The sun., 1872-05-24
THE IMPEACHMENT TRIALS
JUDGES PRTVpr" 'Np W'CTNN ms.
FORE TNE MIR or TUE SEN.ITE.

ALBANY, May 23.-Thc Senate met this
morning at ~ o'clock to consider the case "a,
Horace q. Prindle. County Judge and Surrogate
~ y, 24,stt,sss'.-.'s,T y 5yise Ps4H.s'gls ch-r-rr-
with malfeasance in ONCE The spocincations
are ffty-four in number. They were sent 10 tho
Governor last winter, and by him transmitted to
the Senate, with recommendation that they
be found true Judge Prindle be removed from of
fee. There was a rather slim attendance. the et
element having apparently died out with thp
disposal of the Barnard case. Judge Prindle put
in a general demurrer to the charges lie claimed
that all the alleged offences were committed
previous to his last election, and that therefore
the Senate had no right authority TO take
them into consideration. As this Is undcrstood
to be one OF the pleas that will be made In the
case OF Judge Barnard much interest is felt aa
To what the decision of the Senate will be.
JUDGE PRINDLEs DEFENCE.
II. H. Mygatt, ESD appeared for Judge Prn-
die, and occupied over two hours In his opening
speech. His argument was confined almost en-
tirely 20 the point that the Senate could not
take cOgnlZance of acts committed by the judge
before his election. This, 1t will be remembered,
Vas one Of the main points In the defence ~
have been instrumental In retaining that gentle-
man IN his seat Mr.. Mygatt cited innumerabo
preCedents to sustain his position, extending
from old English times down to the case ol
Speaker Callicott. lie did not cite the case Of
man was sitting directly In front Of him while
he was talking. His arguments. however, were
very similar 10 those made 10y Senators woodin
and Murphy In the case Of that gentleman.
MI TREMAIS's ARGUMENT.
The Hon. Lyman Tremain appeared for tho
prosecution. lie claimed that the demurrer
ought ~ be overruled. lie looked upon il a. A
virtual confession of the truth of the atty-fouf
charges made. He looked upon Judge Prindle's
action a. skulking behind a plea of want OF ju-
risdiCtiOn on the part OF the Senate. instead Of
coming boldly forward ~ an honest man should
deny the charges and demand full and free In
vestigation. lie claimed that the senate could
and should 60 back Of the last election Of Judge
Prndle, II necessary to protect the people
against u corrupt Judge. lie spoke for nearly
two hours, aud was very severe on tho Judge for
the course he had taken Ia endeayorlng to choke
of the investigation
At2 O'Clock the senate took n recess until Z,
In order To give the Senators an opportunity To
SET tht!T diaiFcis.
JUDGE rRINDLB ~ ms owN DEFENCr.
After the recess, Mr.. Tromaln continued his
remark speaking for over an hour. lie was
followed by Judge Prndle, who claimed that
his demurrer was not u confession of guilt. lie
had read portion Of his answer, la which he
denied the truth of all the charges. lie thought
that popular clamor against Judges in the city
OF New York ought not to &c allowed To ptci.-
dice his case. According to Mr.. Trcmain's argl-
ment this case must TAIL If the Governor is by
bunal Tor deciding IL; that the Governors neg
lect to make an examination ut the case. "a
shown Ia his message transmitting the changes
bciittlc the powers which the Senate had In
these proceedings, but he thought they must loo
known rules Of judicial investigation. lilo
contended that II contrary course
pursued, some II the Senators might think him
unlt to be a County Judge Of Chenango county
1T5,fdse ytcT- ma cTnJ NJ v1r yTraI' -rSr
vote for the great and good Horace Greelcy fer
President. lie said that the whole proceedings
against him were the result Of the mach nations
Of disappointed politicians. lie said these
charges had been passed upon 10y the peoplo
once. but n the senate WIS determined to re-
move him from ONCE Il had the power to do -o.
| lie did not doubt the power. The Cunst.-
| but 1t conferred It with the expectation
| that Il would be judiciously used. Ito
then discussed the point whether the Senate
| could 20 back to former terms, insisting that
| the precodeuts showed that they could not llo
| said that IL must have occurred to the Senate
that It was little curious that for nine years this
| corruption. this cytortiun has prevailed IN this
office Of County Judge Of ChcnHngO county ana
| yet the people not know anything OF 1t untils
| new election is to be had, when these frauds
| and corruptiuns are developed by political
convention opposed To the incumbent. lie
| then detailed the iTuitless efforts made In his
county To obtain an indictment from the Grand
Jury, and also the utter failure before the reo-
| pic In the election.
| APPOINT OF ORDER.
| Mr. Treman rose 10 a point ~ ordc- and qles
toned the rr priety of dlludng 10 the action oi
| the Grand JIiy unless the other side b. per
| mitted To show whose Grand Jury this was.
| Judge Puudlc said he was only replying 10
7 w,Gic td,ritr sT III 7.t ;Ic'c''-rT ty ;',Ss'.s'
dictahle.
The President said Judge prlndie might pro-
| ceed In order. but intimatcd that IL was not IN
|
| Judge pTindle-Nery well, | have the right
then To refer to the action of the Board Of super
| yisors for counsel has referred 20 their action
| lie then detailed their proceedings and the part
| he performed before that Board t. show THAI hd
| had done all that could he required of him. lie
| also criticised the charges, claiming that he was
| justified 10y law In acting as he had done untll
| again called to order, when he said he had no
| disposition to speak out Of order but AS counsel
| for the prosecution had referred Ia the charges,
| he thought lac had the right To- show that they
| wero fala,ious. After continuing u few mo-
| msut- LONGER he submitted the stlOn TO the
| Senate. He spoke for nearly an hour and hail
| VERY feelngI, and made what va. conceded a
strong arg1iiient Tor his case The senate then
| went into executive session, and resolved to Nd
| juuIn until the 18th of June. They viii then de-
| eide the question of the demurrer.
JUDGE McUNS's ANSWER.
Notwithstanding Judge McCunn was yesterday
| reported 50 sick that the Sergeant -at-Arms cd
the senate could not serve notice TO aPptM
| uFon him, he Tits Morning turned NJ ~ Albany.
He appeared before the judiciary Committee Of
the senate and hled his answer To the charges
serve, the right to object. by motion or other
wise to any or all proceedings based upon the
| charges thdt he was elected Justice uf the su'
| perior Court Of New York in 1853, to take onita
| In 1870; that he has taken the oath required %
upopthS aG.i hLs- IL = -apl shall disc94[g.,
them; that while he does NOT admit any OF tnt
charges, he insists THAI in case the acts IN ,'tt
charges are shown to have been committed bl
| MIN, they Will be shown "a have been Commi. tee
before his las; election. and that the Senate
therefore, has 10 jurisdi, tiun to try him upOi
the charges and tie further AYERS that the mat
ter, alleged la the charges do MT cons lit ate Al
offence ior which the defendant j. liable To re-
moyul under the tuustjtutipn; ami further, tlu
resi- ondcnt denies each lud 2veN allegation II
| tn charges.
THE REPORT or rHG I,prct,Ry COMMITTEE,
f &9g'g'4 i9 " ~ A9' f5 T4 7J,; Ey; \
from his ohcr of Jonn Nice ulu. one OF ne lns'cc
port. mat u,yy have h,,n attended hy -Aid oi,..
ssaia,. sud afir'a ir,l macdt5 Ne 'Go',rn.rt {. m
4 % atII M