New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-12-01
JUDICIAL DIGNITY UPHELD.
rwEED'S COUNSEL PUNISHED FOR CON
TEMPT

JUDGE DAVIS FINES MESsRS. FULLERTON, GRAHAM,
AND ". o. BARTLETT $3.50 RACH-A PIECE OF
SHARP ADVICE TO THE JUNIOR COUNSEL.
The proceedings against Tweed's counsel in
the Court of Oyer and Terminer Saturday assumed
aspect OF the most profound importance and interest
The action ~ MesSrs. Fullerton, Graham, VIM. o. Bart
lett. Ehhu Root Willard Bartlett. aud Vim. ielsten
10 handing up TO Judge Davis. early in the
trial OF Tweed, mysterious paper, which
turned out to be protest against his sit
ting in the case, the ground that former trial he
had expressed opinions prejudeia to the defendant,
and. accordingly. this trial, would be biased and
partial, introduced phase Of criminal jurisprudence
before in the Courts. and very naturally an
attractive question 10 the members OF the bar Inc au
dcnce In the courtroom OF an entirely different
character from that which known on the Tweed and
stokes trials and which usually gathersto see acrimna
convicted 10y jury and debased by asentence OF the law
There were wanting however very noticeable num-
Der OF these sensaoneekers who expected the humia
tion OF public punishment or. at least scathng re-
buke to those who formed the legal retinue OF Tweed
The principal portion OF the spectators were members OF
the bar the Bar Association so that when the Court
opened there presented array Of legal talent very
rarely seen in sing Court On the Bench sat Judge
Davis in whose severely digned face there were no
traces OF the indignant flush and the sparkle OF the
which we're observed when the Objectionable paper
handed ill., Beside tho Judge sat Mr.. Rothwel an En-
gsh baTrister, gentleman or very dgnlhed, renned
countenaDce and a manner judicial as that OF his
companion. Sitting in the little triangular Enclosure
reserved for the counsel for the prosecution
the Hon VIM. NJ. Evarts. the well-known Pres
dent OF the Bar Association The DiStroAttorney, Mr.
Phelps, his assistant Mr. Allen and Henry L. Clinton
his Immediate neighbOrs, while near by appeared
the younger face OF the Earl Of ROseberry and just
beyond the head OF W. stoughtoD. with its profusion
OF shining white bair. Back Of these appeared the
counsel OF Mr. TweedMessrs. Fullerton, Graham, Root.
". o. and Willard Bartlett and William Edelsten With
them sat the brother of ex-Judge Fullerton, 5.
W. Fullerton. In the background leaning against
the Jury box, upon the wlndows and sitting upon the
small table al the Judges left hand were the familiar
faces OF Sheriff Brennan Under Sheriff stevens, aud 9th
er officials declared by rumor 10 have
come TO express purpose OF taking the dsre
spectful Ludlow st Jail after the sentence
should have been pronounced upon them An almost
unnOced spectator also, Porter the eleventh juror
the Stokes case. who before the day closed, was
brought as prominently Tweeds counsel before the
public gaze.
FoT fully ten minutes after the crier had opened the
court there was almost perfect silence the audience
waiting respectfully and anxously for the Judge to
conclude his interview with a portentous looking
statutc-book. which he pOred and seemed to be
carefully celebrating. At last, COMPRISING his lips
with the air OF a man who had made up his mind and
not 20 be swayed from his determination he turned
away from the volume. and looking at the offending
counsel said, in very quiet formal tone: /" Are
the counsel in the Of the People agt. Tweed
ready TO proceeds" Thereupon William Fullerton read
elaborate, careful defense Of toe action OF himself
and his associates the late trial Mr.. Fullerton
In fact the only OF the counsel who took active
part in the proceedings OF Saturday, having been Sc
Iecte 20 DO the necessary talking not only because Of
his seniority. but probably because he is good reader,
and OF those present suggested because he is
polite and deferentia and less ant than his leading
ca'es Messr Graham and Bartlett to permit the
OF irritating tones or expressions, which would only
make q bad matter very much Mr. Graham.
during the reading sat behind the other counsel with
head bowed upon his hand and his eyes cast down
Mr. Bartlett took the matter pleasantly enough seeming
to very little for the position In which he had placed
himself and the junior counsel were also apparently in
different.
DHFENsH.
The paper read to the Court, which contained nearly
50 folos or 5000 words took up Seriom all the facts
connected with the contempt from its inception until
that moment After general disclaimer Of any intent
disrespcct TO either Judge Court 1t insists that the
motives imputed by the Court were unfOunded and such
"a they honorable counsel could not have entertained
They recall that In presenting TINS paper to Judge
Davis they cOntending professionally against
current prejudice against their client They state that
tao protest Was made time ago. submitted when
TIE for its arose aud presented in the
- rnesred mai the JndEe would sit In fact they
another Judge After calling attention to fact that
Mr. Bufrill communicated his withdrawal from the
case to the Judge before he communicated to his asso
nv the judge TO intimidate him or drive him
from the bench. nor they understand how the
Judge could have supposed the paper was for publca
ton when ne nsu neen nio pnSc 'n1 Tnoy t nie
init Chat where their action is consistent with high
motives and strict professional conduct other motives
sbOd not be imputed. They disclaimed intent TO
iInpute any improper motive TO the Judge when they
said that persons who had assumed such a position
would DO disqualified IS uiers. 1t was merely that
under the old law triers were required to
and the Court should not appoint as trler
any Objectionable TO the prisoner. The point
Of their suggestion was whether the Judge IN view OF
this was willing to assume the duty OF the trers was
no TO tnat the statute conferred on me Court
acts of 1872 1879 taken together were unconstitutional
and IL would novelty TO punish counsel for taking
points Of law which the Judge oyerrued and support
ing them by logic which the Court deemed uasound
Jaws of Wisconsin, allowing change Of venue for preu-
dice IN the Judge and referred to the u 3 statutes
allowing transfers the United States Courts in case OF
nreudce OF local influence affecting the State tribunals
The portion Judge Daviss charge 10 the jury III the
exeepted TO- is the following which il quoted as Of par
tcuar Importance, aud which Judge Davis particularly
Nov gentlemen asked charge you 1poo vaou DToOo' .3s
BY as ass,. s, ,s ny ey desire an 70 DO il as briefly IS
caa The m pO2osto is Nat the Questions ise' are ehu' iO
sousb yo1 msy able hope oq are Thai have pat one
opinion ,s an,.o' , spn n Ss Controlling TpoS
YOU Ii you those things just and sth ei no consequence
on the other trial Mr. Field asked Judge Davis, Just
after this, 10 charge " that the jury were 10 md
according 10 the evidence upon their oaths without any
influence from tho Court whatever" Judge Davis
promptly declined to charge that, because the word
" Influence" was improperly used Tue Court would,
of course, have influence on questions Of law.
This cOllOauy between the Judge and Dir. Field was
quoted By MI Fullerton as jusiylng the statement IN
te protest that Justice mad declined TO charge the
nry on the first trial that they not to be influenced
by his opinion" In conclusion. the paper stated that
the counsel had done nothing In view OF these expana-
tions upbeeomug their des counsel or disrespect
fu 10 the Court then brief affidavit was read in
which ali the counsel discalIn any intent 10 commit
contempt
THE JUDGES REMARKS.
rdOe ia gis did not reply to this at once hut waited