Evening star. [volume] (Washington, D.C.) 1854-1972, 1870-04-08

StdgS f'ufceu on mana tcirh q NeU Hdf-Gen. MAS
sey Assails the Character of the Judge for Chas-
Gty-CeL N. Thompson Cones TO tks Judges De-
fence Compares the Judge 70 lee from Diana 8
Tempie-Gen. kussey Can't See h---Coi. T. Ad-
D,,ts that the Judge Is Not a Joseph-But says let
those scithout SIN Rock the Jadge-Juage Purceu's
only Fault hdt he Wa Look at Pretty Women-
And. Eioqaentiy inquiries Col NJ Thompson.
Where Is he Nag. VIC IS a Nor, Vho Does'nt
that kdn, or is any other Nan that kday INoSir!-
TRe District Committes Conclude that the Matter
as Getting Beyond their Range and Refer the
Whole Thing to the Judiciary Committee.
In accordance with the announcement in TIE
STAR Of Tuesday, the Senate Committee on the
District OF Columbia held a public meeting thi~
morning to hear arguments, pro and con, on the
bill to establish Probate Court in the District
The occasion brought TO the committee room
quite large representation from the Washing
ton bar, among them some whose familiar faces
can be seen on Tuesdays and Fridays in the
Aldermens Chamber at the City Hall where
his Honor Judge Purcell administers the law
for widows and orphans. John II. johnson
ance. He was followed by z. g. Robbins. Esq.
formerly Register of Wills, and among the
others were Col. Michael Thompson, Col Jas
Mcclure with his gold-headed cane, DIR. Anti
sell, Gen. X. ID. Mussey, Anthony Pollok, and
Justice Charles Walter, and last, though not
least, his Honor Judge Purcell, who made his
appearance with a "bran' new silk hat I'm
end Of the table, where he made one of his most
profound bows to the gentlemen Of the CON-
mlttee.
OF the committee there were present Senator.
Hamlin, Patterson, Nickers and Howell
Mr.. Hamlin, the chairman, in calling the
committee TO order, presented petition, signed
by $50 citizens and property-owners of the city
praying that no law be passed to change the
present Orphans Court or remove the Judge
thereof. Hon. w. f. Purcell, who had always
discharged his duty with ability and in the NEST
acceptable manner; further praying that his
salary be increased to IS 600 per ann1m.
He also presented four memorials, one OF
which was signed by 3 ,2J1 persons. PRAYING for
the establishment of a Probate Court in the
Mr. Hamlin said that at the last meeting of
the committee notice had been given that ali
parties would be heard on this question to-day,
and the committee were now ready to hear ar
Judge Purcell What's that. your Hopor?n
Senator Hamln repeated that the committee
Judge Purcell.-L'You did give ms notice, sir,
and acted very honorably, sir, as you always
have, sir, and / have known you for twenty
years, sir'.tclearing his throatl-
Mr.. Hamlin.-" Yes, SIR"
Judge Purcell.-"I wish it distinctly under
stood by parties here who are seeking to get NV
place by side wipe that if tn Y have ought
against me as Judge or a gentlemen am ready
to meet them sir; 1 am here, sir, ready TO meet
them. (Clearing his throat again.)
Mr.. Hamlin (smlinglv.)-"We will give both
partleS a tnOrOugh nearing.
General X. ID. Mussey called the attention of
the committee to the bill recently introduced in
the Senate by Mr.. Trumbull providing for the
adjustment of the Orphans Court, and ap-
pointing an additional Judge of the District
Supreme Court who shall discharge the duties
OF Judge Of the Orphans Court, but that bill
being before the judiciary Committee he felt
some ,h h;, N % bringing it up here 1t
ceptable TO all persons. As to the necessity for
the appointment of an additional jussacs Of the
rsrfS
at the present term there were 500 jury cases for
trial, and although the court worked assiduous-
ly ii was impossible to get through with all the
cases and hear arguments on demurrers
Mr.. Hamlin.-"That bill is not before ms. but
il il is the most acceptable one, all of these me-
MORALS ought to be reported back to the Senate
AMI referred to the Judiciary Committee I Of
fered similar bill. which is before the same
committee. All that the District Commit e
can consider Is the bill before il to establish
a Probate Court"
Gen. Mussey.-'. With the execution of the
personal character OF the present incumbent of
the Orphans Court there is no ground TO estab-
cohr e sfound Of 81 A 2aERhan
however, the change would be a very acceptable
one to all decent members OF this community
Senator Howell.-"The question of character
is not before u.s."
General Mussey (to Mr.. Howell)-"No, sir:
but We cannot impeach him, as no provision is
made for it, .
Of the District of Columbia, having entered the
room, inquired of Mr.. Hamlin il the bill to es.
tablish Police Court in the District was under
consideration. III so, he had made out certain
statistics at the request of his brethren on the
bench to show the necessity of establishing a
court here for the trial OF msdemeanors As TO
the establishment Of Probate Court he had no
doubt that II was a necessity.
Judge Cartier then presented to Senator Ham
lin the statistics prepared by him, which Mr.. III,
said he would use in his argument on the bill in
favor Of establishing Police Court
Senator Howell thought theJudciary Com
mittee had better act on the bill for the estab-
lishment OF Probate Court before it was con-
sidered by the District Committee.
Senator Nickers agreed with Mr. Howell.
a General Mussey said that at the last general
term Of the court three eases were decided by a
division OF the court, and there had always been
a difficulty, as they had no final construction OF
the law. This he thought sufficient reason for
the appointment of an additional Judge, in
order that majority should decide the cases.
Col. M. Thompson agreed with Gen. Mussey
as 10 the necessity of an additional judge for the
District Supreme Court, but that was distinct
matter from the Probate Court bill, or any in
reference with or abeiishing the Orphans Court
OF the District OF Columbia. Every member OF the
bar knew Of the Inconvenience labored under
as the Supreme Court was 0verworked, there
being 600 cases Oh the calendar, including ap-
peals. Judge Cartier had already been holding
the court six weeks. ana was not vet half through
with the calender. 1t Is not likely that the court
Is at present constituted, would ever get through
with the calender, II being impossible for the
present number Of judges to dispose of all the
cases. 1t was necessary to the ends of public
justice that another judge be added to the Su-
preme Court The bill for the establishment of
q Police Court, II passed, would lessen the busi
ness Of the Criminal Court, but would be of no
benefit to the Circuit Court; it would be neces-
sary to keep it open every day, including Sun
days.
Efr. Hamlin.-There should be an inferior
court to try smaller cases. .ffff' 90
Col. Thomps0n--If you abolish the Orphans
Court. and transfer its jurisdiction to the Su-
preme Court, it viii be necessary to add two or
three justices. However, IL the Committee
please, we came to address ourselves to the Pro-
bate Court question.
Mr.. yickers.-lf You could divide your furis-
dictiOn, and have one judge to try all cases
where the amount involved h less than $500,
and three judges for all cases where the amount
is greater than $3.50, you might get through.
Col. Thompeon thought that plan would be
acceptable. The present probate court was one
Of the inhsrtanscs from Asryland, and in his
Judgment large majority Of tho people Of this
District were opposed to any change in their
testameutary law or the system as IL came down
from Maryland. He had heard no gentleman
suggest better plan than the present one. 1t
was emphatically the peoples court, a. eli
could 60 into 1t. Professionally speaking he
would rather see 1t transferred 10 the Supreme
Court, ~ then no man or woman could approach
= n>uarol A,,...-ss.;J a. I;,y