The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-06-21

ALBANY, N. ", June %, 1879.
The President OF the Senate called that body to
order Mt ten A. NJ, ,twenty-rour Senator's respond.
ing at roll call. There were but eight persons I'm
the galleries OF the Senate chamber little or no in
terest being felt in the case by citizens generally
senator Murphy, from the Committee on Rules re-
ported 1t had been agreed to allow counsel for both
sides twenty minutes each for discussion. The re.
port was agreed to.
senator lewis desired to be excused from attend
ance at the sessions OF the Senate. This was ob.
jected to by the members, feeling that II the priv
nege was granted to one Senator many others
would make similar requests, and the body thus be
lett without q quorum.
THE PRINTED EVIDENCE
Mr.. John r. Parsons. in the absence OF Mr.. Van
Cot senior counsel for the prosecution resumed The
argument OF yesterday afternoon, claiming that the
Senate should accept the evidence furnished by the
Governor "a testimony competent for them TO act
upon. He claimed that the accused had only a
right to be heard in his defence, and against such
portions OF the evidence furnished by the Governor
Us Judge McCunn demurred to.
Mr.. Parsons also argued against any delay In
the case All the discussion thus far was to
the eject that the Senate was sitting as
Court, but he could find no authority for
such an assumption. He could find no authority
to witnesses coming before them in such proceed
ings, OF TO call witnesses before the bar.
The time for c0unse-twenty Misunderstanding
expired, Mr.. Parsons was called TO order by the
Chairman Senator Woodn, but allowed to proceed
again, on motion OF Senator Murphy.
Mr.. Parsons then replied to the objections
raised 10 the admission OF tho printed testi-
mony, and asked what right the accused
had to ask for another hearing, to bring
the same witnesses upon the stand again,
occosloning great and unnecessary delay? In con-
Guiding his argument he quoted from the debates
ond Johnson, seventeen Jackson's case, showing
where witnesses having died their evidence was
held good and admitted by committee OF the
Assembly
THE SENATE CAN ADMINISTER oArHs.
Mr.. Moak, OF counsel for Defence said the Senate
ceive and determine upon evidence by the com.
mon law. II had all the rights of the English House
Of Io Lords unless restricted by the constitu.
that when the constitution gives an officer
whose reputation Is at stake, ana whose whole fl-
ture may depend upon the result, hearing, 1t
means simply hearing upon the testimony. If
this was not the meaning of the constitution q Gov
ernor and Senate In accord might at any time re-
move anyjudge not in political sympathy with them,
I'LL the vacancy and thus dsfranchse the constitu-
ents OF the officer removed.
At this point the Senate resolved ITSELF at twenty
session for discussion.
After an hour and half spent In executive ses-
sion the doors were reOpened when the clerk read
the decision OF the Senate denying the motion of
counsel for prosecution, thus refusing to accept the
printed testimony as evidence.
Colonel A. Q. Davis said In behalf OF his client,
Judge McCunn, that they were prepared to waive
the right to demand trial here, and were willing
to abide the action Of the Senate IN any way it
might determine.
motion to proceed with the trial having been
called for by the Senate II was adopted unanimously.
Mr. B. N. Harrison, of counsel For the Bar Associ
cayin fbav
| were not present as prosecuting attorneys, but at
the request ofthe Senate, who had Invited them to
committee Of the Assembly to that body. That
and reported unanimously In favor OF their accept
ance; He related the commencement OF the pro
ceedingS on request of the Bar Association OF New
York, and claimed that Judge McCunn's conduct
was VIGOROUSLY unjust, and had resulted in great
Injustice to the people not only of the city of New
York, but the entire country.
TIE CHARGES AGAINST M'CUNN.
Counsel then related the first charge accompany
ing the Governors Message sent TO the Senate May
H. giving the details OF the celebrated case of
Abraham b. Clarke vs.. Abraham Bininger, ana OF
s sfa orsan ane Moc an% o n
persons unknown, In the fall and winter OF 1S697O
whereby the firm and their creditors lost very
heavily, both plaintiff and defendant being deprived
OF their property to an amount exceeding two hun
dred thousand dollars. Also the case OF Albert B.
spondent I'm this case conspired with one James NJ
Gano to make to himself large gains and profits.
Attwo O'Clock the Senate took recess until four
O'Clock.
Afternoon Session.
At four p. NJ Mr.. Harrison resumed and pro-
ceeded to review the various charges preferred
against the accused by the Bar Association. These
charges are eight In number, and accused Judge
McCnnn OF corrupt conduct In his Office as Justice
of the Supreme Court In making orders and APP
now LEGAL OPINIONS ARE PREPARED.
IN conclusion counsel said that, lest any Of the
Senators should come to the conclusion that Judge
"A par
seeing his name attached to some able opinions In
the reports, he would d. say that proof would
H tached but had ' the ' same prepared for for
him. Further proof would be offered that on one
occasion McCunn had two opinions prepared for
him in the same case one directly opposed to the
other, and, having announced to the counsel that
he would decide one way he subsequently decided
directly contrary stating that he did for certain
political reasons. In conclusion he urged the
Senate TO take such action would secure the i'm
mediate removal OF the accused from the bench OF
the Superior Court.
Senator Benedict made motion that when the
Senate adjourned II adjourn until Tuesday morn
ing next. lie SO moved by reason Of the absence of
Judge sedcn, on whom the defence relied, and the
death or the brother-in-law OF Mr.. Davis.
CALL ON THE TREASURY
senate adjourn until tuesday. He had been asked
how the expenses OF the Court were to be met. The
Legislature had not provided for It, but he had no
doubt the Comptroller Of the State, on application,
would make the necessary provisions
The counsel for the prosecution stating that GER
tain witnesses they wished to examine to-day were
not now In attendance Senator Wood withdrew
his amendment and Senator Benedlct's motion to
adjourn till Tuesday next was adopted
Senator ID. p. Wood offered resolution, which
was carried requesting the Comptroller to make
provision for the expenses. consequent upon the
proceedings taken against the judges.
EXAMINATION or WITNESSES
The Clerk OF the Senate then read the names OF
the witnesses subpGnacd in the case some OF whom
did not answer The prosecution then commenced
to call their witnesses. Thomas Boise sworn,
and testified as f0lows- am Clerk OF the Superior
Court OF the city OF New York; | have been sub
pGnaed to produce certain papers and nave them
here; have an accurate list OF the papers, orders
&C., which are signed with Judge Nc
Gums original handwriting; the judges
meet and assign terms Of the Court
among themselves; II Is common practice for
other Judge than the one assigned to act there Is
q record Kept Of what Judge sat at any particular
time; there are six Judges Of the Superior Court;
there Is rule Of the Court never to certify copies
OF papers not on file; the papers produced by me
arc all from original files in the office.
Mr.. Davis asked that the cross-examination OF
the witness should await Judge Selden's appear.