The New York herald., 1872-12-05
that AM feelings or asperisy towards Mr. Greeley
rom any source would be buried in his grave
aea

Iuc othutc IeabSe mDleu AZ t0ur O'CLOCK y. M.
James H. Whitlege was called and sw0rn-Iie
testified that he was attorney for Homan, in the
case OF Homan Va Nye, in the Marine Court, before
on the witness stand; l heard Judge Curtis say
that Homan was victim; that the eqnity was in
than NSs w sye he also made
that he said that he would beat him II ne could
THE COURT srENoGRAPuER.
Farrell ODowd, stenographer in the Marine
Court, was called and sworn. He was asked II he
was ever present in that Court when negroes were
Mr.. smith objected to this evidence, as the
charge insufficient In specification The charge
was that the Judge had spoken disrespectfuliy OF
negroes, but II does not say when, nor does it
specify to whom or OF whom he used this language
man put on trial is entitled to full knowledge
cations; else how Is he to make his defence9
Mr.. Townsend maintained that the charge was
not as general as the counsel claimed. II charged
that the respondent had insulted this particular
Senator Murphy thought 1t was due the accused
that this charge should have been made with spe-
cihcation, SO that he might have prepared himself
The President put the question ana the objection
was sustained and the evidence on that charge cx-
Guided.
Witness then went on to say that he was always
present when Judge Curtis held Court In Part up
I'LL October, 1871 Witness was asked what were
the Judges general habits.
This was objected to by Mr.. Smith as having been
Mr.. Townsend claimed that he had a right to
prove the general character OF the respondent
uuucr tue gencful CnhrBe Vi Improper cOnuuCt.
me President put the question whether the OBJ
lection should be sustained, ana it was decided in
the negative by vote OF o to H..
The witness answered that he had frequently
heard the Judge tell counsel they were liars he also
ate and drank while on the bench; he took lager
beer and ale; do not rec0lect OF ever
SEEING HIM INTOXICATED
In Court over two or three times.
Cross-examined by Mr.. SMITH was not dis
had words with Judge Curtis; he told me that III
] could not take the testimony from witnesses
was mot taking testimony S rom coanseI anotner
stenographer took my place; ! have the aflidavits
OF six or seven jurors that the Judge treated me
unmannery; got these afidavits because heard
he was trying to have me dismissed from the
Court; have no Ill will TO Judge Curtis; ! cannot
the language have there
large number present; remember his saying once
to q juror, ,.Yon may believe what this witness
says but ! don't believe q word he says;''
Wood against a man for, running his wagon
but .Ss Was SOME time esrs In
1871; don't recoect what the witness said don't
know who the witness was; don't know anything
more about it: have seen the Judge drink ale or
lager beer In Court; Judge Curtis held long ses-
sions TO dispose Of cases; he was very hard work
ing Judge; II was not on such occasions that this
ale was drank; never saw any other Judge take
such refreshments.
The senate then took recess till seven O'Clock
Evening Session.
The Senate reassembled at seven O'Clock r. NJ.
Mr.. O'Dowd resumed the witness stand and tcs-
tilted as follows :.tave seen spirituOus liquor used
by the Judge In Court; cannot say who bought or
paid for IT,; cannot tell when 1t was; 80 far as
Court was brought by . man named christa.
d0ro; do not know OF any one else; he, think,
brought ale have heard the Judge speak OF colored
persons as charged; cannot tell when or on what
occasion II was; cannot tell who else heard 1t; it
was only once heardit; do not remember the time
or about the 10Th Of October, 1917 that was the
only time can specify; am willing to say that II
! am mistaken In TINS case then the other cases
mention are unreliable; Douglas, Campbell and
Bell were present; at the time Judge Curtis came
into the court room staggering every one there
wOulu and could see IL he then
STAGGERED WITH DRUNKENNESS
to the bench; this was twenty minutes to three
O'Clock I. NJ; recess had been taken at one
O'Clock p. NJ a Senator went out with him; don't
remember his name; now remember lit was
man whom had before been told was Senator
tell who was there ut the time; can't say whether
he ever smoked either q cigar or Q pipe while on
the bench; can't tell whether ever saw him
smoke q cigar on the bench.
TREATMENT OF COLORED WITNESSES.
Charles =. Birdseyc. Assistant Clerk Of the Court,
Court the dates oi several trials lie had heard the
Judge say, when colored witness was called.
''Now let US hear what the fifteenth amendment
has got to say;n he said this In u laughing way I;
otherwise he treated these witnesses just the same
as others; HAD heard him say OF . witpess, "That's
people Who were parties TO an action ia that Court:
never knew OF their being treated unjustly by the
Judge; they were mostly marine cases, and think
got justice and tnat they were treated properly.
THE CHARGE OF DRUNKENNESS DENIED
Mr. Whtlege was recalled, and testified as fol-
lows:-I was present Just now when Mr. O;Dowd
gave his Testimony to the effect that Judge Curtis
charged him with not taking his stenographic notes
properly; saw Judge Curtis at the time, and he
was not intoxicated at ALL
To Mr.. Townsend-I do not recollect distinctly
sionaliy was there at the time the Court took its
recess At one p. M; went out and got u lunch;
Judge Curtis came IN after got In.
To Mr.. COchrane-l saw him 90 up on the plat
form and take his seat as sober man would; nc
was not intoxicated at all; did not see senator
Mr.. Brdseye was recalled and testified that he
never saw Judge Curtis under the influence OF
liquor on the bench.
titled to hearing Judge Curtis make remarks re-
iecting upon colOred people and upon the veracity
bring that man before me do not want to do him
an injustice; he is one Of those Methodist psalm
singers"
70 Mr.. Smith-He added the latter part In an un-
dertone; he always treated the cOiOred people
kindly, though he spoke OF them In pleasant way
as fifteenth amendments; never saw Judge Curtis
under the influence of liquor
Hugh McCutchin was sworn and testified as fol-
lOws:-Am a clerk In a law o1ice; was present in
the Marine Court on the 18th OF October, 1871 when
the Court took recess; the recess was an order
for half an hour, and IL lasted Tor an hour and q
half; saw the Judge after he took hts seat on the
bench, and think he was intoxicated
Cr0ss-examined BY Mr.. H. g. DennsOn-I was not
a lawyers clerk at the time l appeared for the
plaintir; there was o verdict for defendant; there
was motion for a new trial.
c. w. Beane testified-I was in the Marine Court
on the 18th OF October. 1871, when recess was
dered; saw Judge Curtis after recess; thought he
was intoxicated.
To Mr. Smith-Can only swear that the Judge ap-
peared to be intoxicated; can't say we were dis
satisfied with the verdict; we appealed because we
felt we could have the verdict reversed; OF course
we did not like the verdict; had nothing 10 say
against the action OF the jury; the charge and ali
the proceedings were wrong; the Judge vir-
tually told the jury to render the verdict
they dd; think the Judge was intoxicated,
from his general appearance. ID. ID. Field was
present at O trial OF assault and battery before
Judge Curtis, in which the Judge said the testimony
was so conflicting that he could not tell who had
told the truth; he told the defendant, named
Waterhouse, to let him see his eyes, and then said
there was white all around them, so he would fine
him SIS.
The senate then adjourned till ten O'Clock A. NJ.
tomorrow.
THE LOUISIANA KELLOGG -WARMOTH WAR.