach the entire class and
that 80 far as OF this deponent Is con-
cerned 1t has been free from malice and unpromped
by private feeling OF any description That thus de-
punent has aimed at the success OF system OF
form in these respects, entirely irrespective Of
| OF whether the particular persons affected were
| the afidavit of James d. Mcclellan Sworn
| to June 26i assals or impeaches the motives
ence TO the occurrences therein described, it is
grossly and slanderousy false and that so lar as the
action o. this depouelt mas IN any way reached or
| anected him his conduct has been actuated by the
considerations herein above stated and no Others,
under the honest belief and conviction OF this oepo-
from what he has seen and heard OF him. That
his in the said Court or special Sessions and
in the procurance Of business therein has not been
| that of q correct and reputable lawyer That since
the lglh day OF June, 1859, Mcclellan has made
ATTEMPT TO be heard as counsel in The Court Of
special Sessions, and has had business with or
before the court rendering 1t necessary that he
should appear That according TO deponent's best
| recollection ne did not refer to any acuon or
suit commenced against him by Mcclellan; that on
| the day Christina Hocn was called Tor trial she
pleaded mot guilty. TO the charge against her
petit iarceny) aud that THIS deponenl, Observing
her apparently In tears asked the reas0n tat she
produced card, which was handed up to this depo-
nent having the name OF the said Mcclellan upon
It, and stated that she had paid him ten dollars to
defend her, and had no. seen HIM since she paid
him the money; lie then ASSIGNED ner coanse, alu
although she was convicted he imposed a lighter
sentence than he otherwise would have done, owing
to the circumstances that so far as deponent knows,
IL informed and believes the general professional
| character of the said Mcclellan is not good.
AFFIDAVIT OF CLERK OF SPECIAL SESSIONS.
Counsel next read the affidavit OF Mr.. Johnson,
CLERK OF the Special Sessions. setting forth that
order had been placed on tue minutes of the court
| excluding Mr.. Mcclellan practising had Judge
Downing gwen any order IN relation " the matter.
| OTHER AFFlDAvITs.
Counsel also read TWO other aiidavits made by
the wardens Of the City Prison ana the PenitentarY
| in relation to MIR. McCeilans connection with
| case IN winch one Christina Hocn "a German VINO
did not understand Englsh was accused OF larceny
| In the special sessions. and from whom (as the
afidavts stated he eXtorted fee OF ten dollars,
but fllled to appear in her defence when her trial
came on
counsel for respondent having announceq that all
his testimony was IN,
MIR mcclellan, rising said that he appeared there
tue IeiatOr on ms behalf, aud he desired, rs
matter oi justice TO himself and IN order that he
might reiute the sanders-the utterly false state
melLs-that mad been submitted by the counsel in
the reading vi the alldavts, that he might be al
low Ell tul. TO prepare counter aftdavlts when H.
would prove by respectable witnesses that every
wOru uttered in the respondents ailidayits were as
deliberately false and untrue as ever dropped from
| Tue lips Of man. lie stood there with his reputa-
ton in has hand, and, Notwithstanding That
number OF the members OF the bar mad prOiered him
their assistance, lie mad come into That court room
and presented III his atldavit everything he could
say, SO that tie general public might be informed