The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-27
CONTEMPT OF COURT.
Case OF Cacoethes Scribcndi-A Lawyer
Writes to Judge and is Suspended
Thirty Days from Practice i'm Com

Case OF Cacoethes Scribcndi-A Lawyer
Writes to Judge and is Suspended
Thirty Days from Practice i'm Com
sequence. u..EE
John Flanders, the lawyer charged with sending
an insulting letter to Judge Ingraham, OF the
Supreme Court, in reference to case pending in
the General Term ofthat Court, the facts Of which
were published in yesterdays HERALD, has found
the result OF his caooetes sc,bedt far serious
than he probably apprehended. In response to
the order to show cause why he should not be
punished for contempt OF Court there was yester-
day brief argument in the matter before
the three Justices sitting at General
Term-Judges Ingraham, Fancher and DAVIS,
Mr.. Ormby, counsel for Mr.. Flanders, read an
AFFIDAVIT OF the latter in extenuaion of his conduct
1t set forth that on several occasions when he
was ready to argue his cause at General Term
Judge Ingraham, at the request of the opposing
counsel put 1t over; that at other times, when the
cause should have been called up for argument
according to adjournment, 1t was not on the calen-
dar at all; that upon his inquiring OF Mr.. Clarke,
the Clerk, why this was So the latter told him that
it was left of by order of Judge Ingraham, and
that, in consequence OF feeling aggrieved at such
disposition OF his cause, he wrote the letter COM
planned Of to Judge Ingraham but without any in
tention OF commit ting any contempt OF Court.
Mr. Daniel w. Clarke, the Clerk referred to, was
called upon to make his sworn statement in the
matter. lie testified that he never left the case of
the calendar by order OF Judge Ingraham. and de-
MED that he had ever made any sucn statement to
Mr. Flanders; all he did say was that other causes
having O precedence were ordered by the presid-
ing Justice to be placed at the head Of the day
calendar; he added that on inspection OF the
calendar 1t appeared that the cause in question
had been placed on the same for argument every
day on which Mr.. Flanders claimed it had been
lett Off by order Of Judge Ingraham; he denied
emphaticay that Judge Ingraham had ever
ordered the case to be left off the calendar.
Judge Davis said that the presiding Justice had
expressed an unwillingness to exercise any harsh
ness upon Mr., Flanders in this matter AS for him.
self and the other members Of the Court, they all
felt that gross Insult had been offered to the
Court through the person OF It's presiding Judge
the accused had fallen into error in reference TO
the disposition OF his case on the calendar, this
could easily have been set right by max
ing the proper inquiries either OF the Clerk or
the presiding Judge Instead, however, OF taking
5 this course he writes q letter to the presiding
Judge containing charge utterly unfounded. The
Court felt 10 duty due to its dignity to rebuke
such practice on the part Of counsel and 1t was
therefore ordered that the offending party be sus-
pended for thirty DAYS from practice In this Court
pension quietly rose In his seat and requested per-
mission to apologize to the Court which was
granted. He said he wrote the letter while labor.
ing under an error 1t appears, and on the spur OF
the moment. All he could say was, that n0twith-
standing the strong expressions contained In II
no insult to the Court was contemplated on his
Judge Davis manifestly aid not desire to hear
iui her from Mr.. Flanders Ioi he here interrupted
MN I'D ordered the regular business Of the Court
70 De rerumed.
In Community with the judgment Of the Court
Clerk. -