The New York herald., 1872-12-06
scciaticn and made stasements which have teen

sJ6bemeuls
testified 10 10 tins trial.
JUDGE aROssi STATEMENT.
Judge Gross, another Judge OF she Marine
Court, was sworn, and testified TO the action Of
Judge Curtis IN the case OF BEEN against Clark.
Witness had this case before him and Curtis came
TO him and said he wanted him to do what was
said, after he had decided IL, Curtis said to him,
what have you done you have decided that case
against my niend: by that decision | am out 01
pocket about $500, as have got to pay thar sum-
Cross examined 10y Mr.. Smith, went with the
other judges before the Bar Association COMMITTEES
voluntarily; II was some time after Judge Curtis
spoke 10 me about the BEEN and Clark case shat l
wran became c, convinced mat he meant something
10 iavor OF his friend; alter l became so con-
yinced ! stu treated him in a friendly manner;
that Is, converscd with nim as usual.
Mr.. Smith-What have been your feelings to-
wards Curtisl a. had not spoken to him for two
years until last night
Mr.. Smith-What made you change your depOrt-
ment last night
A. had sympathy for him in his present position;
felt sorry to see him, so young and worthy man,
IN such position, and SAID TO HIM that ! did not
want want nm TO think IT was through any III will was
Mr. smith-p!d you not say to him words some
thlng like these Curtis, ior Gods sake, 10 not let
smitn cross-eAamlne mef'
A. No, sir.
Mr.. smith-Dd you not saw "Do not have any ex-
amihation inade as TO summary prOceedings?i ~
A. said something about summary proceedings.
Mr.. Smlth-D'd You not say, "For Gods sake do
not let smith or counsel examine me on that
subject ~
Mr.. Smth-There was something said about YOUR
examinations; then what was itY
A. told him It would not benefit the case any to
have that subject gone into. rhe witness
explained that these summary prossedlngs
tenants, and that an examination here and at THIS
time might result to his dscredit; but at the same
over all the fees he had received. He further said
that through the advice OF friends he had Tor sew
eral years retained these fees, but within enc past
making this statement, which he dcnomInatcd
confession of
CONDUCT OF WHICH HE WAS ASHAMED.
Mr. Smith said he would not pursue that line OF ex-
animation any further.
To Mr.. Townsend-Therc was n division OF opin-
ion among lawyers as to whether the Judge WAS
entitled 10 the fees the salary was then Sd,oOo IL
Mr. Smith-Judge, can you name single lawyer
who gave 1t as his opinion that you were entitled
TO those fcesY
Wltness-Judge Rust.
Mr.. Smith-Who is he?
Wltness-He IS now dead.
Mr. Smith-Oh, want some live man.
Witness named some one else, who casually said
SO on the street.
Mr.. smith-oh, that's all; only said casually
on the stree.. Wen. we will let it go at that.
CHARLES q. RUST SWORN
aud testifcd:-Was counsel Tor plaintiff In the
case of Beam VS.. Clark and detailed all the pro-
ceedings OF the case, by which 1t appeared after
the case had been tried and judgment rendered in
favor OF the plaintif Curtis granted new trial and
ordered the same TO be tried before him, and de-
MED to the plaintiff the trial OF said by jury
Cross-examined by Mr.. Smith-There was moth
Ing irregular III TRANSFERRING case WHICH
brought 1t before Curtis; It was done not by my
request but with my consent; don't know that the
Judge knew what was In the order.
Elijah I. Clark, defendant In the case OF Beam
VIZ. Clark, testified That he sold to Judge Curtis two
sets OF urs Curtis told him to send the bill TO his
Office, which he did; the first set OF iurs paid
for; the other set was never paid lor.
Crosse examined by Mr.. Smth-When was sued
by Beam went to Judge Curtis and asked his all
vice in the matter, and he told me TO engage coun-
sci; alter that Judge Curtis ordered
ANOTHER SET or FURs
for his sister, the first set being for his mother;
from that time September, 1871, till 1872, ncvcrs
keeper the bill ought to have been sent with the
goods; the whole transaction was similar in every
respect with all Others; the bill was finally trans
ferrcd TO the account OF profit ana loss; Judge
Curtis never made any promise TO me personally
or through any one else that this suit should
have to draw his check for the Judge; there
never was n word between Judge Curtis and myself
nor between him and any one Tor me concerning
the new trial; the new trial was proposed by the
counsel; our business at that time was about one
million dollars year, it was Wholesale, and ~ the
profit and loss; settled the suit because it had
been taken to Brooklyn and would have taken too
much OF my time TO attend to it; the fact OF It's
being taken out OF the Marine Court, away from
Judge Curtis, had nothing to Go with my settling II.
To Mr.. Benedict-There never was any under
standing between my counsel and myself tiat this
suit should be tried before Judge Curtis.
TO Mr.. Oney-I did appear before the Bar Asso-
citation; Judge Curtis then was informed that this
bill had never been paid, and said that he would
pay IL just soon this tlispOseo Of,
but he could not pay 1t ut this time, rs IL would NOS
look well.
The Senate then adjourned till ten A. NJ. to-
m