The New York herald., 1872-12-04
ALBANY, N. Y, Dec. 3 . 1872,

-mesSfS.
Adams, Benedict, Bowen, Chat6eld Coz *, Foster,
Graham, Lowery, MCGOWAN, Maddcr Murphy,
Perry, Robertson, Tiemann, Wagner, Weis1nann
winslow, d. p. Wood and j. Wood.
ON motion Of Mr.. d. p. Wood, thu fourth rufe, ,
relative 10 motions and decisions thereon, was
amended by substituting the rule OF / the same sup-
,cc IN force In the Court Of Appea Is ana IN courts
oil impeachment
Tnc Chair announced that thei FIST business in
order would be the reading Of I'D charges against
George NJ Curtis, Justice OF nc aiarlne Court IN
New York.
CHARGES AGAINST Jul SY CURTIS
The Clerk read them. The are, in substance
that the said Justice was l copartnership with
Gushing, Pittman & GardinG {, attorneys and coun-
scors at-law the firm prac tisng in the Court over
which Curtis presided; tbs It said Curtis made al
lOwances to this firm andf participated In the prof
Its OF said allowance; all % that he corruptly re-
ferTed causes TO Pttman of said firm, and received
portion Of the fees o. ,tancd by Pttman; also
shat In the case Beanie VS.. Clarke said Justice de-
MED trial by jury to plaintiff after granting
new trial to defendant also other Irregularities in
this case; also that So ID Justice guilty Ci
proper and dsgraceiU conduct the bench.
The Clerk then calls d George NJ curtis, and his
his counsel answered for ht,i, though he was pres
snt me i9oTnga Re the responde1ts COUNSEL;
=. Crosby H. y. Dev lnison.
The f6nowng con nse appeared for the prosecu-
MT smith, OF 60, msel for the respondent, moved
20 dismiss thts complaint on the ground that the
senate had no uri sdiction; that the jurisdiction Of
the senate applied to superior courts-Courts OF
court Of record and therefore did not come
within the Jurisdiction Of this Senate. Counsel
Ineni, because his client was under the impression
thai suoh motion would look as If he
sHRANK FROM FULL INVESTIGATION
OF his conduct. Still he made the motion, because
he believed it the proper one to make at this stage
read the provision OF the constitution, which said
that the Senate might remove ali judicial officers,
courts OF record, and he insisted that the Marine
Court was not a court OF record and proceeded to
record He showed that such a court keeps
record written on parchment or paper. which is to
such, he maintained was not the Marine Court of
New York. That Court did not possess and could
merely kept a docket book and tried causes OF
small impOr tance, and IN 1t even the trial by jury
rom large ~ Number Of aecsons all to one
eject, that the Marine Court Kept no
and Se was S OF ss e e
that the constitution section 49, article 81 provided
ssbat the Legislature might make provision by law
inferior courts and courts not OF record; and he
eaa law by ne s
York shall make such Investigations, try and re-
move such Justices He -, SAID this was very
ne made by tribunal on the spot, where wit
nesses are easily and without great expense OBJ
tained and ne insisted that the idea never
CURED to any one, except In these modern times
shat The Senate Of the State should be summoned
and all the great expense incurred for the trial OF
such a case He referred to the law OF 1872, In
which the Marine Court is declared a court OF
record. That, he said, showed tina, this Court was
not regarded as court OF record heretofore.
and these charges made against Justice Curtis
were made previous to the passage OF this act.
THE PROSECUTION REPLY AS TO JURISDICTION.
Mr.. Beal OF counsel for the prosecution re:
SpCnded. After referring to the fact that counsel
Tor the respondent had from the start saia they
were entirely willing to try the case without resort
rec them put forth this pea @ II lie insisted that the
Legislature had, in two or three laws, declared
the Marine Court a court of record and explained
that the act OF 1852, which appeared to de1ne this
Court one not OF record, was for the purpose Of
preventing an abuse in naturalization which had
grown up. He said the effect oil sustaining this oh
lection to the jurisdiction OF the Senate would be
10 send this man back to the city Of New York
Tor any law passed BY the Legislature
giving p9Wer .e NE he. BOARD Of supervisors 10
the authorities cited and said none Of them held
purpose but on the Contrary admitted that Il was
oi 1913, in which this Court is given a clerk and
seal and power to punish for contempt &C. In
was restored, and the act of 1872, which declared
that the Court shall be, and is, court Of record,
slio not then Tor the first time make this such
court. He said his associates and himself were
here to represent responsible body-the Bar
take the course pointed out by counsel, as that
woald eopardize the case under the constitution
to come here He then called attention to the i'm
pcrtance of this Court IL was not such an inferior
court as counsel sought to make Il appear. Causes
Involving sum as high as $4,000 have been tried
In 1t. Three times many cases brought before
It as are brought before any supreme Court, and,
iflt Is avery inferior court, 1t pays the
lie therefore submitted that there could be no
question as to the jurisdiction OF the Senate
The Cnair put the question Has the Senate
jurisdiction in this caser'
After some conversation between Senator
Murphy and Mr.. Smith. Oh motion OF Senator MUIR
phy the Senate went into private session on the
ON reopening the doors it announced by the
Chair that the Senate had decided against the oo
lection raised, that the Senate had no jurisdiction
On motion OF counsel for the respondent attach
ments were issued for The following Witnesses
Thomas w. Pittman, A. Loring Cushing, James M
Smith, Charles w. Brooks, @. G. Barnard, Miles
Beach, David Levy, Edward A. Acker, Edward
Holly, Philip Casgrif.
On motion OF counsel for the prosecution attach.
ments were issued for the following Witnesses
Charles ID. Rust, Micnael c. Gross, Ambrose W.
Thompson, Charles +. Wilmore, James II. Whit
egge, Henry Hart Edward G. Goodwin, David D.
Field, Robert w. Andrews.
Mr. Oiney of counsel Tor the prosecution, then
proceeded 70 open the case. After referring to the
importance OF such trials this, counsel proceeded
TO speak OF the vast amount OF business done by
the Marine Court and the large OF money
which are sometimes involved in the causes
brought before IL. He gave history OF the origin
OF tins case. which was in the publicity given to
certain charges against the administration Of
justice in this Court. The Chief Justice OF the
Court invited the Bar Association to make an in
yestigation, which was done, and resulted in the
charges brought before the Governor who, In turn,
handed the case over to the Senate. Counsel then
passed In review the charges showing now the
Justice was member OF a law firm practising in
his Court, and how he participated In their earn
Ings He did not receive much. but il, taken in con-
Eection with his salary OF 10000 made up a COM
.rcharge.
hhe Senate here took a recess till halfpast three
vrClalock y. IL.
Afternoon Session.
IRE Senate reassembled at halfpast three
o. Cock r M, and Mr. Oney resumed his presenta-
dwelling al some length the charge that Justice
C@tS directly violated the law in becoming
A MEMBER OF THE FIRM
O1 Ip1tnaD and others, who practised In his Court
aHN one OF whom was appointed referee. the Jus
ice tAJucpatlng In the profits accruing there
'front.' Counsel cited eight different ofiences in this