The New York herald., 1872-07-07
His Impeachment a Blow That lie Could Not
SurViye--PaPticuIars Of His IllneSS--.
Nervous PrOstratiOn Assigned
a. the Cause.
"My Son, They Have Broken My
Heart; But It is Not Bad
Heart After All"

stTcct, Nv minutes altcT IOuT OCOCk yestcI-
day morning, OF nervous prosuation, after being
confined to his bed for three days. His physicians
attribute his death to the excitement attending his
trial by the senate, which was con-
cluded oD Tuesday, and resulted In his impeach-
ment and removal from the bench. On Monday
last he was engaged for some hours in Brooklyn
and down town In New York, arranging some of
his busn css affairs, and exposed to the heat,
that rendered him slightly indisp0sed. The same
evening he left for Albany, to be present
at the close Of the Senatorial proceedings.
He returned to the city on Wednesday
morning, accompanied by his brother-in-law, Mr..
Morgan, and was at once Frustrated by the shock
to his nervous system produced by the action OF
the Senate. During the early part of the day he
Of pneumonia and remained in his bed
until late in the afternoon, when some friends
called to sympathiZe with him in his misfortunes,
and he arose and received them In his library.
Among those who met him on that evening was a
reporter Of the HERALD, with whom he conversed
for half an hour on the subject Of his trial. At
that time he conversed with difficulty, and at
stages in the interview became so exhausted
that he was compelled to stop and
lean back in his chair until he became more COM
posed 1t was apparent from his conversation that
he keenly felt the disgrace attaching to his i'm
'If were poor, weak man. would sink under
this action OF the Senate. On the contrary, will
show the community, ere long, that I can rise
above it; that this Is simply an ordeal through
which have had to pass to make me brighter and
better; and mark me- sir, will come out Of 1t as
the pebble quits the ocean, brighter and more
polished from the friction of the angry waves that
threaten to engulf me-" He spoke resolutely
of his determination to carry the case
to the Court OF Appeals; but ever and
anon he betrayed emotions OF despondency. On
bidding him goOdby he requested the reporter to
call again on Friday night when he hoped to be
convalescent and able to speak more freely on the
subject of his impeachment. Later on Wednesday
evening, against the advice Of Dr. Warner, the
family physician, he got up to receive some
friends, ana remained in his library about hour.
The exerti0n consequent upon this increased his
Illness and 80 had was he that his brothern-aw,
DR.. Gano and his wife, had to remain In attendance
by him through the entire night. On Thursday
morning he rallied slightly but as the day passed
and the heat became SO oppressive he grew
worse, and his nervousness vislby increased,
and slight delirium was manifested at intervals
Dr.. Warner was in constant attendance during the
day. and treated him for nervous prOstratiOn; but
SeW 20
when he rallied sufficiently to sic uD and peruse the
morning papers. Later he grew worse, and during
Opiates were administered with view Of putting
him to sleep, but they proved Intellectual, and he
continued to sink under the weight of his trOubles
on on' TSy morning Re seemed @
the first time, to realize the TACT that
Wife. WI 0o About 1 nine O'CLOCK A. he reauested % the
family to summon his pastor, the Rev. Father
Quinn, OF St. Peters church, In Barclay street. The
creased during the day on Friday evening the Rev.
Father OFarre was called In, and after cOnfessing
the dying man administered the sacrament OF the
The Judges symptoms were OF so alarming
character that DIR. Warner called In Dr. Austin
they decided to continue DR.. Warmers treatment,
and freely administered Oplates with view OF pro-
ducing sleep and rest so necessary to his recovery
effect intended and, rs the night advanced, he be-
weaker and subject to brief spells Of delirium.
and q few intimate friends with whom he occa
sonally conversed, with diinculty. About four
ing at his brother-in-law DR.. GanO, remarked in a
low voice, my son, they have broken my heat !;
later he fell asleep-the first time since the
vote of the Senate was recorded His
sleep might continue and that he would
rally; but ten minutes later-at fifteen minutes
past four A. M.-three of the physicians discovered
heart had ceased to beat. The Judge was dead,
and had gone to higher court than the Court Of
ADpedlS 10 nave Ills dCJS passed upon. HIS ueal II
was surprise to the little circle that watched by
him as he slumbered into deatA
The funeral Of the deceased Judge will take place
on Monday, at ten O'Clock A. M. The remains will
be conveyed to St. Peters church, In Barclay street.
where Rev. Father Quinn will celebrate solemn
requiem mass Tor the repose OF the Judges soul.
After the services the corpse Will be conveyed to
Calvary Cemetery ior interment. All the prelimi-
naries were arranged yesterday, including the Sc
cSef usee 81 e bsrSonr aa
Judge Cunning S. Bed Judge W. E. Curtis.
ford, EX-Judge F. J. Fithian,
Charles O'COnor, Ex-Judge Selden,
Ben. Wood, Senator James O'Brien.
John Il. Develin, Jonn II. McCunn.
:, The deceased leaves wife. but no family.
years OF age. Having received fair education
York he entered the law Office OF Charles O'ConOr
rose through all the grades, and when tventy-sx
years OF age was admitted to the bar. He subse-
quently entered into law partnership with James
MOncrief who subsequently became a Judge Of
the Superior Court. In 1860 he was elected City
Judge, having built up good law pr actice and par
tcipated more or less in local politics. While judge
he entered the three months service in April, 1861,
us captain In the sixty nth New ork Volunteers
but resigned few months later to organize the
Thirty-seventh regiment. He enlisted 1,oOJ men,
armed and equipped them at his own expense and
proceeded TO the Army the Potomac as ITS colonel
Owing to difficulty with Lieutenant Hunter, of the
Washington Provost Guard, he was c0u tmar-
tailed and reprimandcd 10y General Mcclellan, but
TO a ms so S1se % ta
difficulty with Hunter, and he soon after resigned
subsequently In September, 1861, he was
expelled from Washington on the plea
that he had too much influence with the
Irish troops. Returning to this city he resumed his
duties as CITY judge, and I'm 1864 was elected q
Judge OF the Superior Court. He was reelected In
1870. and filed the position until deposed by the
Senate on Tuesday last. During his residence In
this city he specuaed largely in real estate and by
his ventures accumulated large property that 1t is
said, yielded an income of nearly one hundred
ed his home In Ireland, where his mother still re-
sides, and 1t was his intention, had he not been
impeached, to have made another visit to the
Emerald Isle this summer. He was the owner OF
one OF the largest private libraries In this city, and
the author of work the subject OF the taxation