The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-11-18
THE FORENSIC TWINS.

EccentricitIes Of the Rcgus Members OF tho
LEGAL Profession.
Yesterday morning the case Of the two patens
divorce lawyers, Nrson A. House and Edward Ge0s
hard, came up before the General Term of the su.
preme Court, present judges Cerke, Sutherland and
Cardozo, on the return OF two orders requiring the
parties named TO show cause why they should not
be dismissed from the bar for reasons which wilk
appear below.
The case Of House was first taken up and the mo.
ton was made by Mr.. ID. I. Waldron on Tie follow.
ing order to show cause-
At general term Of the Supreme Court held as
1859, present, Thomas W. Cier1e, Presiding jus
ice; Josiah sutherland and Albert Card0zo Justi-
ces.
On the judgment roll in this action In this court
OF Charlotte b. Nichols against Alexander K. L.
Nchos, filed Jniy IL, 1859, IN the Clerks Office in
this city, ana on the papers and aiidayits led In
said action on September 80 1853, on the motion
TO set aside The Judgment therein, and on the aiii-
dayits copies OF which have been heretofore served,
let Orson a. House. an attorney aud counsellor ol
TINS court, show cause at The General Term u such
court, at the new Court House, III the clty OF New
York, on the lith day Of November inst, at thS
opening Of the court on that day, why hfs name
should not be stricken from tile roll OF attorneys or
inns court for cuipable mafeasance as an attorney
and counsellor thereof.
fh'st-By practising fraud aud imposing upon the
court in initiating AM conducting the prosecution OF
raise ana gronndless action lor unworthy aud
vena purposes
!second-ln lraudulcnty attempting TO conceal his
connection Herewith by causing it TO be instituted
In the name OF another attorney, and procuring
such attorney to lend HIM the Use OF his name Ior
the purpose OF sad suit.
7hfd--ln connWing and conrederatinR with one
Edward d. Cebhard TO procure false evidence in
said action.
Iouuti-For procuring an aiidavt purporline 10
have been sworn TO ny David j. Price as TO tho SER
vice OF summons and complaint In said acton when
SAID House well knew chat the said service was noe
III fact mace, nor such aiildavit IN tact verified by
said Price.
FinhIn causing such anidavit to be used on
motion Ia such action
a I'M nrl rafa fpya in
said action, by procuring witness to appear and
testify under false name, aud to facts Which ha
had reason TO believe were false.
Sefeidh-For causing that and other testimony
taken or puporting to be- before said relece TO bo
used ut Chambers on motion for Judgment IN said
action said House wen knowing that such testimony
was IN material particulars deceptive, fraudulent
AMI false.
For conduct disreputabe aud disgraccfnl to an
attorney in publishing or causing TO be published an
advertisement OF which the following Is a copy
A BsOLUfE DIVORCES OBTAINED IN DIFFERENT
~ States; legal cvcrywhcre desertion &c. sufficient
cause no publicity charge until divorce ottaned
NJ HOT sE, Attorney, rs Nassau street.
The particular acts Of misconduct more fully and
specilcaily appear ON the papers hereinbcorc re-
ietred TO, on which this order to show cause s
male. CHARLES Il. LOEW, Clerk.
Mr.. Edwin James, on behalf OF House, SAID he
Understood from Mr.. House, before he had consulted
him. that he had fled certain af1ldavits in answer.
Mr.. House was prepared to meet this charge fully,
and the first application he had to make was to ask
discretion, where the witnesses on both sides could
be cross-cxamined Urd roce IN presence OF the de-
PENDANT. lie had searched for precedents In this
country IN matters OF this character, and he could
find none except one TO strike an attorney Off the
roll II he did not account for money
received from the hands OF his client. IN "Gra.
hams Practice'' 1t would he found that the English
practice was adopted. Their Honors were, OF
course, familiar VIVA the proceedings there, which
l.n,a
were sent III answer and the Court at the request
Of either party, directed the matter to be referred
to the MASTER to give the party an opportunity Of
examining the witnesses against him. lie (ur.
james, suggested that the statute which gave the
power to the Supreme Court expressly SAID the
party shall have an opportunity OF being heard He
referred back also TO that winch was tue palladium
OF the liberty Of this country the constitution OF
the State OF New lor6-wiich provided that
every party accused had right TO have
the accusing Witnesses brought before him
to have them cross-examincd. The very trst and
most serious charge against Mr.. House was hIs
getting person 10 appear iiaudulenty IA witness
before 4 referee. Al he desired was an impartial
trial and an opportunity TO examine Witnesses and
Judge Clerke-We have had considerable expc-
rience relative to matters Of this kindthat H. send
Ing such cases before referee. They generally come
10 nohng, and We nave therefore, determined not to
grant this application, but we VIII give yOu another
day. Next Friday week we Will hear you mere In
court.
Mr.. James-Two important witnesses are at Mon
irea, In Canada, and we can't get their ahidavs in
so short time. The HERALD has been made this
medium OF communication in this matter by an ad-
yerlisemcnt which has appeared IN it. The sons OF
Judges aud exjudgcs are concerned In The matter,
and ii VIII take some time to Investigate II.
Judge Clerke-Ihe duties OF the Court are such
that they cannot grant any other day before me next
General Term except Friday week; but the majority
OF the Judges have no objection TO let bo,h cases
stand until the first day OF next General Term. They
Will be ordered on the calendar for that day, and
preferred to any other causes.
Mr.. James asked the Court TO direct that the wit
- md M mo ffu fhnt
ON that day.
judge Cierke-Ir the Court should deem it neces.
sary 10 have any witnesses appear an order VIII he
GEBpARD's CASE.
The case OF Gerhard on the following order to
show then introduced by Messra. Fuller.
ton and Brown on behalf OF the defendant:-
the civ 81 New Ynrr On 'n t , aav ~
1s69--present Thomas W. Clerkc, Presiding jug
tce; Josiah Sutherland, Albert Cardozo, Justices.
On the Judgment roll In this action in TINS court
Ct Charlotte d. Nichols against Alexander II. r.
Nichols, filed July Is 1859, in The Clerks ONCE Of
this city, and on the papers and aflaviis nled in
said acton, on a0ih September 1869, the motion
to set aside Judgment therein and on the aniaviis.
copies OF which have been heretofore served LET
Edward b. Gebtard an attorney and counsellor OF
this court, show cause at the General Term ~ such
court, at the new Court House in the city Of New
ork on tie 18th day OF November inst. at the
opening OF the court on that day, why MS name
should not lie stricken from the roll Of attorneys Oh
this court.
fa.t--for gross and fragrant misconduct in de-
baucing ana abscondng witn The wife OF Alexander
by procuring a lase and gronndless action 10 he
commenced III ler name for divorce from her hus-
band upon base and unioulidei charges and false
and fraudulent testimony.
Sec0nd-for contedcrating and cOnniying with
orson A. House in eulp pablo misfaasance rs attor-
ney 10y practising fraud anu imposition OH the court
in procuring false evidence III SAID action IN procur
ing an affidavit purporiing to have been made OF the
deposit OF summons aud complaint Ill tue Post
once directed 10 the defendant IN said action, when
he well knew that said service had not been made
nor the aidayit IN Tact verified; IN pr0curn an or.
der FOR publication Of sald summons by ialsehood
and deceit; IN concealing the tendency OF said ac.
lion nom the defendant therein and procuring re,
port rom tue leieroc favorable to the pianllf; in
evidence given In Ease name and unio,indcd in
ine nc wen knowing by the laws Of this siafc the
paiaNd Was not entitled 20 a divorce.
fnhr-iOr marrying Charlotte H. Nichols, the
vile OF Alexander Il. Z. Nichols, knowing said
Alexander Il. 4. Nichols was living, and t1at the
divorce was false end Irauduently obtained.
Tue nAftlcnlar acts OF msconllncl more Mlly and