The New York herald., 1872-12-05
CURTIS TRIAL.
The Evidence Against, the Alleged
Judicial Offender.
nership- Testimony Of Marine Court steno-
grapher-The Charges - to Indecent
Language and Improper Behavior
ON tho Bench h-Resolutions Of
Reverence for Mr. Greeley

ON tho Bench Resolutions Of
Reverence for Mr. Greeley.
ALBANY, N. Y, Dec 4, 1872.
The Senate met at 10 m.
George II. Gardiner who was o member OF the
law firm OF Curtis Co., resumed the witness
stand, and Mr.. Smith, Of counsel for respondent,
continued his cross-examination. Witness ex-
planned how the moneys earned by individual men,
bers Of the firm were received and disposed Of;
some one would come In and say TO me, ~ have
received so much IN such reference case" and
would charge 1t to him; could not say whether
Curtis received any OF the moneys for two refer
ence cases in October; the money went into the
common fund.
The direct examination OF Mr.. Townsend was
resumed-I identity these letters ss the ones re-
ceved from Mr.. Curtis Withdrawing from the firm.
Witness was asked whether there was any con-
versation had which drew forth this letter..
Mr.. Smith objected to this and the objection was
sustained.
Mr.. Townsend-was there not a scheme entered
into that Curtis should be made to appear TO with
draw so as to get Cushing out
Witness-My understanding was that Curtis was
to withdraw from the old firm and enter the new
one.
Mr.. Smith moved 10 strike out this answer as ir-
relevant and incompetent.
Mr.. Townsend said the fact was that Curtis with
drew from the Old firm and II was understood that
he entered and continued with the new frm,
Cushing, who had become obnoxious, having with
drawn. Now, we want TO prove this
Mr.. Smith, at some length, argued against the
admission OF this testimony on the ground that 1t
was not evidence OF what Curtis ever said or OF
what he ever did, but simply OF inference OF
the witness he insisted on his motion to strike
out the testimony.
The President put the question to the Senate and
It was decided IN the Affirmative, SO the evidence
was stricken out.
witness cOntinued-I am not positive that ever
had conversation with Judge Curtis on the sub
ject Of new c0partnership; this letter from Judge
Curtis notifying me that in consequence Oi the pas
sage OF the law prohibiting Judges from practising
IN their Courts, he must withdraw, was received BY
Mr. Townsend exhibited letter rom Mr.. Cush
ing to other members OF the firm, saying that Judge
Curtis having withdrawn from the frm, he also
Mr. Smith objected to the reception OF the letter
as incompetent evidence at the hands OF this wit
ness Mr.. Gushing himself should be put on the
stand to prove this letter.
The President admitted the letter as a fact SIM
ply proved by this witness.
Witness cOntinued-When the new firm was
organized opened new cash book; another let
ter was shown, dated in London, December, 1871,
written by Judge Curtis desiring that his name
should be removed from the nrm sign.
ARTHUR DELANEY's STATEMENT.
ten years es was for paS n G
the case OF Butler vs. Lee. witness was asked To
explain the nature OF the case. We demanded
jury and obtained one; when the case was reached
on the calendar counsel for defence had the case
carried into the Chamber, Judge Curtis presiding;
! opposed the motion for reference as E0t proper
having paid the fee; Judge Curtis however, had
the matter referred. objected to and the OBJ
jectlon was overruled.) The case was referred.
Curtis detailed the proceedings in the case as also
those OF another reference to the same referee.
titled to paying fees to the firm for services in q
| case Of requsition from the Governor.
GOODHART ON THE STAND
| Morris Goodhart called and sworn Am q
lawyer; have known Judge Curtis four years, and
am the Morris Goodhart mentioned as belonging
to the firm referred to here; before the cOpartner
| snip w0s formed had conversations with Pittman
and Gushing; also about week before 1t was
formed had conversation with Judge Curtis con-
corning IT.; he spoke to me- saying the others had
spoken to him OF II; he said he looked upon as
friend, and he was disposed to do what he could
explained the items OF payment to Judge Curtis;
those payments as ne understood them, were to
lqutdate his share OF the pr0nts OF the FIRMS busi
ness; the receipts OF the firm from January to
May were $3,00l 81; out of that Judge Curtis re-
Judge Curtis said he would not send any more ref
ences to our firm.
Much OF this witness testimony was similar to
The witness was asked who composed the firm OF
Pittman, Gardiner Goodhart, and said he could
tell whom he supposed to compose the firm.
Mr.. Smith objected to this sert Of evidence.
Witness said 1t was hts understanding that Curtis
tion with Curtis, but don't remember whether he
said he would remain member or not; think he
told me he would do all he could for the flrm.
Witness was asked what Pittman said to him about
the matter,
objected to BY Mr.. Smith, and objection sus-
witness said he understood the withdrawal OF
Curtis was to effect the withdrawal OF Cushing.
Judge Curtis for declining to give any more refer.
ences to the firm was because he got nothing from
the business and thought Gardiner took all the
To Mr.. Oiney-The withdrawal OF Mr.. Cushing
was on account Of his having been brought up to
the usages OF the bar Of Massachusetts, and was
unfamiliar with the practice OF the Courts OF New
York. Judge Curtis said the firm could do better
without him than with him.
PTTTMAN AND RUSS NOT ON HAND.
Counsel Tor the prosecution called for the wit
nesses, Pittman and Russ, but they failed to
Counsel then said they would have to pass by
the second charge and take up the third, for want
OF these witnesses.
THE THIRD CHARGE
is TO the effect that the respondent was guilty OF
grossly improper conduct and scandalously inde-
Tristan Nye was called and sworn. He was de-
fendant in a case brought by one Homan; Judge
Curtis, while the trial was on, said that was
rascal and that he would beat me II he could; the
remark was made In loud tone Of voice, and
could be heard all over the Court
Cross-examned by Mr.. Smith. AS went out
heard Judge Curtis say, HE is big rascal - sup
posed he meant me; Homan sued me; there were
no witnesses on either side; we were both sworn,
and testified to contrary statements; the matter
was left to Judge Curtis to decide; 1t was decided
REvERING Mr. GREELEY's MEMORY.
The examination Of this witness having con-
cluded, Mr.. Benedict offered the f0llowing:-
Resolved That with grateful sense of the eminent
services Of Mr. Greeley to this State and nation the
Senate Its high appreciation OF his secuure
his unselhsh humanity, his distinguished abilities and his
pure e which made him the greatest OF journal
lists and most impressive political and moral popular
educators and tenders TO his bcreaved family the
of It's deepest sympathy.
Resolved That token OF respect TO his memory the
Senate do In the progress OF his obsequies adjourn
present sittng.
Resolved That copy Of these resolutions be sent TO the
family OF the deceased by the Clerk.
Mr.. Murphy seconded the resolution. He said he
could not, In justice TO his feelings, allow the
casion 70 pass without making q few remarks No
man mas left greater mark on the policy OF the
government OF his country than Horace Greeley.
His ideas were those which founded that great
party which Ia now, and Is TO be for four years to
come, In the ascendant His ideas have become
no n rod md tfiadp n