The New York herald., 1872-07-13

Judge Prindle's Case Postponed Until the 10th
Of september-Ths Case Of Judge Curtis, Of
the Marine Court-A Successor to
Jnlge McCunn Nominated by the
Governor and Rejected.

NJ ALBANY, N. Y, July u, 1879.
The Senate met at nine O'Clock A. M.
Mr. b. @. Berry, Clerk OF the Board OF Supervisors
OF ChenangO county in 1894 testified that there was
nothing wrong ia the reports rendered to that
Board by Judge Prindle.
Andrew Shepperd, member OF the Assembly,
chairman OF the Board Of Supervisors, and men,
Der OF the Board in 1866 and 1885, confirmed the tes
tmony Of the last witness. and on crosse xamina
tion stated that there was O proposition made and
carried to examine and investigate the reports
submitted.
Fl. g. Crosier, also member Of the Board Of gu
pervisors, testified that when incomplete reports
were received 1t was generally understood the
omitted returns were retained to meet the inciden
tai expenses OF the office.
Isaac Plumb, also o member Of the board, gave
similar testimony.
Horace G. Prindle, the respondent, then took the
witness stand. He testified that there was no ar
rangement whatever between him and Ray for O
division OF fees. In explanation OF the transaction
OF purchasing fve-twenty bonds Of Mrs. Russell,
he said the lady came to him and said she
had $1,000 In bonds which she wished to
sell. He told her that he had bought such bonds to
invest for infants, but he never had paid any
premium. He then advised her to send the bonds
to New York and secure the premium. She said
she wanted to sell them that day. He then told
her he had not the money on hand to purchase
them, but thought he could find purchaser He
then went to Ira Dibble who owed him Prindle)
some money on an overdue mortgage, and who was
to pay him in government bonds, and told him
there was an opportunity presented for him to pur-
chase the bonds at par. Dibble went to the bank
and secured the money, he (Prinde) endorsing
his note, and paid for the bonds which he at
once handed over TO him (Prindle). witness
a0 h0 hoA f,pt thap nnOttr vxfth
the affair. nor did he secure anything py the
transaction beyond what he was entitled to under
his agreement with Dibble. witness also stated
positively that there was no understanding on his
part with the parties operating for the town bond
ing in behalf Of the Green Railroad Company He
detailed all the circumstances In the matter, and
explained his action. On his examination he
simply repeated his direct testimony, with
mportance H a0 He ns also said r'a'ilSnai he had
never practsed as an attorney In the cases before
him, knowing that he was doing so in violation Of
whatever he had done in the two three cases oc-
curing, that he was doing anything contrary to
to the Board OF Supervisors, he said he had
retained portion to meet the current expenses Of
the oiice but II he had charged Tor everything the
county would be In his debt.
Mr.. Mygatt, of counsel for the respondent, said
they wanted to call Governor Hoffman to show
that he examined no witnesses, and asked II the
Governor was in town.
1t was responded that he was In the Executive
Chamber
Mr.. Mygatt then asked II the counsel would admit
this fact.
Mr.. stanton, of counsel for the prosecution,
stated the action before the Governor in which he
said the respondent had an opportunity to offer
oral evidence but did not avail himself OF It. II the
counsel would put their proposition In that shape
they would admit 1t.
The Senate here went into executive session for
few minutes.
On the reopening OF the doors the counsel an
nounced an agreement to admit the statement that
no witnesses were sworn before the Governor.
Mr.. Benedict moved that the hearing OF the coun-
sel and the final disposition of this be down
for Tuesday, the 18th day Of September next.
E. H. Prlndle, OF counsel for the respondent, said
they would be willing, II the other side agreed, to
submit the case without argument.
Senator Ferry moved to make the time Of the
hnal disposition OF the the 10th Of September.
Agreed to.
THE CASE OF JUDGE CURTIS.
Senator ID. p Wood moved that the case OF Judge
Curtis, Of the New York Marine Court, be taken up
the 11th Of September next.
Agreed to.
THE SUPERIOR COURT vAc,,-CY.
The Senate then adjourned till September 10, at
ten O'Clock.
The Governor having sent TO tie Senate the name
OF Judge James O. Spencer to I'LL the vacancy in
the New York Superior Court caused by the removal
Of Judge McCunn, the nomination was referred to
q committee, which reported unanimously In favor
Of it; but the Senate rejected it.