New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-06-27
JUDGE MoOUNN'S TRIAL.


EFPRCT OF THE WITHDRAWAL OF COUNSEL.
Albany, June 26.-The Senate in Executive
cs,on this morning. revised their action OF yesterday,
An relation 70 the payment Of witnesses fees and de-
aided to allow 30 day and eight cents mileage
when the doors opened the trial Of Judge MeCunn
was resumed
george f. Hickey testified was Deputy Sheriff I'M
ser james OBrien. and have been employed IN 'he
County Clerks Office; know Judge McCunn and Daniel
IL Hanrahan after the latter was appointed IN
Clarke agt Bninger. had charge with others OF inc
property Of the firm about five months; my appoint
ent with those Of four Others was outside OF the sher
tars Office. We were appointed by Judge McCunnj we
employed Mr. Cummings Of Brown, Hall Vanderpoei'
n tax our hin of costs before Judge McCunn; we were
M, acting as deputies In taking charge OF the property
or IN employing Mr.. Cummings.
George W. Titus testified: l counsel for MI
Rnniger; recognize the receivers bond shown me az
the bond made by Hanrahan; the words Judgment
aebtor," erased now, were not erased when hledj
made an application 10 Judge Jones in March, 1917 lor
an order enoinng the sales Of the property IN tne a
Of the receivers which granted; II was be
afterwards by Judge McCunn so Iar a. 10 ~ any in
sale 20 notice ever gwen 10 NJ ttio,
apply TO Judge MeCunn Tor snSn t Intb in
The witness was crosse xamined AT great ~ ts
relation 10 his own practice, ana MS views VI D"
PropFlety. ~. .os,,aod. was employed az coun-
sel 10 institute proceedings In bankruptcy III le is
States Court against Clarke and BlninSer w oeric
HAD already begun there by me sank %, curt fo
and papers had issued out Of the superior r
these proceedings by inc pdhh
Ives Beecbor Co received papers T R oS
McCunu restraining my ior re- o@1ai5t
%I n; -; oniv afdsvs; proceeded with the case OF
arvSy Blake Co I'm spite OF the injunction, believing
mat Judge McCunn had no jurisdiction 70 fi an
IT. John BeeSaF was B fRPS'C on JAN IS 1870
and Paul Armour des grated as their secoa chol,V
case Mr. Beecher would not serve at the meeuhg Vi ne
sre6itors lanes F. Morgan and Daniel II: Hanrahan
were present and an order was issued Dy Jqge S,
enoinng Beecher and Armour rom llteIIeIuk VIZ .ja
RECOVER in possession although they were not parties
with Mr.. Beecher and informed HanFaha9 anu DAT "a
Beechers selection assignee, and asked II t1ey MSua
said he Woud 40 whatever the Court that appointed
him should direct Judge McCunn issued an order re-
ReeebeT should not be punished for contempt in
violating his order; OF my partners went 70 SOut
necessary; when finished my engagement elsewhere
went TO Judge MeCunns Court Tough-poHns ma!
go and bring him-that is your warrant" and TAKE
bToneGi I'm between two persons OF whom received
the order IRON Judge McCuun who he said, had met
him In Walst and demanded his atenIanfe heIset t6 U
them had shown any paper or process OF te Oourt o
question Of contempt was argued day or Two aLer tna
the Judge intmated That MT BeecheI Ousn -. 10 po
Bned six cents the order fning him was never entered
although pressed Tor sqsh an order oronted assignee
Of the property by the creditors OF Clark Bnngef
~ co With him 10 the superior Court asked him for
bis authority, aud he showed me badge SAYING ne Ms
ward he and another met on Wal-st and sara they
wanted 70 10 with them TO Judge McCunh : C0uII
asked for their authority, and they said they were
vPuSu Quinn told me to 90: asked him where he
sad You can 60 either 10 Ludow-st jail or the bosom
Of your family said would 20 Wherever nc uHSoleu'
be said, You had better 60 home" ,
Abraham Bninger testified The stock on hand at the
time the receiver took possession OF our store was GOIH
about Sl2OOoO and the book debts amounted to about
RO0O more the copy OF the order appointing the re-
sewer required security in $1,000 only .,
MI Suckney asked witness 70 give conversation
between him and the receiver, HaIrahan, TO when Mr.
MOak objected, the ground that Judge McS9nn was
present Mr.. suckney claimed that me evidence az
ready showed "a conspiracy between MI compton, judge
Noun p MSRraan T Seo Senate Overed Inc oe
uon, and the witness detailed conversations win
very extraordinary proceeding for receiver to
seery and Haniahau said he had himself voluntarily
raised the security from $1,000 70 $1,000 and that was
80 use to Try to get him out because Judge MeCunn
would keep him in In response TO senator d. p Wood,
he said The assets Of the firm were between 100000 and
toQOoO and the Indebtedness about S2OOO; OF tue as
sets about $4,000 in stock sSVV u ueDts ana inc
JesSph A. Hodmire testified: an sonin-aw "A. B.
Clarke have seen Judge MeCunn at ms house several
pesed The account gwen Of that by Mr. b Clarke was
correct time Judge MSCunn saiG it would not he
proper 10 have It known That he was III the house
TESTIMONY OF JAMES F. MORGAN
A large amount Of documentary evidence was sub
rtted IN support Of the oral testimony, and marked III
evidence az the afternoon session.
James F. Morgan testified for the prosecution: am
an attorney and have been since 1861
am brother.in-law Of Judge McCunn; was never in
ms ofce al any time, either while he was III practice OF
sinoe ] was "a member OF the firm OF Morgan Hanra-
through several other firms Hanrahan was my partner
AZ che time he appointed receiver in the Bnnger
ease. he was not in a position TO ascertain how much
was worth; was worth $4,000 in 1868; Mr. GOram has
been In office several times MI. HanrahanIoi1 me
who he was / did not 20 with HanTahan when he TOOK
charge Of the stock; he did not 10 away before O'Clock
the morning took possession saw the order APP
Topting Hanrahan receiver; the bond was not drawn
on the previous day-it was drawn at the time IL was
exeGlted remember Judge JOues's order restraining
the sale by HauTahanit given 10 me By Mr. Herts,
the auctOneer procured the order nom McCnn nCql-
fyng that there orders granted by Judge Nc
Cunn-One at Chambers and the other IN the superior
Court Judge Jones not at court When applied IOr
The cast me day be was made receivers received either
$4,000 or Ell for fees counsel to the receivers they
70 m checks from MI Herts az proceeds OF te
sale deposited Of them in the Gallatin National
Bank where had account in my name belonging to
The account Of Hanrahan receiver extending to May.
100 was identified by the witness and put in evidence.
u shove total receipts OF &2'i04; total expenses
tI70t6 a. 81 ---s '--'c7~c
Examination resumed bought a house from Judge
MoCunn jan g. 1870 paid MIN IN check OF Jay Cooke
a Co. for $3.50, and my check for N659 heid DacR
AGO for taxes which afterward 10 Judge McCunn
s1ilSO Roger A. Pryor was also employed as COUNSEL
iS T 5SS Necahn and have acted 55se to the
iver IN the case Of Corey Long in which James
eeiver In brandon against Buck have received patron
age from Judge McCunD in the shape % eIerenees nave
neen appoutcd in numerous cases.
Mr. Moak asked to have this testimony stricken out,
which the senate refused.
about tl6 coo year; had rented the house bought
from Judge MeCunn; before bOughtlt paid hun SsO9
s ySb m from JAW Cooke was for TenForty bonds
Which they sold for me- and which had purchased with
sooDey saved up; Hsnrahan the most temperate
man ever knew before he was appointed receiver IN
the Bninger SUITS be was an abe business s eS Mace SS
the order was issued allowing the sale. Inc
witness explained at some length his understand sd
McCmn IN THIS salt, ana the Mo Sssto ~
~ nTorTtv 40 far as he knew drew three complaints
for HaGrahan, and applied 70 Judge hcCunn for in
ssny other Judge / went 10 Judge McCunn because