The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-10-25
TIE BISHOP DIvURCE CASE
Another Case Of Barratry-Count Joannes
kicked Out II the suit-Boasted Chivalry
Turned to Grasping aroed-Spicy AfR-
davih, spicy Correspondence
and Spicy Proceedings
Generally.

Unusual fyelincss was impaired TO the proceed.
lnas yesterday morning before Judge Jones OF the
Superior Court, through argument Of mo.
Hon to substitute another counsellor in place
or C0ant J0annes In the Bishop divorce
case. With oil the energy OF his impetuous
NATURE with all his impassioned eoquonce; with oil
his wit, sarcasm, power Of terrible invective and
moro terrible powers Of quoting poetry and nistsry
the Count fought the motion. The legal combat, In
TACT had ali the thrilling interest of gladatoriai
contest and was greatly enjoyed by tho crowd
present
HOW THE ooxBAT BEGAN.
The motion was made In the usual way and
came up in Its regular order on the calendar.
Mr.. Peck, who had made the motion, was the
nrst to speak upon 1t, ana In a few tersely
eplgrammauc sentences explained the COUNTS
connection with the case % counsel for MIS- Bishop
the plaintiff In the sui how ne offered his services
In her behalf without pay and without price; how he
wofully mismanaged Il; how he went counter to his
written agreement In allowing It to 60 before a
referee; how she tried to shake him OF and how he
refused 70 be shaken.
TRE COUNT IN HIS DEFENCE.
Macaulay declares Burke's defence OF Warren
Hastings the most brilliant forensic effort known IN
history. II was nothing to the Counts defence Of
himself He began with slowly uttered sentences,
and then as the burning thoughts gowed In his tu-
mutu0usly heaying bosom he waxed more impetu-
GUS of speech, and the words leaped from his
mouth In an irrepressl6e now-a dictionary
nadly rampant. He hurled invectives az the
giants Of old hurled trees and he filed affidavit on
affidavit, like Peiion on Ossa. masterpiece Of
reading was that OF his "pOwer or Attorney given
hlm by Mrs. Bishop. But when he came TO speak OF
height. some one has said there is
not more sublime spectacle in this
against adverse circumstsnces the Counts ssrua
gle against the outrageous sings or fortune cast
upon him by the opening counsel was scene OF
th1a extra sublime character. With that exquisite
wit more ready TO obey his benests than even spirits
Of the vasg yo deep, he remarked thar he could
Ness could any paltry Peck restrain his impenous
WIN ana PURPOSE ,n rms pun helped MN 10 mes-
ssrssted IN Mrs BISHOP This Interest "i had
Its starting point in the fact OF her being
descendant Of Fletcher the valet Of Lord
against the Migrant assaults OF Mrs. Harriet
Beecner Stowe. lie felt for her as he felt for the
Of his nature was aroused. He sought her our,
found her poor and starving and furnished her and
s 70 vss son va IN SS
o6sea 70 her hotel bulls He
the suits sine had eight In number and how he took
the papers and went TO work In her behalf. She
now sought TO get rid OF him. and for this
she should pay him. Tue whole thing was
treaoie about Bishop tanohor pun,
to hang his heart on his sleeve for davis to PECK
tanotner pun at After referring TO the Jumel suit
awe p Mrs she he saa WHINE 10
gent and could speak nve languages, and wanted TO
60 on the stage and play Macbeth to Mir. Peck-her
MEASURE FOR MEASURE.
Again Mr.. Peck rose to urge his motion. He
characterized the Counts effort as piece OF low
The Count-It is the height OF genteel comedy.
Mr. PECK, unheeding TIE interruption, entered upon
Mr.. BisnoD mad long tried to shake on this man US
her iawyer-a man he disliked to be obliged to call
ner's rsclIing how the count had d promised.
Y ne took hold Of this divorce case, no
mouths. she had got Disguised with him. and now
refused either 70 withdraw from the SUIT or give up
the papers before he was paid Tor his services,
AND he aSa s s
the sole recOmpense he required. He proceeded 10
read the correspondence between the tive.
~ would not ask for q better inscription on my
tombstone than that letter. said the Count after
the reading Of his hrst letter 1T would be better
..Perhaps ali the letters may not strike you 80
favorably," quietly remarked Mr.. Peck, aud then he
sWeo tore OF my signature to this letterr, asked
tho Count, who was running over the originals as
the copies were being recorded.
II don't know, - said Mr.. Peck.
al deny the letter to be mine," replied the Count,
jumping to MS feet.
Il believe 1t Is not my writing" answered the
Count
the Judge, 'f you want your statement to have any
effect witch the Court"
The Count subsidized into silence and his seat
Going on with his speech Mr.. PECK made another
remark, however. which quickly brought the Count
ALLOWING this case to 20 before referee said
Mr.. Peck, twas most pointed and direct violation
Of an express written agreement MADE between tho
unfortunate plaint in this case and that individual
In
THE COMBAT DEEPENs.
"Do you mean to insult me I" numbered eut the
Count al don't lake an insult from any one, in
court or out OF court''
II have no explanation to make" said Mr.. Peck
c0olly.
..Ths ia highly improper" interrupted the Judge,
and this preliminary betokening OF prospective cOf
fee and pistols Tor two was happily nppsd IN its IN
In closing bis speech Mr. Peck gave several we'll
directed shots at the p0wer Of attorney" previously
pletely Kidding It TO pieces. Alter this he added
that he was willing something should be given to
the Count If the Court thought proper to ORDER but
not Oh the ground that the Count meried anything,
but to get rid OF him.
THE COUNT NTERnoaArETH THE COURT
"Can speaker asked the Counr, jumping to bis
feet as soon as Mr.. Peck had concluded.
mo, SIR, ~ blunty answered the Judge There
mas been speaking enough. wish now to ask Anew
'Well. SIR" answered the Count, still standing.
.'What particular services have you rendered in
this dIvorce Sultfn
..Al the kinds OF service required.n
II ask the particular service.''
"Drawng up the papers and attending to mo-
uOns.u
"i don't remember but one motion ana entering OF
order of reference
my usual retaining fee is ono hundred and fifty
dollars. but shall be happy TO take any sum you
please to specify as due me.'
THE JUDGES DECISION.
''The decision OIL the Court Is that yon have no
legal claims Whatever said the Judge, in now
reaching the 'sale Of the case '.ior pay for SER
vices in this case.r
'.How about those hotel blsln interrupted the
Count
~ have nothing to do with thosc.u
ITO have sufficient 'Ien,n continued the Judge
'there must De good legal grounds, and there are
none IN this case. You must give up the papers,
and shall draw no allowance for you."
Does that embrace the papers IN the other suits 20
"Only in thls.n
.Uh then, am satisfied, perfectly satisfied
Bishop and mean to prosecute them to the utmost
Il only hope. sand the Judge, 'that in granting