New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-06-26
TRIAL OF JUDGE M'CUNN.


FIELD COMPTON, AND OTHERS.
ArRANy. June 25-Judge McCunn arrived
Nare thia morning. and the Senate met AZ ~ oeloeA
continue the tTial in his casei but, as only ID
apneared an adjournment was ordered TIL p NJ nus
rasont were Senators Baker, Benedict Bowen, COch'
pschinsop Graham, narrower, Palmer, Perry, hooeIF
.on TSemann d. p Wood and James wood. Ihere arc
vet three weeks before Barnard trial. and the te
M properly used both the McCunn and the Frndie cases
can readily be disposed Of. Much dispeasure was OK
pressed by those present at the delay oeoOneu " INC
absence of Senators.
Tndco seldom end John E. Devng counsel for Judge
McCupn. who were absent last week. appeared today
Messrs Van Cott Parsons stickney, ana HaIrlsoh ap
reared for the prosecution with the following Witnesses
M Compton NJ b. Clark, F. n. Bangs, j. s Beecher' A.
Rninccr j. F. Morgan, J. o. Stevens, NJ j. Kelly, j. A.
Hofmre G. A. Titus, L. Hickey, j. +. Mcgowan Thos.
i Rarr. and j. NJ Cans all in the case Of Clarke agt.
P,uineer except MI Cans. Abraham B. Clark was not
presept though duly subpenaed. He will appear, how
ever when needed. Walter p long has been suopenaed
In the case Corey agt Long; and Joseph Larocque
and H. E. Talnadge have been subpenaed for June 70 ID
the case Of OMahony aGt Belmont; Dubois smith and
O. Slater for the same day the OF Brandon agt'
Buck and L. II G. Ehrhard for the same day inthe case
Of Elliott at Butler Several other witnesses are to be
called, hut have not yet been subpenaed. 81
Messrs. Lowery, Allen, Lewis, Murphy, Madden, ana
Wagner arrived 10y the afternoon train; and the senate
proceeded with the trial at p. m. Thomas Boese'
CLERK of the NewYork Superior Court, was recalled for
roesexamination. and answered in response to ex-
Judge Selden, as follows:
brought an the papers referred TO in the notice and
all Others could find IN the Office pertaining to the SUITS
mentioned the charges; OF them have been used
in various and motions before courts and referee
happens that matters are sent by ono JuuSe
before another, when the latter is more familiar WIN
them when an ex parte order is made ~ JgEg f
usually hands 1t over 10 the attorney applying lor ~ "
should he fled with the clerk. ,.,..
Redrect-It Is not usual 70 apply Tor orders that
should be made by the judge at ChamDeis 10 any oei
judge, -, -. a.. ,,.oors ,,r,d,ces IN, Mr.
Boese should be considered as authentic. III papers
received several papers IN ehS s M f udge
McCunn was identified by the witness B0ese. IAe VII
ness then testified as follows:
nave known instances orders being obtained out Of
Court from Judges other than McCunn Il is very seldom
Melville b. CLARK testified son Of A. b. Clark,
plaintiff N the case Of Clark agt Bimnger my iatner
and Biuinger In the Wholesale liquor business to-
eher for many years the stock on hand N NSye Ne
49, 1899 on that day my father began sun agHlnst PIN
niger papers drawn up by Mr. Compton, onr atOr
ia y. m. on Nov. H. with my father and myself the
papers were prepared for the appointment OF rseetta
SV the witness remember that tie stock was spoken
ri nv INV father at that time as a very valuable one
received certain papers including the order appointing
and went TO his office and gave him the papers /
also went with him 70 Mr. BiningeT served inc papers
on The latter and possession Of the stocki Mr. han
Tahan once was at No II Wal-st. he in business
bIotSeT,niiaw Of Judge McCnnn; / know MOrgans
hand writing pretty we'll but done recognise this sigma
The original complaint and receivers bond were intro
duced in evidence by Mr.. Parsons. Ex-Judge selden
objected the acts alluded 10 occurred before the
present Mr. Parsons said he supposed the Senate
TcT i'm the PTInde case and he thought further that
this evidence peculiarly material because the acts
referred 70 were part Of series in the case done
The objection was laid before the Senate and promptly
Overuled Mr.. sucney then read the complaint in the
suit Of Clark agt Bninger which asked for dissolution
OF the eopartnershp, injunction and the appointment
Of receiver OF the partnership assets The bond Of the
receiver, dated Nov le 1902 Tor $1,000 executed by d.
hanrahan, receiver and James f. Morgan anu james
III. Goram clerk IN the latters Office, sureues, was
offered in evidence by the prosecution and duly marked
Harrahan Judge McCunn called at my fathers house
several times an order was made in the suit by Judge
employment Of Mr. Clark, Judge FIthian's partner
Judge MeCunn said that Clark was very able lawyer,
and would have great weight with him; Mr.. Fhian
then Judge OF the superior Court at our house at II p
M, on occasion, when Judge McCunn was invited
The creditors was made Mr. Titus, Mr.. Binngers coun
5 T e he ySu F S pdpef SO
sign your death warrant; will draw paper Which You
paper Tor the Of the pending case heard
a PAPER which the witness said was copy Of the
paper drawn by Mr.. Titus, was offered and marked in
evidence but on crOsseXamnatiOn the witness could
not tell whether the paper drawn by Titus that
drawn by Judge McCunn. the witness continued:
the day succeeding the interview barrels Of liquor
were disposed OF worth least s. % per gallon
Judge MeCunn said at different times that he would pro
teet my father in his rights he said that he would make
an allowance TO Compton Of $1,000 as he had worked
standing that Compton divide with my father
ne also proposed to my father the employment of Mr.
Vanderpoel because he had great influence with the
sheriff he said at the time Of his appointment as re-
that Daniel II. Harrahan was one Of his boys
that he had thought Harrahan honest at the time of
appointment; there was much bitterness Of feeling be-
tween my father aud Bnnger at the time OF the disso-
luton.
Senator d. p. Wood offered resolution that the Con
oer be requested TO pay the witnesses in the cases
witnesses in Courts Of Record. Adopted Senator
Wood objected that me compensation was TOO small
precedent in the Smith case should not be followed He
moved reconsideration OF the vote. Carried. Mr..
Madden moved amendment that the witnesses be
pad s. per day and nve cents mile each way Adopted
The crOss-eXaminati0n OF Mr.. b. Clark was continued,
den Directed to the trivial nature Of the
ton ON the redirect examination the witness testified
OF Mr. yandeTpoe, there proceedings foot
an the u Court by certain creditors to Gust the re
the paper introduced this afternoon the agreement
Upder,sherif joel o. stevens testified as follows:
i UnderSheT1f in December 1869; / remember
the suit OF Clark ag Binnger there was an order by
Judge McCunn in that SUIT, directed 10 the Sheriff it
Of such nature that refused TO execute it, pre-
M SS uTt took i The Original away SAYING that q SO
not execute II he would give IL 10 some marshal.
The paper is an order directed 10 the Sheriff. or any
marshal, any person whom the receiver might cail
upOn take possession Of said property and by
force necessary any person interfering with the pos
Mans6eld Compton testified: I met Judge Mccunn at
his house November. 1869; said wished TO get q
ceiver appointed and have Injunction issued; went
there with A. B Snd M b. Clarke On Soy s about u
ted my papers; said wanted ID. H. Hsnranan as re-
eeiver don't remember whether the order was signed
that night or on the next morning b. Clarke called
next day about II a. NJ and said the receiver had
taken possession before brought the suit, told Han
raban about IT, ana said wanted receiver he told
me 10 apply Judge McCunn for his appointment as
TSs af Ss EOq Dance e. fe5 Ts sCwf
think saw Judge McCunn at HanTabans office just
The letter invites the witness to meet Judge McCunn
at Hanrahans othee and informing him that the Judge