New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-02-24

ARTICLES TO BE BROUGHT AGAINST HIM To-
MoRROw-UIsToRY OF Ills CAsE-DISGRACE-
FtL CONDUCT OF THE ACCUsED-sPEClMENs
or HIS DRUNKEN DECISIONS.
lBY TELEGRAPH 70 THB TRIBUNBI
WASHINGTON, Feb 23.--It is the intention OF
the House Judiciary Committee on Tuesday next OF the
arst day on which floor be obtained for that pur
pose TO present articles of Impeachment against MARX
w. Delahay United states Judge of the District OF Kan
sas Proceedings agansitis officer were begun IN the
uue Of Representatives Feb G. 1872 by the introduc
tion by MI Hoar Of Massachusetts, Of petition from
Eldridge Durham & Co.. and others, merchants of New
York for the Impeachment Of Delahay for corruption
rnalfeasanoe and incompeteney in Office
The petitioners presented their allegations giving
facts dates &C. and their documents referred TO
tbe Judiciary Committee. preliminary examination
seemed 70 warrant a further investigation, and on
March 49, 1872 Mr. Butler presented resolution extend
ing the mowers Of the Committees great number OF
witnesses were examined and during the present session
the testimony privately printed for the use OF the
Committee making 800 pages. Nearly ever witness
called testified TO the shameless intoxicaton OF Deahay
hath on the bench and in his private capacity Of citizen
ship witnesses testified that they had taken him from
the gutter and had frequently seen him so much into4
ated on the public street to he scarcely able TO walk
and that had frequently lbeen taken home III that
condition
AL Williams. the Attorney. General Of Kansas, whose
father at the time OF his death, held the Office now filed
BY Judge Delahay, testified that he had known the
Judge since 1863 the time Of his appointment; that he
was unquestOnably given 10 the use OF intoxicating
liquors to great extent both during the sttngs Of the
court and during the recess that he (witnes has de-
ayed the bringing Of clients into court for several days
An order 10 have them sentenced by sober court.
The witness being pressed TO state circumstances and
occurrences regarding Judge Delahays intoxcaton on
the bench. made the following statements; person
was convicted Of forging Government brands, such as
are used in the Quartermaster's Department for brand
,.nga IL wa al
Valley on the stage route that city and Leaven
worth He had been convicted and was standing up for
sentence The speech OF the Judge was SUBSTANTIALLY 10
this effect: g have known you Mr.. - calling MIN by
name) for number Of years. and feel very sorry ior
you very sorry. could send you TO any penitentary
IN United States could send you to the DISTRICT OF
Columbia shall send you 10 the penitentiary IN H.
hnos reason the Warden in the penitentiary
there old friend OF mine and Will write " MN anu
he will treat you like gentleman"
The instance that occurs 10 me In point OF tihe
was within two years. The gentlemen OF the
COmmttee will probably Tecoect that in the revision OF
the Revenue laws in clause the penalty for one
ofense made the minimum Imprisonment for years
and 81 900 fine. In passing sentence upon some one
OF that oense IL stated that the party had
property that fine could be collected and the
Judge who was intoxicated at the tme fined him 81 O0O
and refused any other penalty, aud after having
done turned round to the crowd and said; q" You
have been long time impeaching old Mark Delaha y.
and now would be good time to do it," That was the
language substantially.
In great number Of instances his charges 10 grand
Jurors petit jurors very facetious He would
ray 70 them II any Of yon have any potatoes to dig
bring them along, and the Court will dig them"
The Mayor OF testified that he had picked
The Judge out cutters in the streets during the past
year and that the officers had prevented him FROM hold
ing court on account Of his ntoxication at the time
The cases Of corruption and malfeasance In ONCE are
clearly proved but thought they are sufficient
his conviction particularly In bankrupt cases
An Interesting PORTION Of the testimony 10 that Of