The New York herald., 1872-11-21
TEE nPEACHED JUDGES
The Senatorial Court Of Impeachment in sess
sion-Ths Case Of Judge Prindle To Be
Taken Up-Counsel Unable 10 Open
tho Argument in Consequence Of
Paucity Of Members.

ALBANY, N. Y, Nov. 20. ls72
The State Senate met at ten minutes to eleven
O'Clock A. M, Senator Benedict In the chair Tho
roll was called, and fourteen Senators responded.
as fOllows:-
Messrs. Adams, Allen. Ames. Baker, Benedict.
Chatned, Cock, Dickinson, Lewis, Perry, Tiemann,
Wagner, D. P. Wood and J. Wood There being
no quorum present, the Senate took recess till
three O'Clock r. M.
The object OF the session Is to make q final disp0-
sition of the case OF Judge Prindle, OF Chenange
county, tried In June last on the charge Of unlaw-
fully receiving fees as County Judge and Surrogate,
and then to take up the case of George M. Curtis.
Justice OF the Marine Court of New York city.
charged with official misconduct in entering into o
corrupt cOpartnership with Cushing. Pittman.
Gardner and Goodhart, attorneys and c0unseli0rs-
at-aw, for the practice Of law In the said Marine
Courts that he rendered unjust decisions. and that
he was guilty Of Indecent aud improper conduos
Judge P. Prindle was present in person and by
counsel, Messrs y. H. PTlnale n Mygatt. ana Glover;
for the prosecution.
Afternoon Session.
The Senate re-assemoied at three o'clock P. NJ.
with the following ent:-Lieutenant Governor
Beach and Senators Adams. Allen, Ames Baker,
Benedict, Bowen, Chatfeld, Cock Dickinson, FOs-
ter, Graham, Lewis, Lowery, Murphy, Perry Tie
mann, Wagner, Weismann d. r. Wood and ]. Wood.
The Chair announced that the first business In
order was the argument OF counsel In the case OF
Judge Prindle.
Il. W. Peckham, counsel for the prosecution, said
his associates were prepared to go on; but he did
not think it appropriate to go on with the argu-
ment without at least twothirds OF the Senate
being present He thought If such thing could
be done more than mere quorum should be pres.
ent; but II the hearing OF the argument was to be
merely 2 farce OF matter Of form why It should E &c
without hearing the argument he thought 1t should
be heard by all or nearly oil who to vote. He.
be compelled to go on with the argument before Q
| number which 1t would require all to vote unan'
Mr. Mygatt, counsel for the respondent, called
| attention to the fact that 1t was now full year
since these charsSSs werS made. during all which %
answer and that he had all that time rested under
] the imputatlons contained In the charges. His
| counsel had been ready to submit the case to the
| respondent had appeared here again anxious for
decision. There was present quorum capable OF
convicted, if innocent, Should be discharged, he
asked that the argument proceed. !: =,
Mr.. Peckham insisted that it was necessary that
| this argument should be made, so that Senators
was equally necessary that there should be enough
there were not enough present, should the Senate
| ind the accused guilty, to convict and remove him.
Then Of what use would the argument be2 He said
the absentees could be sent for, and unless this
was done 1t seemed to him that this trial would
amount to an unmitigated and total farce.
Senator Benedict ikened the Senate in its pres
| ent condition to committee, and said absent
Senators would decline to take part in the vote on
the ground Of not hearing the argument. He re.
| gardcd 1t as important that the argument should
| be heard; and 1t seemed to him that it would be
better to postpone the hearing until the first week
Of the regular session; but II SO long an adjourn
ment was not desirable, then he would be In favor
OF adjOurning till tomorrow, or as soon as full
Senate could be procured. He understood that
| several Senators were SICK and he did not know
| as their presence could be procured. )
Senator Perry inquired the situation OF the Cur.
| tis case.
! The Chair said he understood that case was to bs
taken up on the conclusion Of the Prindle case,
and that witnesses were expected to be present on
Friday next.
Senator Perry said II there was to be any discus.
sion on the proposition for an adjournment he sup
posed that under the rules 1t should take place In
secret session. He therefore moved that the
Senate go into secret session. which was agreed to-
and the Chamber was cleared and the doors closed.
On reOpening the doors the Chair announced that
the Senate had adopted the resolution that the
hearing OF the argument In Judge Prindle's case
be adjourned till tomorrow morning, at ten
O'Clock.
On motion of Senator Lowery the Clerk was d.
rected to telegraph to absent Senators requesting
their presence here tomorrow, at ten O'Clock A. M.
The Senate then adjourned till ten o'clock A. N.
tomorrow.