New-York tribune., 1874-09-07
TILE COURTS.
EPISODES OF THE MINOR COURTS.

EPISODES OF THE MINOR COURTS
JUSTICE MoRGANs ERRoR-A JUSTICES RIGHT TO
HIS OFFICE QUESTIONED
The inquiry into the alleged irregularity of
the commitment Of Donovan who was fued by Justice
Morgan for dsordery conduct and then committed to
the Tombs in default of 1900 bail, was resumed before
Judge Donohue Supreme Court Chambers, on satur-
day Mr.. Dana OF the Dstrct-Attorney's office In
formed the Court that Justice Morgan had sent
him communication, claiming that the
law did not require record OF the
conviction to be fled with the Clerk OF the
Court OF General Session, aud asked for Judge Dono-
hues reading Of the law. Judge Donohue asked Mt.
Dana II he did not think it necessary to do So and
Mr. Dana said he did Then" said the Judge, don't
very well what protection there can be for the de-
fendant, unless record Ia kept He might be committed
again on old oense. think 1t is careless way
for Judges do their work. and amounts 20 gross neg
Rence, though don't think II was wanton ohense IN
this case" He said he saw way 20 avoid dschargfng
the prisoner though he very unwilling TO release
one who clearly guilty Of breach OF the peace
Donovan discharged owing to this technical error
Justice Morgan is understood TO insist that his course
perfect accordance with the law that the usual
commitment made out and signed and the prisoner
committed to the City Prison and not 10 the worknous
on the Island. He says the whole trouble was caused
by the interference OF D0noyans poiltici Irlena e
dsclas all responsibility DOnOvans transfer ron
the Tonbs. claims that there Is no law which compels
him to record the conviction in book OF record ahu
thinks Judge Donohue doing great deal OF harm
to the respectable people of this city in
these thieves after they have been committed aud tnat
it Is great injury present police Justices and
slur upon those who wish 10 90 their duty.
AT the last election, Justice Flanagan was declared
elected Civil Justice of the Tenth Judicial District
which comprises the annexed portion OF Westchester
County His salary was paid for time by the Controller
but was aterward withheld the ground that the cleo
tiOn irregular. In suit against the ety. Justice
Flanagan successful An action was then brought
the Attorney General to test his right to the ONCE
The complaint In this action set forth that the election
premature aud according to the forms prescrO bed
for Weschester and not NewYOrk County On saturday
u motion made In Supreme Court Chambers, before
Judge DOnohue. TO amend tue complaint by
alleging actual fraud in the election. THIS Il based
mainly upon the affidavit of a man named VdetO who
states that gang OF from NewYOrk voted for JUS
tce Flanagan repeating their votes in every election
district. lie also states that Justice Flanagan was
aware OF their purpose and acts To Judge Donohue
intatOn that this would be introducing two causes OF
in complaint, the counsel for tue motion ar
gued that 1t proper in case brought ny the peO-
pie. Decision was reserved. Justice Flanagan was
present denounced the affidavit, alleging that II
there any repeating" 10 was done Tor the man
whom he had twice beaten at the polls