The New York herald., 1872-05-24
THE QUESTION OF JURISDICTION.
Tremain and the ChenangO County
Justice Antagonistic.
ANSWERS OF T'EE ACCUSED.
Side Thrusts at the "Reform"
City Fathers.
The Causes Adjourned to the
18th of June.
ALBANY, May 90, 1872.


ALBANY. May 23 1872.
The Senate was called to order at ten A. NJ
Mr.. Murphy, from the Committee ON Rules, sub
mitted report, which was on his motion, laid on
the table.
THE CHARGES AGAINST JUDGE PRINDLE.
The Chair announced that the first business In
order was the argument on the demurrer put in by
the respondent, Horace G. Prinde, County Judge
and Surrogate Of Chenango county. The charges
against the respondent y-four in number
and recite the years of 1867, 1S6S 1869, 1870 and
1871. He, as County Judge and Surrogate, drew
the papers Of all descriptions, knowing
that the were to be used by and before him
rs such County Judge and Surrogate, and know
lngly, corrupty and unawfully demanded received
and extorted fees varying from two dollars to sixty
dollars for his personal services in drawing such
papers, also that, during the years named, he re-
fused to perform the duties Of his Office referring
applicants to one George Ray to have their papers
drawn.
THE DEMURRER PUT IN.
The demurrer contains two eXceptlons--1rst to
the fourth CHARGE that he refused to perform the
duties Of his office, that 1t is insufficient in not being
specific. Second to all of the ifty-four charges
except the fourth, as not imputing to him any
misconduct during his present term of ofllce and
Henry r. Mygatt, of the counsel for Judge Prindle
addressed the Senate in support Of the demurrer
reviewing review the charges and claiming that as these
reelection ana p'evos nsw 'es ea1h o. Of ONCE once
length as to the power Of the Senate in such trials
citing large number of authorities and cases
where the alleged offences were committed during
previous term of olce, and which were set aside.
FIREMAN. CoMBATs THE NONJURISDICTIoN THEORY.
:. Lyman Tremain, on behalf OF the prosecution,
n fn thnf fnn,Dp ptona aoft
question raised-the question OF jurisdiction. He
was surprised that the respondent should come in
open to him. These charges were indictable. He
could have stood trial, OF he could have here,
throwing open all avenues for investigation if he
cOnsldered his action as pure as 1t should be. He
asked the Senate II 1t was ready to strike down the
great and salutary power placed in their hands by
the constitution Here was an Official induging in
practices SO frequently that they had become
common action and what were they? There are
.. :, lrE, FIFTY PoUE CHARGES AGAINST HIM,
Qf fext9rting from the widow and the orphan, the
decrepit and the demented, moneys without autho-
bhty hHy q Of. law And must the provision made
oil such conduct be set aside2 The
counsel proceeded in this strain at much len 9Th
vening the Senate, not wholly as Senate Court,
but as Senate with powers like court. He said
the senate's Office was not so much to punish Of
fences as to prevent their recurrence. He argued
at much length in favor Of overruling the demurrer.
Recess till four 2. NJ
Afternoon Session.
JUDGE MCUNN's CASE REPoRTED
The Senate reassembled at four p. NJ.
Senator ]. Wood from the judiciary Committee,
to whom was referred the case of Judge McCunn,
reported that he had been attended by the Judge in
person and by his counsel, and that the charges
were served upon him, and that he served and
elects to be tried before the Senate instead Of the
committee.
The report was agreed to-.
REPLY THE ACCUSED.
Judge McCunn has sent to the Senate an answer
In the matter of the charges against him, in which
he says that he reserves the right to object by mo-
tion or otherwise to any or all proceedings based
upon the charges; that he was elected Justice of
the Superior Court in 1869 take Office in 1870 that
he has taken the oath required of him such JUS
tice; that he entered upon the duties of his Office
and still discharges them; that While he does
not admit any of the charges he insists that in
they are shown to have occurred or to have been
committed by him they Will be shown to have oc-
ate therefore, has no Jurisdiction to try him upon
the charges and he further AYERS that the matters
alleged IN the charges 40 not constitute an offence
the constitution; and further, the respondent de-
MES each and every allegation in the charges.
CONTINUATION OF THE PRiNDLE ARGUMENT.
Mr.. Tremain then resumed his argument in op-
position to the demurrer put in by Judge Prindle,
and spoke an hour and half.
THE JUDGES Defence.
Judge Prinde then addressed the Senate In his
own defence, and protested against the appeals to
the passion OF the Senate made by counsel. II the
County Judge OF Chenango county was guilty of
corrupt conduct, he was here to stand the test of
rer, it was simple question for the
Senate to answer, whether it will go,
back on the decision OF the people, which was given
at the last election, and take up the charges and
pass upon them. This was all there was OF It,
These charges had been passed upon by the people
once, but If the Senate was determiped to remove
him from Office IT had the power to do so. He did
not doubt the power. The constitution unques-
tionably conferred this power but 1t conferred
1t with the expectation that 1t would be judi
ciously used He then discussed the point
whether the Senate could go back to former terms
insisting that the precedents showed that they
could not. lie said that 1t must have occurred to
the Senate that it little curious that for nine
years this corruption, this extortion has prevailed
In this office OF County Judge OF Chenango county,
and yet the people do not know anything of "
until new election Is to be had when these frauds
Sna Ie m e m
the fruitess efforts made in his county to obtain an
Indictment from the Grand Jury and also the utter
failure before the people in the election.
Mr.. Treman rose to point OF order, and ques-
toned the proprety of aIuding to the action OF the
Grand Jury, unless the other side be permitted to
show whose Grand Jury this was
Judge Prindle said he was only replying TO what
counsel said about these offences being ndctable
The President said Judge Prindle might proceed
In order: but intmated that 1t was not in order to
refer to an action Of Grand Jury.
Judge Prnde-yery wei have IN dae right then
for counsel has referred to their action. lie then
detailed their proceedings and the part he per-
formed before that Board to show that he had done
al that could be required OF him. lie also criticized
the charges, claiming that he was justified by law
IN acting as he had done untll again
called to order, when he said he had no
uisposition to speak out OF order, but as
counsel for the prosecution had referred to the
charges, he thought he had the right to show that
they were falacious. After continuing few mo-
ments longer he submitted the question to the
Senate.
On motion Of Mr.. Lewis the Senate went into
secret session.
During the consultation 1t was agreed to adjourn
till the 18th OF June, at four r. NJ leaving the aues
ton on the demurrer unsettled.
The of Judge McCunn Is also postnoned tin
that time.