New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-07-20
THE COUBTS.

MORE OF THE McCLELLAND-DOWLlNG CASE.
The People eT rel. Mcclellan agt. Uocliag ct al.
Supreme Court-Specia Term-Before Dir, Justice Car
dozoAdayits Ia denial Of those produced by
statement that he not and had not been In
way counsel for Judge Downing MT Johnson the Clerk Of
terview between himself and McClelland as to the
woman from whom he received and 70 whom ne returned
the handbook and other articles Judge Downing aenles
having said any such thing about being satisfied that
Chrstans Hook had PAID the money 70 some other per
Mr. shanks OF The Times. Mr. Shanks himself cuts down
Judge pc%ins had said that he would not be beaten and
answer by him that he had heard something OF the
kind. Mr.. yMcCleuand then commenced ms summing
up He stated the admitted facts that he was an at
tOrney and ataw duly admitted and that on
Wo1S nS ssr S naa T n
usurpaon but Dowlng's own affidavit showed that this
6nbaS part pa 'U Of system The adavit Of judge
bowling in insinuatons says that men pretending 10 be
preense OF serving them Was there any law 20 prevent
lin from seeking criminals aud pretending 10 serve them
professional record showed with no little too
Judge Bowling complains that these men get nom the
How otherwise is be to But i the counsel appeared
they did their clients no good Trne II the Justice bad
any private spite pque he was OF no Use 70 him but
II he made default then he on the other horn Of the
ments shown by the fact that IN all
he had tried but four before HIN, diskng plac.
been driven from practice before the Justice. some Of
the most respectable men al tile bar had been compelled
20 abandon the Court Henry Bergh had been in.
suited, that he refused 10 come again before that
Court His Obscenltes the bench had made the Court
unfit FOR the presence OF respectable women. HIS
oyerbearingness the common talk Of the public and
been permitted 10 show the character OF Judge Bowling
IL would have appeared that that character for veracy
reputable lawyer, few criminal lawyers had in the
time had as much practice. He doubted whether even
Mr. Graham had IN all bis great practice tried 50 many
without fee hope of reward. He commented
the way In which Justice bowling had acted. The Hook
story was not got up I'LL after Judge Dowlngs first at
tack had called attention and comment IN the press.
Then card handed TO the Judge by Chrstiaua Hook
The Judge does not wait To inquire he does not put on
the trial suspend sentence for day 20 confront her
with HIM. He hurres her of and Il with the greatest
difficulty that he obtains an interview with her But on
this er pdrte statement OF criminal Judge DoNHng
which had jurisdiction OF Attorneys action the General
Term OF the Supreme Court would not have done As for
the second charge that about the bank book taken from
woman IN the Tombs. his own affidavit aud that Of Mr.
Coulter and Mr.. johnson all agreed ON the essential
ing that through accident he failed appear Tor her
the trial. and that the same day he returned her the
property taking with him % protect himself from Judge
Downgs captousness the Clerk OF the Court As TO the
third case, McMullgans, the evidence of Mcuade aud
business, that he did explain 20 them there no
necessity for his retaining; while those am
dayits and the deposition Of Assistant Oey
showed that he did perform services Tor nm Inc PICK
ing up OF this charactereSs mans er PdS AFFIDAVIT ~
had been continuously insulting 10 the speaker the
bench and on the street even. Justice Bowling might
tion, aud no warned Inn that whenever assaed Ia hrs
rights he should strike back He not 70 be crushed ny
That question he proposed 10 carry 20 the supreme
Court. Why had not Judge Downing II he believed
these charges, them before the General Term OI
the Supreme Court There he was prepared 20 meet
him nc any time on these charges ana no others cVu ,
gotten up against him. As 10 the law, the .nd
provided that every OF good mora "a 49,
duly qualified, should be entitled 70 piaVt',,, -,
toruey IN the courts BuL under the olu plat'',o -
that could De dcoalt 81 cAol'u
ed except after charges Only preferred OF NO VoPJ
had been served on HIM aud an OppoF ElNtH
10 be heard i'm reply This had been he!u also ~ AAl
sas m Brous case and IN the case OF uaithuu ~ shs
sinns yns a court OF limited jurisdiction, not
sn,no,e,Sd 10 make such Srder The order was
therefore n mere usurpauon ana Dtannous VaPtlee.
Mnndamns was the proper remedy on AltoIue3 MaSs
nnhlic oftcer. There WAS no OtRet auequa'c Icncul
1idgc Bowling was public ohcer bouhu 70 near Ooun
sei I'm defense OF prisoners. Mdndalnus Is VIC ohJ
nroner remedy. The remedy by SUIT lot uahasvs MSA
rh,I,, tnndennae even H. which was doubtful! he olr
ained ANYTHING on the Judgment. an acton iOi dhhag
Womb moi restore him 10 the right whlch Ne ueuauiE'
Indge Dowltng would tell him 10 sue on hr' alcolSt
land ouoted several cases Mr. Graham ASKED nc VOuu
show any case where mandamus had lssuel On lS
verbal expression OF the Judge. Inc cases nc n'i
were all cases OF record orders. MT McCieilahu sau S
would take up that point Mr. Graham salu ne uu ~ ="
take the ground that Judge Bowling had the pOWetU
restrain him from praoticng in Superior Court oue
had tho right, when he had ground 70 Deleso
from the conduct, or supposed cOhdnct OF an
Attorney that he had become unit 10 prseHeo ~
that court TO enoin HIM from pracuee ~ rs
Court al any rate until the District Attorney couu
sent the case 10 the General Term. Mr. McCleiahu
the fact that the order not entered up on Nt
counsel seemed TO rely ia defense, was III ae "N"P