New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-06-28
THE CASES or TIE JUDGES.
RESUMPTION OF THE TRIAL OF JUDGE a' DoTS
his COUNSEL ABSENT = 1UpUE O0""
~ plyrc To pR TRIED BY THE SENATE

o,s,,,,pr,oN or THE TRIAL OF JUDGE MCUNN
his COUNSEL ABSENT - JUDGE CURTIS
ELECTS TO BE TRIED BY THE SENATE
A1RANy. June 27.-The Senate met at
O'Clock this morning, with II members presen' -
counsel NJ Jndee McCunn were not present
sonator lewis called up question as to sumnohins
itnosses nv telegraph in the Prindle case, % ee vas
q prospect OF getting through with the McCunh ear y
~ m to-day and the Clerk was directed 10 'eloei"P"
witnesses to be present as soon as possloie'
Tho McCunn case was then resumed.
Charles W. Ranks was then called for and sworn lie
, Cor Beeeher the assignee in the case and
a1o.od rho action of Judge McCunn In directing inc
rrost OF Beecher. He did not hear McCunn threaten
that he would drive Bininger out of the country
Edward Van Ness tho next witness, was plaintn IN
the case Of Van Ness agt. Leeds and Others ana ue
tailed the circumstances Of the which were that the
cor was referred and receiver appointed when not
asked for y either party The papers In the case were
put in evidence. ,.,,....,0 ,no
case of Brandon agt Buck, Duncan, sherman * 10
This was n case Of the appointment, by Judge McCuhn
OF receiver Of OOO deposited with Duncan sherman
& Co. belonging TO the Hanson Cab Company.
The witness stated that application had been maze
for receiver and that it done in opposition to the
wishes Of the paties in INTEREST," that subsequently the
order was vacated. and afterward again. anotner re
lanes n MORGAN testified that Dubois came 10 him
and wanted him to 60 to Judge McCunn ana ASK ASK
S orplcetion saving that were to do it, Judge Me
Cum would refuse to grant the application; elseu on
law of Judge McCunn; have been frequently applied 70
to make such applications to Judge Mcouh nm anu maj i
the case Of McHarg; the application was made py ano
Their party, and was granted. ,., .,o,-or e. +bo
lanes III Gano said was appointed receiver IN INC
case of Cory agt Langley by Judge McCnn that order
was vacated and was reapp3nted by Sq Tsec ob
ling Gary the plaintiff and several others they acted
such statesmen; the property was spoOS% o s
was appointed receiver in two other eases nave
account in the Of Cary agt Long the property so
W William Van wyck was attorney, making application
pntieT lanes NJ Gano was appointed; took further
stems in the case did not ask the appointment OF Eaho
McCunn selected him; complainant was TO collect the
rents from subtenant SO that the superior landlord
could be paid; Judge McCunn was tue superior ~ a.
the receiver directed to collect all moneys ue ue
Lewis H. G. Ehrhart, sonin-law OF MIS-. Bu , ne
tailed several cases Of Inconvenience resulting rom ne
| order. ..,,., NJ ,aa mid o,er n
sbarigjs de,,utv the MONEYS he had collected in the
Fnott vs. Butter case on being served with an attach
% that Mrs Elliott Was considerably in debt TO Judge
| McCn2n then and is now; Judge McCunn came to the
Sod For Gods sake settle this matter you will get
me In trouble; did not know that tins was my nouse
and collected the rents have power Of Gttora s,tdS 70
sign his name 10 receipts ehecSs, &C: SVua Canned
that in these TWO cases no Donu VI '''"'''' was
Nj orocone was recalled and testified in the Of
RSrr i'm the action OF John 0Mahony agt Au-
gust Belmont and others Of certain moneys amounting
~ az an Sod the complainant, asking for receiver,
alleged that Belmont Co. mad received TINS money on
bein acted ms counsel for the defendants the money
| had been raised on Fenian bonds, and was deposited
by the receiver, aud it is not known where u is now 10
Hiram Tamadge sSG1 f LII ipr RSCeveT Bar a not %
take money, the suit was settled Counsel then had
large number Of papers, comprising ahdavs' ORDERS
Ir Parsons Of the counsel for the prosecution stated
that was their desire not 70 be heard IN argument III
it necessary TO explain any OF me aocuHleh
evidence they would OF course, DC ready 10 give sueH
| Il being announced that the documentary evidence
could not be printed until tomorrow morning senator
notion for senator j. Wood from the Judiciary Commit
tee who reported nat they had taken up Ie case Sl
York. served summons and copy Of me e9nPal9t on
tried the Senate instead Of before Committee
The report was received and the Committee discharged
| The Senate then went into private session.
the final disposition Of Judge McCunns case had been
| The senate then adjourned tin tomorrow morning at
! O'Clock, when the Prindle case Will be taken up
OPINION IN THE CITY.
The sudden retirement of ex-Judge Selden
and Mr.. A C. Davis from the defense of Judge McCunn
was topic of general conversation in court circles yes
terday and the appearance of the accused Judge the
bench of the Superior Court this city added TO the in
| terest prevailing among lawyers 1t ru-
! mored early in the day that the retire
ment was device Of lawyers who had hopeless
| case, aud that, discovering they had no show
before the Senate determined to try the issue in
the Court OF Appeals. This subse quenty
irmed in part by one of the council Col Davis, who
made his appearance in the city in the afternoon. He
claimed, however, that counsel Of McCunn re-
ucanty forced to do that by the extraordinary rulings
of the Senate adverse his client 1t appears that when
| the Committee OF the Bar Association got
| possession of the official papers in the
| Bninger there found folded one Of them
private letter from Hanranan the receiver to Comp
ton, the lawyer in which the former invited McCunn
and Compton 70 call on him TO arrange some sort Of dv
| deud. This a surprise TO the defense, but
| they claimed that Hanrahan had written in a
| drunken condition, that Compton had not called
upon him as requested, and that McCunn had never
known of the proposition. Judge Seden at claimed
that this letter should not be received evidence, since
il was not shown that It had been authorized by
McCunn but the Senate admitted the evidence and
Judge selden at once Withdrew from the case. MIR.
Davis, however, prevailed upon him TO recon
| slder his action for the time, but on
consultation next day the whole of the counsel with
drew. Judge McCunn advised TO return TO this
city and resume his seat the bench, and when the
Senate decides the II will be carried 20 the Court Of
Appeals, the issue raised by Col Davis the first
day OF the trial to the legality of the Governors
| recommendation TO remove will be tried there: Ex-
Judge Selden with the senior counsel OF McCunn
in declaring the defense on this point good one.