New-York tribune., 1872-06-19

1t will be remembered that at It's last meeting the
Senate heard the argument pro and con on the demurrer
submitted on behalf Of the defendant which daimed
that the charges Of trivial nature were without punda-
ton and referred to acts alleged TO have been committed
in his former term that they fully investgaedby
the Grand Jury and Board of Supervisors Of Ch@ango
County and dismissed by them, and were male the
basis of political opposition him during the las cleo
ton, when, in spite OF them, he was reelected his
present position Immediately after the opening the
Senate to- day executive session was held 10 consider
that demurrer, and, after short consultation was
determined TO Oveue the same and put the deiadant
on trial As the chief point Of the demurrer tht the
offenses. IL committed at all, were commttedn the
former term of the accused therefore not legitimate
causes for removal during present te Is aso one
of the chief points Judge McCunn and judge Bar
nards answers this action Of the Senate, thGef0re,
dsposes in advance of the question in the ca Of the
two latter so far as the precedent goes
JUDGE PRISDLE ARRAIGNED
When the decision announced, the defendant,
Judge Ptnde was called to the bar Of the House where
he sat facing the members Mr. Mygatt his counsel, and
LYMAN Tremain counsel for the People, being seated at
a table near him. When called upon TO answer, Mr..
Myga responded that the was not YET iuy pre-
pared and he was allowed till tomorrow to ME The same
with the clerk Of the Judiciary Committee. Mr. IRE
main said he could be ready for trial before Oct 7;
and after discussion the consideration OF the mat
ter was postponed till tomorrow
JUDGE M'CUNs AT THE BAR.
The case OF Judge McCunn then taken mp, and
nearly an hour consumed in readlng the charges
and specifications and the thereto The defend
ant John H. McCunn, called to the BAR and seats
assigned for him and his counsel and Tor the counsel Tor
the prosecution. Col. A. c. Davis Of Brooklyn, who
appears 1t is understood in conjunction with exJudge
seIden. John f. Devlin and Mr.. Moak, for Judge
MeCunn were the only ones present. Joshua NJ Van
Cott Albert Suckney, Burton N HARRISON andJohn r.
Parsons appeared for the prosecution. ConsderaDe
discussion occurred the question OF the tmeof trial
Senator Murphy stated that he had been informed by
both sides that they we're willing to try upon the evil
dence taken before the Assembly Judiciary Committee
aud Judge Van Cott said the prosecution was satisfied to
do So but Mr. Davis on behalf OF Judge McCunn objected,
and his associate mr. Moak, said they were not willing
because great deal OF evidence had been Improperly
admitted by that Committee which had not confined its
actions 10 the legal rules which ordinarily govern trial
He continued to anmadvert upon the evidence until
called TO order by Senator Murphy, who said that all the
Senate desired TO know was whether notthey were
willing to proceed upon it. Mr.. Moak SAID they were
not and motion was then carried TO issue subpenas
for the attendance of witnesses at and to proceed
with the trial tomorrow a. m, at 10 O'Clock.
Judge Van Colt and his associates claim that they
appear in the matter rather as assistants to the Senate
than as and that the action Of the latter
bsdy depr1ves them of all power in compelling the
attendance OF witnesses otherwise conducting the prose
cution They cam further that the Senate should not
undertake TO prove the testimony again. but should
throw the onus OF dsprOyng the charges already esab
lshed before the Assembly the accused and 1t is
understood that they will tomorrow argue these propo
sitons.
CASE OF JUDGE CURTIS
The proceedings to-day temporarily interrupted
by the reception OF the following from Gov.
Hoffman, recommending the removal Of Judge George NJ.
Curtis of the Eew-York Marine Court II the charges
should be sustained by the evidence:
STATE OF YORK, EXECUTIVE CHAMBER,
ALBANY June IS, 1874 )
To he Senate / respectfully transmit herewith
charges and specifications presented to me by Commit-
ice OF the Bar Association Of the City Of New1Ork,
alleging official misconduct on the part OF George Nj.
Curtis Justice of the Marine Court OF the City OF ew
York and asking his removal from Office In accordance
with Section IL OF Article OF the Constitution OF this
State also the documentary proof submitted 10 me IN
Judge Curiis thereto, and the proofs submitted In sup
mort of such answers, after examining the ame and
nearing counsel deem 1t my duty TO present ne same
to the Senate, snd recommend that you inquire Into
the charges so made, and II the truth and sUiciency
thereof shall be established to the satisfaction OF the
Senate that the said George NJ Curtis be nremoyed
from the Office Of Justice Of the said Marine COu
john 7. HOFFMAN
The message referred TO the judiciary Com
mittee which forthwith reported back, recommending
the Senate to investigate the charges No further action
was taken in this to-day 1t is currently reported
here that many of the members Court Of mpeach
ment are now favor of changing the place OF trial in
the case Of Judge Barnard from Saratoga Albany In
1t is said Of the high rate charged for
board at the former place, and OF the impobiity OF
securing proper hall there. II the court should sit
there the trial may be had in the Senate Assembly
Chambers free OF cost, while the hotel accommodation
is adequate and the prices reasonable.
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