The New York herald., 1872-11-23
Strong Arguments in Defence Of Prindle-An
HIS Sins Those Of Ignorance, Not Of Wilful-
ne@-No DeciGon Arrived At-The
Curtis Case Adjourned for One Week.

q
Senator elect from the Fourteenth district. He ap.
peared, the oath of ONCE was administered to HIM
and he took his seat.
THE CASE OF JUDGE CURTIS
Mr. Henry Smith, Of counsel for Judge Curtis,
inquired Of the Senate when it intended to take up
the case OF his client. He said there were num-
ber OF witnesses present, and the information was
desirable.
Mr.. D. p. Wood moved that the case be taken up
tomorrow He thought the Prindle case could be
disposed Of to-day.
Mr. Johnson said the members would like to
return to their homes to attend church, If for
nothing else, and he moved that the Curtis case be
taken up on Monday.
Mr.. D. p Wood replied that there were churches
In Albany; besides, to pospose the case to Monday
would be equivalent to putting it over for week,
Tor the reason that the members will want to 60
home to spend Thanksgiving. There was another
reason for going on with the case-the witnesses
were here and available.
Mr.. Bowen said from the information he had re-
ceived the Curtis case would occupy the greater
part OF December. He, therefore, moved that that
case be referred to the Judiciary Committee to take
the testimony and report on the first day Of the
regular session.
Lost, as follows:-
AYEs-Messrs. Baker, Benedict Bowen Chatneld, Dick
NoEs-Messrs Adams, Allen, Ames Cox. Lowcry, Mnr
ply, Perry, Robertson, Tcmann Wcsmann, D. 4. Wood
and James Wood-l2.
Mr.. Lewis then moved to lay the whole matter on
the table, inasmuch as there was not sufficient in
formation in possession of the Senate to decide
upon it. Carried.
JUDGE PRINDLE's CASE CONTINUED.
f. II. Prindle, of the counsel for Judge Prndle,
then resumed his argument, cOntending that his
government bond transaction was purely busi-
one, and fully understood by the old lady, that
the respondent took no advantage OF her and
that she acted for herself solely. The counsel
then proceeded to notice the charge that
the respondent has acted as attorney and counsel
In the Supreme Court while Surrogate, contrary
to law and said the respondent was at the time
ignorant of the law referred to. He maintained
that there was not one In twenty lawyers Of this
State who knew OF this law and called attention to
the fact that Judge Boardman, of the Supreme
was was not aware Of it. Now, said the Counsel,
fully and corruptly Violated this statute. Could
not know OF its exlstencef He violated the stat.
ute, but he did 1t innocently, without without will
him for that The counsel proceeded to notice the
charge that the respondent rendered his decision
n e matter NJ he ndng s q - ~ IN
an advantage to certain parties He quoted freely
from the evidence to show that the charge was
OF giving information as to how he would decide
so that the bonds could be printed with the Com
render his decision until long after the bonds were
printed, and that
to conform to the time Of the rendering of the de-
csion This fact alone, he c0ntended, showed that
there could have been no conspiracy between the
respondent and certain parties to secure advan-
tage over others. Counsel referred to the charge
concerning the substitution OF Murphy for Dwight
as executor ior Wh,9n IL was sald money consld-
this point and claimed that it was untrustwOrthy
as 1t was contradictory. Counsel turned to the
the Board OF Supervisors and submit to an investi-
CATION OF his official conduct. He said respondent
counsel, who assured him that the Board of Super
visors had no Jurisdiction over him or his office;
that II mad no right to call him to account; that
ton proposed; but respondent informed the Board
that he was willing to allow them to make such
examination and investigation concerning his
Office, which they had right to examine and in
vestieate The respondent declined or refused to
case brought before Judge OF the Supreme Court
and decision had as to whether the Board had
the right and power to make an examination of
the official conduct oil the Judge. But no. the
Board would not do this; that was not what they
wanted. They wanted to get this respondent
ruin 's him. Ths he charged awa WAS 'here the
object in view; there were no charges no spccif-
cations; cations; there were none nor Of those safeguards
brought into court to be tried; these were pur-
poaey avoided so that this respondent, once in
GO INTO FISHING EXAMINATION,
by which they might, through foul means, blacken
his character and ruin him and hls family.
The hour for going into executive session hdCe
arrived, and counsel suspended his remarks.
On motion OF counsel for Justice Curtis attach
ments were issued for witnesses Izadore Zutter
and John O'Brien, who had been subpnnaed, but
failed to appear this morning.
The Senate then went into executive session
with the understanding that the OF Judge
Prndle would be resumed at four O'Clock +. NJ.
Afternoon Session.
The State Senate reasscmbled at four O'Clock
p. 1., when Il. II. Prindle continued his argument,
reviewing the testimony relative to the allowance
OF costs made by the Judge and the services per-
clerk to the Surrogate, was charging, and
aosy and to rnasg his ensa s
Ray was clerk; he was an attorney and coun-
sellor. He advertised himself as an attorney ana
counsellor and had authority to practise such
In the courts. Counsel also referred to the testi
mony Of Humphrey, to the effect that the Judge
and that the Judge directed him to pay Ray. Coun-
sci showed by other testimony that neither the
transaction; that they we're both n'A out out
q Mort town i passn tnas two % young men, named
phrey confounded them with Judge Prndle and
George w. Ray. 1t was a strange mistake for the
witness, Humphrey, to make, and counsel warned
this case as all truthful. He had shown, he SAID,
that much Of it fase--not wllfully so-but it
Only SnOWcu NOW easy IL was LOT u man TO De mis-
taken concerning transaction occurring several
years previously, and this was the position the re-
spondent was placed in here.
CHARGES THE MOST SERIOUS NATURE
were made against him. They were scattered
broadcast over the county; and every man who
had ever had any business at the Surrogates office
was likely to believe that he had been swinded.
These people know nothing about the business:
nothing about the expenses and charges; nothing
about what work was to be done, who
was to do 1t or who was to be paid.
They only know what charges OF dishonesty were
wv OF xvu rrnrn
natural than that they should believe they had
been swndled; and yet In the face of these charges
discharged his duties last Fall this re.
spondent trumphed over all his enemies,
by being reelected by the people OF the county to
his Office Counsel proceeded TO explain the
charges concerning the Bowdish estate, and showed
that 1t was necessary and entirely proper in order
to secure a settlement OF the estate.
The Senate here took q recess I'LL seven O'Clock
r. M.
Evening Session.