New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-04-08
INVESTIGATION
CONCLUSION OF JUDGE MCCUNNS CASE.
WHAT TIE PROSECUTION CLAIMS TO HAVE


| CONCLUSION OF JUDGE MCCUNNS CASE.
WHAT TIE PROSECUTION CLAIMS TO HAVE
PROVED.
The Judiciary Committee finished on Satur
day. It's investigation Of the charges against Judge Nc
Gum. James +. Morgan stated, in his testimony
Thursday. that a large OF money paid ut
time by hin to Judge McCunn the proceeds col
lected by him of subscriptions In 1869 to fund TO deny
the election expenses OF McCunn. Among the persons
named subscribers A. T. Stewart, and Augustus
F. Smith OF the law firm of Martin s, Smith. The cor
Of this statement being questioned. Messrs.
Stewart and Smith placed the witness-stand.
and testified that they had never subscribed any thing to
any such iund.
T. S. Guernsey, a lawyer. examined with refer
to the suit OF Bailey ag Belmont and Others In
which he had acted as attorney for the plaintiff Bailey
a holder Of OF the Fenian bonds and the suit
brought to procure the appointment OF receiver OK
the fund.- which, it claimed, deposit in Bel
moRts banking house. McCunn appointed receiver
Thomas j. Barr, who obtained possession Of large
Of money, which has been accounted for
and which. IL is claimed, has been utterly lost to the
b0ndholders and every else Interested Mr. Guern-
scy admitted that he had consulted Judge MeCunn
about brn ng suit upon Of the bonds but denied
that McCdnn had directed requested him TO bring
such suit before him 1cCunnD. Mr.. Guernsey stated.
however, that about the time the suit was begun he
saw an announcement IN one OF the daily newspapers
that Judge AcCunn woud that day pay of the Fenian
bonds at the Special Term Chambers Of the superior
Court he there during the morning 20 see what
1t meant, and found crowd OF Irish laborers, servant
girls, ana others attendance, who all making III
quires for the Judge and Tor their money they obtained
no satsfdCtOn however other than the presentation to
each applicant by officer Of the Court Of she business
card OF Morgan & Hanrahan, successors Of John II.
McCunn, who, they were informed, could tell them al
about it.
Edward Van Ness lawyer, testified that he held fire.
quent conversations with MT. Guernsey the time and
after the action above referred TO brought which
Guernsey assured hun that he Guernsey had brought
the suit at the request and by the direction Of Judge Nc
Gum himself who had ADVISED him to collect as many
Of the bonds he could before bringing the suit Mr..
Van Ness further testified in regard to the OF Van
Ness agt. Leeds and Others in which there had
been reference, by consent Of the parties,
To n referee, before whom the hearings began;
Of the defendants became dissatisfied and made
before McCunn the order OF reference
upon tho ground OF regularity hs consent 70
refer, and hat the was not re'erable under the
statute. Judge McCunn kept the papers for time
before deciding the motion, and finally there was found
the files the Court order Granting the motion
upou the grounds stated, bur referring the
ing Tbcras rarr racoiJ1or1 =" ~ the ANA
To which the litigation referred; the order was not in
-, rctin orJ WIS ir 10 and oriareJ ~ b 5fer-d S
McCunn without the knowledge OF " them; nobody
hal asked Tor any receiver 10 was not ease n which
receiver could De api0hleuf 10 nau noi letu suELntu
that the fund.- which IA the hands Of Leeds Miner
well known auctioueors in danger. and the
plant and ali tine defendants had repeated dressed
their desire That the funds should remain until there
should be judgment deciding to which % the parties II
should go the plaintiff ultimately obtained ud yment in
the action but the fund meantime mad been greatly and
needessy reduced by fees and commissions TO the ref
Documentarv evidence was submitted in other casos
and the investigation, 20 ar - Judge McCunn is con
cerued was chen concluded II is claimed Dy te prose
cutor i'm This case that they have a1undantlv proved
their charges against Judge McCunn arbitrary, lille
gal and corrupt misconduct as Judicial officer; by
with his two lrothers-in-a James T. Morgan, law er
and James VI. Gano, dentist amt others. rcpeatl dly
granted, pGe the most Outrageous orders OF inc-
on and orders appointing receivers OF funds "a regard
to which ihee was HuSauOh before MN to the WI.,I
injury. and in many cases ruin, OF the parties to the
and 10 the benefit of no person whomsoever except
the Toccfcra ana Ielr counsel ana HeHper' OF tAe ou
Tamuauy Ring tO which Judge NcCuLn himself so long
belonged These rcceivcrshps have generally been Of
FUNDS which were not and We're not pretended TO be.
| In any danger whatsoever, IN The hands IN which
they were "a in the Hanson Cab Company case, where
the FUNDS We're deposiled WIN duncan sherman Co.
and the Fenian Bond case, where the funds in
/ the hands OF Belmont Co., aud where, even II the
paiLah. in the papers submitted 10 the Judge had
shown DrDiG fqcic I'm his favor order of
ton. restraining the persons holding the money from
parting win p pending the litigation would have been
on THAT the plaintiff could have been entitled 70. IN the
Bni. case the prosecutors claim thab Jhey nave
] shown cOhclusNey tLdt ,he osTc' oI Juu'c4t 9u.-
RACES the Dart Of Judge McCuRn have resulted in
profit nobody but McCuun himself. lIr. HanrIhan,
hi. receiver and Mr. Morgan brother-naw Of the Judge
and partner and counselor OF the receiver that the
that the partnership property OF Blninger & Co. was
largely in excess of their Liabilities TO creditors and
/
hr0u .hout this SOOO0 az low estimate has been
utterly lost; the Partnership properly IS al gore ne
private property Of both TIE partner o. the firm con-
sumed. rhe creditors are still unpaid. These cases
are merely examples OF those which proved and OF
many more which the prosecutors claim might have been
proved and the latter satisfied that the Judiciary
Committee cannot hesitate moment III recOlllo ulng
that JUd z. McCunn be either mpeachcd or removed.
TIE BAR ASSOCIATIONS OPINION OF THE EVI-
DENCE.
To the EdtkOr Of The tribune.
SIR: An editorial article in saturdays Times,
short article which appeared some time since in
The EccninD Post expressing tie opinion that the ev,
dence before Judiciary Committee tended rather TO
excupate than 10 implicate Judge McCunn, and the
daily reports Of the evidence. always necessarily i'm
perfect, and frequently unaccountaOly inaccurate in
respects for which the responsibility must be elsewhere
than with the reporters have constrained the Bar Asso
citation Committee TO break the silence which thus far
they have preserved. and to that they desire no
further testimony, and that in their Judgment, The most
cpcua answer such articles those above referred
10 Will be the Publication OF the evidence which mas
been TAKEN That Will Dc the most reliable means or
showing what j. the which has been made. ms
evidence the Bar Association Committee have been com
PEELED 20 withhold by the Injunction Of the Judiciary
Committee from which they are not YET relieved
JOSHUA VI. VAy COLT,
JNO T.. PARSONS
Netc- York, April 6. 1872. ALBERT oTlckNET