New-York tribune., 1872-05-24
AFFAIRS IN ALBANY.


or UUpGE PRINDLE-JUDGE NOUNS CASE.
SENATE ALBANY, May 49, 1872.
The Senate was called to order at 10 a. m.
Mr. MURPHY from the Committee on Rules, submitted
report. which was on his motion, laid on the table.
The CHAIR announced that the first business in order
WAS the argument on the demurrer put In Dy the re-
spondent Horace G.. Prinde, County Judge ana surro
gate of Chenango County The charges against tne re-
spondent are "a in number and recite the years oflSe
1868 1863 1870 and 1871 He, County Judge and Sur
roeate drew the papers of all descriptions, knowing
that the same TO he used by
and before him such County Judge
and Surrogate, and knowingly corrupily, and unlaw-
fully demanded, received, and extortod fees varying
from 50 TO SEQ for his personal services In drawing such
papers also that during the years named he refused TO
perform the duties Of his office referring applicants 10
George Ray to have their papers uia"n Ihe t uy
murrer contains two exceptions; first To the fourth
charge that he refused perform the duties OF his Office
that it is insufficient in not being specnc eeond 10 an
of the charges except the fourth as not mputng to
and that the Senate has Jurisdiction In the case
HENRY r. MYGATT of the counsel for Judge Inndle adj
dressed the Senate I'm support of the demurrer review
ing the charges, and claiming that, as these alleged
ofenses occurred while the respondent was serving
previous term OF office, reelection ana new oath OF
Office eXnguished all liability He spoke at length az
to the powers of the Senate in such trials citing large
number Of authorities and cases where the alleged
ofenses were committed during previous term OF
Office. and which were set aside.
LYMAN TREMAIS, on behalf OF the prosecution, fol-
lowed, calling attention 10 the importance OF the ques
tiOn rdised-the question or jurisdiction. lie was sur
psed that the respondent should come In here with such
plea. There were two courses open TO him. These
changes were indctabe. He could have stood trial. or
he could have come here throwing open all avenues or
investigation, if he considered his action as pure
it should be. He asked the Senate If It
ready TO strike down the great and
salutary power placed IN their hands by the Consttu
ton. Here an Official indugng in practices 80 fire.
quently that they had become common action, ana
what were they There are 81 charges against him,
most OF which to the effect that he guilty Ot
extOrting from the widow and the orphan the decrepd
and the demented moneys without authority OF law and
must the provision made by the Constitution for the
punishment Of such conduct be set asdel The counsel
proceeded in this strain at much length He then dis
cussed the object aud purpose OF convenng the Senate
court. He said the Senato's office not much 10
punish ofenses as TO prevent their recurrence. He
argued at much length IN favor of Oyerrung the de-
murrer. Recess till p. m.
The senate reassembed at p. N. Senator j. WOOD,
from the Judiciary Committee TO whom referred the
case OF Judge MeCunn, reported that they had been
that the charges were served upon him, and that he
served and filed his answer thereto aud that Judge
McCn elects TO be tried before the Senate instead OF
the Committee The report agreed to.
Mr.. TREAAIs then resumed his argument in opposition
TO the demurrer put in by Judge Prinde and spoke an
Judge PRSDLE then addressed the Senate in his own
defense and protested against the appeals to the passion
Of the Senate made By counsel II the County Judge OF
Chenango County was guilty OF corrupt conduct he
here TO stand the test Of the Senate and fall this
demurrer 1t was simple question for the Senate to
answer whether 1t will go back the decision OF the
people which was given at the last election. and take
up the charges and pass upon them This all there
was OF 1t. THESE charges had been passed upon
by tne people once, but II the Senate was deter
mined TO remove hun from Office II had the power TO
do He did not doubt the power The
Constitution unquestionably conferred this power
but u Conferred IT with the expectation that
1t would be judiciousy used. He then discussed the
point whether the Senate could back to former terms
insisting that the precedens showed that they could not
He said that II must have TO the Senate that IL
was te curious that for nine years this corruption,
TINS extorton has prevailed in this Office of County
Judge OF Chenango County and yet the people not
anything OF 1t until new election is to be had when
THESE IIauus ana coTIuptons are developed by pOt
cal convention opposed to the incumbent. He then de-
tailed the rutess efforts made In his county to obtain
an indictment from the Grand Jury and also the utter
failure before the people In the election.
MI IhEMAN rose to point Of order, and questioned
the prolrety OF audlng to the action Of the Grand
jury uness he other side he permitted 10 show whose
counsel said about these oGenses being indictable
The PRESIDENT said Judge Prndle might proceed in
order Out htnhted tha was not order refer to
action OF Grand Jury.
Judge PRISDLE-yery wen, have the right, then, to
refer to the action of the Board Supervisors for
eel has referred 10 their action He then detailed their
ana the part he performed before Board
10 SHOW . ne lad done all that could be required or
him. He also criticised the charges claiming that he
was JUSTIFIED by law in acting he had until again
called 10 Or9er When he said he had no die position 10
speak out of order but, counsel for the prosecution
had referred 10 the charges he thought he had the right
few moments longer he submitted the question 10 the
on motion of Mr. LEWIS the Senate went into secret
session.
During the consultation it was agreed to adjourn till
the 18th OF June at In leaving the question the
demurrer unsettled.
time
Inc presence OF Judge Barnard In the Court Of I'm
yesterday created much surprise, as II was
there @ Delns no necessity for his personal attend
anee he however, stated that no would ap-
pear IN person, because he wanted 10 pay
pro- proper respect % to the Court. 1t was remarked
that this was the first Court which he ever bound 70
respect. After the adjournment ne dsapneared and
was believed 10 have returned TO New.York, but was
subsequently, sscetalned that he still here, and was
making earnest Efforts, through persona! friends aud
0tnerwlse 10 influence some Of the Senator'S It may be
associate friendly with the acensed and yet do
strict Justice between the latter people; but
hardly be deemed consistent with proprefy that
they should be driving about In ca arTiage together
at least until the judgment OF the Court has been
rendered.
.... The Hon, Reedfr w, CLARK died nj Batayia,