The New York herald., 1872-12-06
The Senatorial Court Diving Into
Marine Court Scandals.
STARTLING EXPOSURES MADE.
The Accused Justice Charged with In
decOrOus Conduct Cd the Bench.
Statements by Justices Spalding
Shea, Gross and Joachimsen.

ALBANY, ". L., Dec. 0, lc'z.
The Senate met at ten O'Clock.
Mr.. Smith, OF the counsel for respondent, said he
was informed that the Sergeant t-at-Arms had in
custody several witnesses for whom attachments
had been issued He would therefore request that
they I've released from the actual custody OF the
Sergeant alarms.
Senator Perry asked II the counsel would take
the responsibility OF producing those witnesses
when wanted.
Nj. Smith declined to fake that responsibility.
Mr.. Perry WAS then opposed to discharging these
Witnesses and wanted tie usual course to be pro-
cceded with.
Mr.. Niles Beach was then called, sworn and gave
the reasons for his absence. He said that under the
pressure OF he engagements he had requested
Judge Curtis TO telegraph to him the day before he
was wanted. lie received the telegram, but was
unable to leave, anu telegraphed that he would
appear next day. which was yesterday, and he did
80 appear on motion OF Mr.. Beach he was dis
charged.
Charles W. Brooke, A. Loring Cushing and Ed
ward A. Acke, each rendered an excuse and on
motion each was discharged.
JUDGE cuRms' coNpUcr-JusTlcE srALprNe's TEs-
TIhUNy.
Alexander Spading was sworn and examined as
TO tue conduct OF Justice Curtis at General Term
OF the Marine Court, held in March, 1872, when, 1t
IL charged, II was so scandaous that his associates
] adjourned the Court. Witness was one OF the assO-
|
the case During the progress OF the case the Chief
Justice checked ana rebuked one OF the counsel for
using language rejecting on the Court, but the
Justlce tCurtis) told the counsel to 60 on; that he
wanted this matter fully ventilated. He went on
and We sat out the session. On the next day we
went INTO Court again. and another case was taken
Mr.. Smith objected to going into this evidence,
satIon between the judges alter the Court had
taken recess.
Senator Benedict held that the charge said the
fnnE nla ntr
braced the whole day.
The President put the question to the Senate and
the objection was not sustained
The witness then detailed the circumstances
Judge Shea was acting as Chief Justice and curtis
said to me that the time for stating his position had
arrived; he continued, This Irish OF q b-h, IN
rendering decisions, says i, instead Of .we,'n and
then he said he would make war on him; told
could arise from any quarreiling among the % Judges; s
that, 80 far as the OpiniOnS OF Judge Shea were
concerned, he was himself Responsible for them,
stated that while they had another case up the
neAt day II was deemed proper to adjourn the
Court IN order to avoid
AN UNSEEMLY SCENE
oeiore in tne Bar on the part Of Judge Curtis.
Mr. smith moved TO strike Out this evidence as
The President put the question and it was mega
| tived
Gross. examined by Mr.. Smith, told Judge Shea
/ what apprchended, and insisted upon an adjourn
ment OF the Court; this was my own private ap.
! prchension and was told TO Shea not in the hear
ing Of Curtis; on the former occasion, whom Judge
Curtis told counsel to go on, he wanted the whole
matter ventilated asked Judge Shea to adjourn
| the Court but he did not comply.
EVIDENCE OF JUSTICE SHEA.
Judge Shea was then called and sworn. He de-
tailed the first case referred TO Judge Curtis Told
him he took persona! interest in the OF Cody
| against Langman; that he wanted to use it as
vehicle to expose Judge JOachimsen, one of our
associates, as being connected with one OF the
parties IN the suit; this party was son OF the
Judge during ,e ai u ane c1unsei @
counseI he had better go on and present his case
and leave the argument to be made hereaiter
Judge Curtis, then referring TO Judge Joachmsen,
said, II will put my knife into his pork'-
meaning, ! suppose, his interests; Judge Curtis
ink in writing everything except private letters,
and asked me IL he should ask counsel II the en-
dorsement On a note referred to was In red ink;
told him no; that tnat would be indecorous; the
counsel proceeded, constantly rencctng upon the
character OF Judge Joachiinsen; checked him,
on; am here as Judge in this case I, Judge Spad-
ing leaned over and requested me to adjourn the
uogr as tne comouSt o1 Judge cars hn was ex
Judge Curtis would become quiet. Witness then
detailed the second instance when, from the
conduct OF Judge Curtis an adjournment was had;
the OF DeDmar against Stephart on, In the
hearing Of which Judge Curtis did not participate;
he was in the courtroom; finally he came upon the
bench. and retired; he said something TO Judge
| Spalding, which did not hear; subsequently my
associates adjourned the court, as they ielt that
JUSTICE COULD not BE DECENTLY ADMINISTERED
on account Of the conduct OF Judge Curtis.
Cross-examined by Mr.. smith-The origin OF this
| n
COME from Judge Curtis, charging improper con-
duct in the Marine Court, and on my part as Chief
card i sent q request in writing TO the Bar
Association inviting that body to institute an
In my action had the cooperation OF Judge
Spalding and other members OF the Court; am
not an enemy TO Judge Curtis; Ideem him very
indscreet person; was not acting by any iii will
to Judge Curtis and have none now; l heard of
the epithet he applied TO me only two or three
have navel had frequent conversations with Judge spad.
ing about this matter, but the epithet was never
before mentioned; IL was prearranged that the
Court should adjourn after the case OF Delmar vs..
Steinhart was finished; the case was finished, and
left the bench went out. and when returned the
Judge Curtis approached him to enlist his favor in
behalf oi a man named Clark, who had suit in this
Court.
The witness said II was IN the latter part OF 1870.
Mr. Smith-And ever since then, up to the time
these charges were made against the Court by
Judge Curtis you never said one word Of this at
tempt on hIs part TO corrupt you to any oneY
wtness-Oh, yes, DID; spoke Of 1t to Orlando
Mr. Smith-WhenY
Witness-I don't know.
Mr.. Smith-Where2
Witness-I don't know.
MIR. Smith-Did you ever speak Of 1t to your asso.
ciate Justicesf
Witness--Yes.
Mr.. Smith-When and where?
WitDess-why olten spoke OF Judge Curtis ac-
tion and conduct to them.
Mr.; smith-Did you speak to Judge spaldng Of
this Clark case 7
Wltness-I suppose did.
Mr.. Smith-And yet they and all OF you con.
tinued TO act with Judge Curtis?
Wltncss-les
The witness was asked few other questions
and his examination, which had been very rigid,
terminated.
Ephraim A. Jacobs was called and sworn. He
testified to Judge Curtis' interfering, when Judge
Shea checked the counsel, who reflected on Judge
J0achimsen's character.
John X F1annigan was sworn, and testified to
the same facts.
Recess till halfpast three O'Clock r. NJ.
Afternoon Session.
The Senate reassembled at bafpast three r. NJ
Judge Joachimsen, Of the Marine Court, was
sworn, and related the incident in the Court al
ready testified to by Judges Spaldng and shea.
Crosse xamined by Mr.. smith,
q, You appeared before the committee or the
Bar Association In the investigation OF the charges
al tpsf NIL