New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-07-21
THE COURTS.
rHE NEUTRALITY-SUSPICIOUS. CAsE.

IN H. "a
oent Yesterday with regard TO the Tombs transaction
ne called attention by way OF argument TO show that
Judge bowling against Tombs SINNERS. He also
6oW9ss Which had been presented TO the keeper the
PenentiaTy within few days. This he did TO snow
10 the dangers incurred by Police Justices two i'm
peachmens having been got by acque against one OF
10 them Mr. Graham claimed that the Jewelry ease was
10y McCleland himself confessed to Coulter johnson
renewed his offer TO Mr.. McCelland TO pat IN an affidavit
that the mons{ PAD 10y MIS- hoeR d WAS h2s o t
gvcny his consent Anything short OF that was mere
sdayit denying that he received any portion OF the
McMuigan fee should be put IN 4 1t could 3e: hC 0%eo
aud wOud nterpOse no technical objections 70 the
clearing OF the reputation Of member OF IT, AS lar as
Jgdge Dowlgg was concerned such aidavits would not
affect the judgment on im as the acls when might DC
briefly. his argument that the Court of Special Sessions
was Court Of Record aud that Dahaagts was ~ dis,
creonary writ The Judiciary act OF le4 provided Tor
the admission OF at9[Heys ana autnoTzf f tnose aa
ana the Supreme Cont the power to suspend or re-
move He supposed that TINS power WAS not cOnhed to
the General Term but might be eXercisedby the Special
Term Justice Caidozo said there was nOd0nbi OF tha
Mr.. Graham resumed The question was whether this
power regulate the practice before them whether
when Court OF Record discovered that person before
He amazed r" MI DriSbts orguient in the
Columbia students case, show that prior 60 iS47 each
Court Of Record had the power 10 admit and suspend Tvs
own attorneys The question was whether all this power
taken away by this OF the act OF lSlL Was
there no power 10 put temporary stay IN the pCCSeu
sS Of an unworthy attorney until the case oouiu oS
passed on by the Supreme COURT The truer RUE seeu
TO him that 50 much Of the common law power was le III
each Court OF Record to suspend an attorney "HVse @
wortlness appeared to from practice before ~ unIn
the could be brought before the supreme Court
The purpose appeared to him 70 be the pre-
Neuton OF the necessity Of applying TO eacn Court ior
pcaled 10y implication. Mr. Graham then took some tech
meal objections TO the proceedings that me
tue Court Of Special Sessions Improperly
arfS comualued words of Judge DOWltug,
aud entered ORDER that at most they
mere threats-uo order prevented Mr.; McCelland
coming within the bar. He quoted the OF
Mathcr Alabama case, and arguing from It that no
Jog nothing bat threat the application should be for
proceeding by mandamus could be taken, Tor the
oauus issue to the parkk keeper to admit whom he
Threatened 10 exclude Mr. MeClelsnds proper course
~ III, On, If arti1h hb civil and criminal
lie need say that as Judge Downing was sat
sHcd c had hts powers be would be the first TO
Withdraw from his position But the had nothing TO
uruCd his right 1t dad not appear That he wished 10
practice in that COuri--aOn eonstat that he viii
ever have client IN that Court. He had adver-
tisrd in the most notorious manner that be was
la the worst odor with the Court 40 man nOI iDsane
would employ him IN that Court while Judge Downing re-
manned on the bench judges we're bat mem anu tIe
p:umOven he went there must speak 20 ueal eaIs vi 10
t.rs already Trj1dced against HIM Being such an III
sirumcnt for veal as that Court necessarily was,
delicate questions the bOsOms OF It's Judges without
ana conscience standing intermediate the originating
those which decide the higher grades OF crm
of the yioator of the law III MS nst
efforts ere he rusnes into those ,
cxcrlUs OF those who preside In that tribunal 70 pre-
serve its dignity aud purity aud make II what It
really led blessing the community, should be seconded
and iTOwned upon or thwarted by Whatever Court
may power 70 control or supervise IT'S acuO
TIE relation Of lawyer 10 the sanctuary OF 1ustce 70
that altar In the ceremonies performed at Wmeh
Lac acts important aud responsl1e part; may ~
compared the st more sacred relation Whleh CON
meets the priesthood with the temple OF tHat mo
may not touch hs holy Work with lnlous na1S, 'o
highest of honesty aud integrity should always DC
manifestations he Is an ornament OF society; the necessity
81 his will never be questioned ana none WIN
u"g VI sne Without such attributess be becomes
i nesf n nubic nuisance: and IL is easier for tie
nd conceive than for the tongue 70 express the ut
MI McClcand replied Mr.. Graham. He claimed that
Mr. Grahau's admission OF hs ability was an answer 10
ability Whatever force there in bis action on MS
ercised for those VINO had eonndeo IN MN
The charge that be had attempted 70 ntlmuate me
Court not very complimentary TO the Court or the
Judges past record As his appearing for himself TO
sympathy he would say that ne had defea 20 Pre-
The Court asked 10 sustain the eHOrt OF inc
Court to obtain decent par VINO was sh - } use
send lawyers out OF that court cOntumeliOusy commit
ting an indecent and illegal act; was he 70 judge OF De
cency His main object IN this proceeding was 70 settle
the principle that Judge Downing was not 10 rae rough
shOd over lawyers Mr. Graham had admitted that Judge
Bowling but human and that his appearance IOr q
prisoner would but ure the prisoner ana aggrNaIe hs
ia fact his claim that because ne hao
orought sut against Judge Downing be had sought 70 in
ure him. 10 concession that Judge Downing Wasinc
pablo Of fulfilling ms oath Of office, was gcapaDe OF holo
ng the scales ofJusuce even Inc court Oh SESSIONS ~
court OF record for special purposes iof he oi
INJECTING ue aud Imprisonment Tor no otbef purpose
to suspend attorney, not Tor general purposes
But IL Court Of Record, why was not lIs Ofuer
this recorded Judge CdrdOzO inmated that the
question whether II an order. Mr.. Mcclellan
COnteuded that order often verbal III ms hOhOr
order and its disObedeuce punishable SO II Judge bowl
ing had said TO him as he had said TO others, won't
hear yOushut up: would not that be compulsory or
der The Court OF Special Sessions Is one OF tteq Ju
TisdetiOn, and IL Court OF Record only within those
limits. record therefore, OF such order could be
made and It's verbal order was as gOOO as Us written re-
cord H. however order should have been entered
then Judge Bowling was attempting 70 shield hmselI
under MS own aud his Clerks wrong. Mr.. McCelland
proceeded TO argue that mandamus the proper rene
DIV and should in this IL was Tor the pubic
good that mans rights should be protected ana TINS
the only mode OF protecting TINS Only noue
OF restoring It. Mr. Graham said he dd not undersanQ
that he had yet been deprived OF IT, MT hoCleand sara
a the counsel hinhat he should not DO de-
barred from practicng IN the court OF 5Pee d
Sessions. he would drop the proceedings at once
Mr. Graham said he held that the COurt OF special pes
sOns the 70 suspend until the supreme court
ebOu la pass on the case Mr. McCeane quoted cases 10
show that the Supreme Court alone had that power IN
this motion, he asked 70 be restored 70 rg-a Tght 10
practice-a right inherent In him certain conditions
ike OF nDery-a right 10 whose enjoyment ne was
entitled fDatedtately. Yet counsel would send him 70
Albany impeach 70 the Grand Jury TO indct TO the
Courts damages. And how long would these takeI
How long would his immediate right be kept In abeyance
Besides neither indictment impeachment would DC
proceeding his behalf. They would be proceedings
for the People and not for him Judgment for damages
would be no aid. Judge bowling might sun refuse 10
hear him. The Court was then adjourned 10 wednesday
stH a. IN.
THE BROKERS AND THE UsURY LAWS.
The proceedings in these cases were continued
IA ~ nvap audi