The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-06-26
The Senate in Session as q
Court of Investigation.
PIE BINNCER RECEIVERSHIP EXPLAINED.
How the Courts Grab and Manipulate
Private Property.
M,cuNNs MIDNIGHT MISSIONS.
An Expose Showing How Justice
is Obtained.
Albany. Tune 25. 1872.

ALBANY, June 25 1872.
The Senate, convened In extra session for the
trial of the impeached Judges, met at noon to-day,
in accordance with the arrangement made last
week, to go on with the investigation into the
charges preferred against Judge McCunn by the
Judiciary Committee of Investigation. II being OBJ
served by the Chairman that there not quo
rum present a recess taken until four O'Clock.
On the reassembling of the Senate ut four O'Clock
Judge Selden and John +. Devein appeared add
tional counsel for McCunn. Nineteen members hav
ing answered. the proceedings were commenced.
Mr.. d. r. Wood movedto add an assistant post
master the officers of the Senate to act assist
ant sergeant farms axd to aid in procuring the at
tendance OF witnesses. Agreed to.
CLERK OF THE SUPERIOR COURT TEsTIFYNG.
Mr.. Thomas Boese Clerk Of the superior Court of
New York. who was examined by counsel for the
prosecution efore the Senate took recess resumed
the stand for nation by the counsel for the
respondent, ana he examined by Judge Sell
den. lie testified as ollows:-Some Of the papers
referred To in the list brought were not file
when searched; they had been on file, but could
not ind them; they had been lost or mixed with
others, perhaps; 1t frequently happens that one
Judge wiz relieve another for short time, and in
sHch the record will not show the changes, but
when an order II made the record will show who
mace the order; II also sometimes happens
before another judge who is more familiar with it;
orders are oiten granted by Judge holding trial
term; | have been clerk in the courts many
years, and have prac'ised in them and am con-
versant with their practice the usual course Is to
file with the clerk all orders; the business of this
character IL very large; the number OF cases on the
calendar al trial term Is about 200; during sitting
Judge VIII issue from dozen to forty orders in
day.
Redirect to Mr.. Parsons-It is not usual for a
judge 10 issue an order in eases tried by another
judge.
The witness was then called upon to Identify the
papers, so that they could be put IN the possession
OF the Clerk OF the Senate. and he did so. He also
identified other papers which, since his examine
ton last week. he had been requested to get they
were summonses and complaints and applications
for njunctions issued by Judge McCunn. The wit
ness said he had known counsel to
GO TO THE JUDGES HOUSE TO GET ORDERS.
That was done sometimes.
To Mr.. Parsons-ThaI is seldom DONE 1t is rare.
To Mr. Develn-One reason why 1t is seldom done
To Mr. ParsopsHTbe rule ~ is that when nm ann,,.
cation is made it should be made to the Judge as
signed TO that special duty at the time, but some
times that Judge could not be found. Then appli-
cation can be made to another judge.
To Mr.. Develin-It was Judge Brady who issued
the order of in junction the Board OF Aldermen
on the LIST of January last; there was no court in
session then and the order was issued out of
TESTIMONY TOUCHING BININGERs CASE.
Melville b. Clark was called, sworn and exam
ined by Mr.. Parsons:-I am the son OF Abraham b.
Clark; NY father brought suit on the 4th of Novem
her 1859, for dissolution of partnership with A. b.
Bininger; at the time the stock, which was wines
and LIQUORS was worth at least one hundred
the 18th of November; there was a suit
commenced by my father before Judge
OF the 18th of November which was midnight;
this was at Judge McCunn's house; counsel and
appointment of receiver; the name of Daniel
Hanrahan was not mentioned: did not know such
man; at twelve O'Clock the papers were signed;
witness identified the papers; the stock was
alluded to as being very valuable, but do not re-
collect any sums stated; received the papers APP
pointing Hanrahan receiver before ten A. NJ the
next day; went to Hanrahan's Office and handed
them to him. We then went to the store and Han
rahan took possession OF the store; Hanrahan was
aawyer in partnership with Morgan; believe Han
rahan was brother-in-law of Judge McCunn;
THE RECEIVERS BOND.
Witness was handed receivers bond and said
ne never saw IL before to his knowledge; did no.
recognize the signature OF James Morgan to it.
Mr.. Parsons then offered as evidence complaint
In the and the receivers bond.
Mr.. selden objected to the introduction OF the pa
pers on the ground that they had reference to acts
before Judge McCunn came into office the last
time.
ruled when the senate denied the demurrer.
The President put the question to the Senate
whether the ooJecuon should De sustained, ana the
Senate oyerrued the objection, and the papers
were admitted.
Counsel for the prosecution then had read por-
tion Of the complaint, which showed the stock to
be valued at 100000, which, together with other
papers, he offered in evidence.
Mr.. Develn said Ii was the desire OF respondents
counsel that all these papers should be put in, in
order to show that Judge McCunn had good cause
Mr.. Parsons inquired If counsel wanted dupn
Gates put in.
Mr.. Develln answered no; but it was essential to
have the ardavits put in.
Mr.. Parsons said they were Included.
THE RESPONDENTS MIDNIGHT MISSION.
Witness ito Mr.. Parsons)-After the commence
ment OF the suit met Judge McCunn at my
fathers house two or three times he was there in
by my father against Bininger before
Judge n Tsaan McI Fe rst SIX days after
aSers house. Sadae Mccnnn ADVISED e the
pioyment OF a clerk who was good lawyer, and
also law partner OF Judge Fithlan; Judge McCunn
came to our house Of eleven p NJ, by invitation, to
consult as to what was TO be done in settling the
matter between Bininger and my father, the pay
ment Of creditors and the existing suits by sur
render OF their joint property; think there were
no suits pending except the one concerning the
partnership and recevership; Judge McCunn
you sign Your mr. death thu warrant war; tA' p' Viii
draw up paper for you to sign; ..he made some
memoranda and said he would draw up the proper
paper; the paper drawn up which Judge McCunn
referred to was drawn up by Mr.. Titus, Mr.. Bin
should give up ali their drm property to satisfy
their creditors The witness recollection did not
papers. lie was positive, however, that his father
was satisfied with paper Drawn up by Mr.. Titus
for Bininger for a settlement but Judge McCunu
proposed another basis. The witness said that
Judge McCunn was invited to HIS fathers house be-
cause he had shown an interest III the welfare OF
his father In the matter: he had said he would |
my father rIgtted In this matter and that his
property protected; he had often talked in
this way: for this reason he was invited TO our
house, and in that way 1t was that he there
frequently;
JUDGE MCUNN PROPOSED
that HIS father should employ Nj. Compton, q
lawyer that he Judge McCunn) would order
an allowance TO Compton OF $4,000 out OF The
assets OF the concern, with the understanding tnat
$4,000 should go to my father; at one time Judge
McCunn advised the employment OF Judge Wander
poel, OF the firm OF Brown, Hall Vanderpoel; !
think this because he had influence with the
Sheriff; Judge McCunn. In speaking or Hanrahan,
said he was one OF his boys and he wanted 10 see
him do well since then Judge McCunn had said that
Hanraban was a scoundrel.
Cross-examined by Mr. Develn-Judge Mccnnn,
In saying that
BASRABAN WAS A sCOUSDREL,
also said II he had known IL be would not have ap-
pointed him; Compton was satisfied with Hanrahan |
as receiver: he said he had known him IN Califor
MIA and knew him to be good man; witness had |
no recollection rs TO when or where or OF whom he |
got the papers appointing receiver; he got them,
however.
To Senator J. Wood had the papers in my pos |
session when lett my house.
10 Senator Benedict-Ihat was about nine O'Clock !
A. NJ