The New York herald., 1872-07-11
JUDGE PRINDLE's TRIlL.
Evidence Touching the Bonding Of the Town a
smithville- Testimony for the Prosecution
Closed Opening Speech for the Respond-
ent-Gsneral Denial Of All the Charges
OF Corruption and Malfeasance.

|
Of Corruption and Malfsasance.
ALBANY, July 10, ls72
The Senate met at nine A. NJ. No witnesses being
| present short executive session was held but no
| combinations were made.
| The trial of Judge Prindle was then resumed.
| The first witness called was Judge Boardman- oe
the Supreme Court Sixth district, as to an order
alleged to have been made by him making allow
ance to Judge Prindle as counsel In will
case. The Judge testified that he had NO
recollection Of the case although the order
was shown him. 1t appeared to have been stlpu-
lation case and he might have signed the order
without examining the papers as to who were
counsel. Witness was requested to examine his
records, when he retired to send to the Senate .
transcript Of the case, II he found it.
David L. Follett testified that Judge Prindle had
informed Charles P. Tarbell and others that he
| would appoint them Commissioners to bond the
town OF Smithvile In favor Of the Central Valley
Railroad, by which said Commissioners secured an
undue advantage over the contestants.
Isaac 9. Newton testified as to DELAYS in decisions
on the part OF Judge Prindle, but in oross-exam-
inaton said that Prfndle had been very careful and
deliberate IN making up his opinions and In rem
derng ms decisions; ne knew OF no case OF unjust
cases where county judges fixed allowances for
sllas L. Rhodes, one of the Commissioners to bona
the town OF Smithville had signed bonds in advance
OF the decision and his appointment Commits
siOner He had no knowledge of what the decision
was to be.
The prosecution here rested their case with the
understanding that they could call up other wit
ncsses who had been sent for.
The Senate then took recess until four p. N.
Evening Session.
OPENING FOR THE DEFENCE.
The Senate reaSsembled at four p. M. when
James w: Glover, OF the counsel for respondents,
proceeded to open the case for defence. He
claimed sn,n that il was was utterly Impossible for
Judge and Surrogate to do all the business,
draw up all the papers, &C., and that the statute
In which Judge Prindle charged for his services
dld not come within the purview OF the
nas wSS Once claimed 6e rs 20
sSa ss 5asss ssls ana is n!% &1
Board Of Supervisors, Judge Prindle had proposed
to meet them In the only way County Judge hav
ne 1 fas as dsn ts sSe q charge ~ 0S lSs
there was an understanding with regard
d a %s and %ouS Ss e
be false. Counsel, in the course of his argument,
quoted number Of statutes and authorities. He
been published over and over In the
county, and yet the people Of ohenango
the third time, The most strenuous eirorts,
together with the use Of money, had been
s sgTss soa sksa d Ms MS % nt sa i
few vengefuf people who have been vainIy
bounding and hunting him for years They have
| failed to convince the people of Chenango county
that he was an improper Judge, and now they came
here hoping to meet with better success.
Mr.. Lewis S. Hays testified that Judge Prindle
| did not know anything about having the Smithvine
bonds printed, I was a director In the road, and
chances Of having the Commissioners appointed.
! Witness detailed the circumstances Of the case,
going to show that there was no colluslon on the
| part OF the Judge.
In cross-examination the witness said that he
never told Judge Prindle that he would pay him
anything If he would appoint certain persons Com
missoners; he never thought of such thing.
James Hazard, one OF the Commissioners ap-
be appointed before the appointment was made.
Witness repeated the testimony OF the preceding
Charles p. Tarbell another Commissioner con-
! frmed these statements.
Andrew Bailey, director Of the road, confirmed
| the testimony Of the previous witness.
| Charles G. BOwdish testified to the fact that in
the Of the settlement of the estate of Leonard
| all the heirs were satisfied.
The Senate then took recess till eight P. NJ
Night Session.
| Frederick Merrill testified that when Hiram r.
of administration in October, 1869, neither Judge
| Prindle nor Ray was in the office; witness found
them out he charged Humphrey So in addition
to the cost OF stamps Humphrey had tes-
tilted that ne paid this td1 ne to Ray
the circumstances related by the last witness and
reiterated them; he went out to buy the stamps.
| Charles W. Scott knew John Murphy; had had a
conversation with him concerning an aflldavit
pnrporting to have been made by him
| Murphy, and circulated duriug the cam
| paign last fall; Murphy said he had made no
such AFFIDAVIT; read the affidavit to him and he
affidavit which was different; the atf1davit con-
| tanned charges against Judge Prinde.
Silas w. Berry gave testimony cOrrObOrating the
| testimony of the last witness.
f. II. Prndle testified that, in the matter OF his
employment as counsel for the Greene Railway
Welch first make out bill for $500 and afterwards
increase 1t to $1,000; he made but one bill, and
that was for $1,000; when Weleh first came
he asked me for my bill; told him 1
after dinner; he then spoke of making Judge Prin-
die present, and told him would speak to the
Judge about his accepting it; was boarding at
Judge Prndle's, and at dinner told him what Welch
ter; nothing was said about my bill by the Judge
nor by me to him.
On his cross-examination the witness stated that
he had had an account with Judge Prinde. The
Judge had owed him some S400 and he owed the
Judge for board. That debt had been paid by the
Judge.
To Senator Perry-Judge Prindle never got one
cent of the thousand dollars received; he had no
part in making the bill.
Charles shumway, who had studied law in f. II.
Prinde's office, testified to being present when
Judge Prindle presented his bill not word was
said about Judge Prindle at the time.
James w. Glover testified that the services per-
formed by Ray were worth all he had charged for
ton OF the matter for the purpose Of getting up
campaign documents in reply to an opposition
document already published against Judge Prindle.
The Senate then adjourned.
TIE sTRANCULATION OF MESS ELLIOTT BIZ