New-York tribune., 1872-12-06
JUDGE CURTIS'S TRIAL.

MARINE COURT CONTROVERSIES - IMPORTANT
TESTIMONY OF JUDGE SHEA AND OTHERS
AIR,SY. Dec. 5,-In the trial of Judge Cur
tia before the Senate this morning Alexander spadng
testified Judge shea acting as ChieJustice on one
OCCASION Curtis said to me that the time IOr san9
his position had arrived; he continued; this irish
- In rendering decisons says L. instead OF we'
and then he said he would make on hiW told Cur
It's he had better keep quie that no good could arise
from any quarreng among the Judges and that SO ar as
the opinions OF Judge Shea concerned he was him
self responsible for them, except when we joined WIN
him we had another up the next day, ana IL w%s
deemed proper adjourn the Court in order to avoid an
unseemy before tho bar Oh the part OF Judge
Curtis
Cross-examined by Mr. smith, told Judge shea
what apprehended, and insisted upon an adjournment
OF the court; this was my private apprehension,
aud was told to Shea, not In the hearing OF Curt on
tho former OCCASION when Judge Curtis told counsel he
wanted tho whole matter ventilated; l asked Judge
Shea to adjourn the court, but he did not comply.
Judge Shea testiaed Judge Curtis told me lie took
personal interest in the OF Cody against Langman
and wanted to use 1t as vehicle TO expose Judge
Joachimsen, one of our associates, as being
connected with one OF the parties In the suit
this party was O son of the Judge; during the
trial the counsel characterized the case as smelng
of corruption / told tue counsel he had better go
on aud present his case, and leave the argument 10
to be made hereafter Judge Curtis, then referring to
Judge Joachmsen Sid "I viii put my knife Into his
pork" meaning suppose, his interests The counsel
proceeded constantly rejecting upon the character OF
Judge Joachimsen; | checked him; and finally Judge
Curtis exclaimed Go Sir, go on am here as Judge
in this case" Judge Spaldng leaned over ana requested
me TO adjourn the court the conduct OF Judge GURUS
was extremely indecorous but declined hoping tnat
Judge Curtis would become quiet In the case OF Del
mar against steiuhart udge Demar did not participate,
IN
the bench and retired; he said something to Judge
Spaldjng which did not hear; subsequently my asso-
ciates adjourned the court they felt that justice
could not be deeenty administered account Of tue
conduct OF Judge Curtis.
Cross-examined by Mr. smlth-The origin of this trial
was the publication OF card purpOrtng TO cone from
Judge Curtis, charging improper conduct In the Marine
Court and on my part az ChiefJusce especially; on
the appearance OF this card sent request In writing
to the Bar Association inviting that body to institute an
investigation OF the affairs OF the Marine Court In my
action had the cooperation OF Judge Spalding and
other members of the Court am not an enemy TO
Judge Curtis deem him a very tndiscreet person; 1
was not acting from any illwll 10 Judge Curtis and
have none now heard OF the epthet he applied 20 me
only two or three weeks ago Judge Curtis approached
me 10 enlist my favor In behalf OF named Clark,
who had SUIT in the court in the latter part Of 1870
@ And ever since them up TO the tme these charges
we're made against the court by Judge Curtis you
said one OF this attempt on his part 70 corrupt YOU
to any onei A Oh yes; aid Ispoke Of 1t to Orlando
NJ. Stewart and others:
q. wheni A. dou't know.
u Wherei A. DON'T know
O. Did you speak ol 1t to your associate justices
o. When and where A. Why, often spoke of Judge
Curtis's action and conduct TO them. c,-,
O. Did you speak " Judge Spadlng OF this clark case
O. And yet they and all Of you continued to act with
Tne witness was asked few other questions, and his
examination, which had been very rigid, terminated.
A
when Judge Shea checked the counsel VINO reected ON
Judge Joachmsens character; and John X FiauniSan
After recess Judge Joachimsen of the Marine Court
WAS sworn and related the incident In court already
testified to by Judges spading aud shea
Crossexamined by Mr. sinith-Q 1Ou and your Asso-
cae Judges appeared before the Committee OF the Bar
Association in tine investigation Of the charges against
Inoe Cross also OF the Marine Court testified TO the
action of Judge Curtis In the OF Beam against
Clark; witness had this case before biI. and Curtis
came 10 nun anu su o W. ~ ni sid aftr no sd
decided Curtis said 10 him, "Wnat have you donef
you have decided that case against my frend by that
decision out OF pocket about $780, as nave got ~
Pay Crosse by Mr. Smith, went with the other
Judges before the Bar Association Committee volun-
tary it some time arter Judge Curtis spoke 10 me
about the BEEN and Clark tnat became convinced
that he something wrong, aud that he wanted TO
have me decide the case In favor OF his friend.
Charles c. Rust testified that he was counsel FOR plain
tin I'm the oase OF Beam agt Clark and detailed ali the
proceedings OF the by which appeared after the
had 1sen tried aud Judgment rendered Ia favor Of
tine paintl Curtis granted trial, and ordered the
"a tried before him. and denied " the palntn
the trial OF said case by jury.
Elijah T. Clark, defendant In the case or Beam against
Clark testified that he sold Judge Curtis two sets OF
furs Curtis told him TO send the b 70 his ottee which
he did the first VI furs paid for the other set
was never paid for. Crossaxamined by Mr.. smith
When was sued by Beam went 70 Judge Curtis and
asked his advice the matter and he told me to
eouuse after that Judge Curtis ordered another SCI VI
urs for his sister, the nrst SET being for has mother
from that me sept 1871. till 1884, never knew that the
bill was not paid told the bookkeeper the bill ought TO
have sent with the goods the whole transaction
WAS similar every respect TO all others the bill was
finally transferred TO the account OF profit and loss
Judge Curtis made any promise " me personally
or through any else that this suit should
DO decided Ia my favor nor thst no would
have 20 draw his check for the Judges there
never was y word between Judge Curtis ana my
SELF nor between him and any one for me- concerning
the new trial 1t proposed py the counsel our bus
ness at that time about t,000OOO year ~ was
Wholesale and at the time such small Dls uhseIted
were charged 10 profit and loss settled the SUIT De-
cause it had taken TO Brooklyn, and would nave
taken too much o my time ~ attend 70 III tue fact OF
iIs being taken out Of the Marine Court, away from
Judcr Curtis had nothing 10 do with my settling IT.
40 Mr. Benediot-There never was AN understanding
betwesn my and myself that this SUIT should DO
tried before Judge Curtis .......
Iaage urts then formed that this bill mad never
beeI ad and said that he would just as soon as
t,s case was disposed OF but he could not pay IL at
that time, as IL would not look WE'LL
The senate then adjourned thl ~ H. m. tomorrow.