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

d Osense in his hand It was in fact, baser injury
T Witches ot o aT q m Innocent S If thSR
Iwam hanged as guilty Judge Bowling refuses to hear
we're correct he had remedy But the Court of Special
Sessions was not Court OF Record Mr. Graham argued
mat II Mr.. Justice CardozO said that it had
seal " Court OF Record but not necessarily Court
Of Record for all purposes. In conclusion, Mr. McClc
han his own interest. IL the question whether
Judge to administer the law might himself over
de the law Mr. Graham i'm answer alluded to the fact
that Mr. hcClellaud had stated that eminent members
81 the bar had offered him their services Perhaps Mr.
MeClelland had supposed that his appearance would
excite sympathy, as indeed, under other clrcum-
stances IL might Goa man OF So much ability as had
been developed here, arraigned on such charges
but this sympathy he had forfeited by the TRADE. Mr.
Graham paid q high eulOgy TO Mr. Bowling, whom he
kbuse Of judicial Office frequently had the between
the to praise Judicial officer who did not deserve
a. The moving party was bound to produce his papers
Tr ~ fovor the CrTt had aiowed the moving party TO
PIT IN fresh afNdavts. lie, Mr. Graham, had made 10
objection To many Things on which his Honor would nave
hal rule favor because an e2Ort had been made
~ inmdtte the Court and to raise an Impression hat
fherc some intenon as the moving party was not
we'll krown lawyer. To crush him q worm. Mr. Ora
bsm discussed the previous proceedings claiming that
tho whole I Of the counsel for the other side was on
the part Of bis counsel TO win the Court by battery on
tue part uf Nc Colaud 10y Intimidation THIS had had so
wuch effect a to prevent him. Mr. Graham from inter,
posing any objections not vital IN the proceeGugs ior
fear o. producing false impression among inc pnbhc
through reports. Not TO be hard Mr.. McCelland
b. had offered nm leave to lille cerhcates OF character
frum any respectable members OF the bar He claimed
prJnf that he regarded Judge Bowling "a fitted for his
rlace. II claimed that this was not Court OF
Record Part Of the trouble that the mover regarded
- uo Court ANA entitled 10 no respect rs Court But
certainly TIE act Oi 1856 il an important Cont
What else did the mover want TO get there tOr MOI
mnFely stand there In front OF Judge Downing ana
DEFY him. He could no longer practice there Ills Char-
acrr there made Nor could he aid his clients there
Judge DowliNg vas after all hut man, and could not
altogether separate his feelings as man from his duty
Judge aj Oly the highest effort of duty could pre-
vent Mr. McCellaud's appearance for client from MUIR
nG him with the Justice. Mr.. Graham then proceeded
a. show that the Court Of Special Sessions q Court
Of Record, having the power to fine and lmprs0n
The writ fudHd0B9tS in the discretion OF the
n the rrlFtur improperly excluded by Judge Dow
bug ne might be imUeacicd indicted. Tho applica-
uu Is addressed % the discretion Of the Court Now as
10 Mrs. Hurh's affidavit: There Is no denial that
the money paid by her, or some part, came into
his pocket. lie might make such q demand now
4 he wished ~. But Justice Bowling had the riEht
10 consider his denial evasion aud TO act on
H. la the NcMuIligau matter IL is not denied that
N,Oaac cot portion Of the IL Is not dc"lcd that
b. Gunrd Ncaiuiligtu for the last dollar. IL appears
that ali ne did Tor 30 TO make motion 10 QiSCh'lEe
The witness Mrs.. McNUlhgau, and that the DISJUct At
ornpy did O, even know lac employed for the pros
ecuti1u lie was not now stating his own convictions
though he had thera, hat what Justice Downing might
fairly have formed With regard to the third instance
II was not denied that the return OF the prom
erty was after Mr. Coulter had threatened II such
practices were pursued tn exclude all such lawyers. THIS
the first occasion on which Judge DoWllngs ateu-
ton called his practices Mr.. Graham proceeded 10
argue that maudHmUs not the proper remedy. It
WIS allowed where the party had another remedy
exCCpt Inc NuuC interest required IT, MT Justice
CarjuZo . pcr STspendcd the argument III to-day,
and adjourned The Court.