New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-03-26

hull WAS fled eonformed precisely with,tneloee" VI
trust those werelthe also of the decree inc
tees actually made the sale under the Decree WIN ~
concurrence OF the persons named as masters "ioo
the deed which is among the records, and supn'Vcu "
70 the trustees these duties incidental 70 he sae
the sale was made. and there but one pid oy ,he
Trustees for the bondholders: there was no compeon
whatever now then. in regard TO the matter III manu-
When the trustees first to the city the question: Vi
the fees 20 be paid TO the crer and masters Deoao
pressing there evidence that there was eoo
deal earnesness to get the crying OF the properly
Mt Girardey urged his appointment and went 30 Tar rs
TO put his the advertisements without con
sultation with myself; told tho trustees what ,hnu'
ences were at work this business; that they were
lust as competent to deal with these people as myself
and that they must conduct the negotiation themselves
and that would not have any participation In settling
the expenses; so that had voice In the matter In
any respect whatever; they met In my onice' Gov
Gardner and Mr. Butler. the other trustee and these
two masters; they conversed about these tnings MI
Shannon distinctly recolect stated the feo should be
$40 600 for each master and that the judge said was
little enough" subsequently, in reference to Mr. Pack
ard who was then selected crier Mr. Butler proposed
he should DO allowed 5000; that was Cd
iected to as insufficient; It thought that be
should have from 5000 10 5000, provided the mas
tiers required it, but that 1t should not exceed 5000;
that the agreement at that conversation; suoSe
duentlv it was said that Packard claimed he ought to
have $4,000 and under the Instructions OF Messrs Gard
ner and Butler consented TO it, told them however,
that was prepared to oppose these charges in every
way possibly could, but they instructed me TO move
for their combinations and did So in obedience to their
instructions.
O. what wrong was there in ticking $4,000 long as it
was an open question, and you and your client coud
have employed anybody to cry the property ns well as
Mr. Packardl A. What wrong on the part Of whom
Mr.. Eldrcdge-On the part OF Packard or anybody
elsel \. 1 do not charge them with any wrong and
have made no charge of that kind say that the charges
are most exorbaut and utterly out Of proportion to
any allowance have ever seen before.
O. Was there anything in it that could in any manner
mplicate Judge Durel If what A. The impression
made upon my mind this The fear that operated on
the minds OF those gentlemen that their business
would not pass through the Court unless those allow
ances were made-that there would be delays which
would be fatal to the interests of the company they
wanted ther matters settled at the earliest possible mo-
ment, with view to reorganization, and delay was
overwhelming TO them; that was the apprehension uu-
der which they rested.
O. Aside from what Shannon said that the Judge bad
stated that that was little enough have you any kn0wl-
edge Of any fact that would tend 10 show that Judge
DureI himself had any knowledge OF these transac-
tonsi A. None, Sir; had no intercourse with Judge
Duren whatever about it; have had no Intercourse
with him about any matter, except in open court; the
report -as filed, and under instructions received,
moved its Confirmation.
O. Where is shannon nowi \. lie is commissioner
here, believe
O. lie informed you that Judge Durell said taat $4,000
was none too muchi A. He said that to the commits
sionrrs. not to me; heard him say it,
O. Shannon was the who was introduced into the
order after You presented II for gnaturo A. Yes, Sir
and have been told. though have never seen it, that
the or znal decree in shannons handwriting; It is
not my draft.
The Judges knowledge of the manner of NortOn's
administration IS of course, only indirectly proved
The complaints in regard TO his eXtorionate charges
were general-almost universal, and must neces-
sarily have been brought TO Judge Durells atten-
ton. 1t has been notorious that Norton has rarely
made dividend to creditors ont of the assets of
bankrupt estates that into bis hands. and the
only rational explanation of Judge Durelrs orders in
relation TO opposition to charges is that the com
plants were very frequent.
A summary of the testimony in relation TO Judge
Durrells drunkenness has already been printed in
New Orleans correspondence of IHE TRIBUNE. Ii
was the almostlniversal report of witnesses called
who had opportunities for observation that the
Judge was an habtual drinker and many reputable
persons gave evidence that they had him on the
public streets in restaurants and at public dinners.
much intoxicated. No one could swear that he had
ever seen him drunk upon the bench, but many did
say that he was sometimes stupid and sometimes
yery rude and uncivil TO members Of the bar, and
that he behaved like a man who bad been drunk the
night before
Considerable testimony was taken i'll relation 10
the midnight order issued by Judge Durell for the
seizure of the State-House Both Billings and Beck
with, who were the attorneys i'll the case denied
having moved for this order or having advised or in
any way inspired it, They both said that Judge
Durel sent for them between and 10 o'clock in the
evening aud when they arrived at his rooms he in
formed them that he had concluded TO issue the
order. At the Judges direction Alr Billings sat
down at the table and wrote the order from the
Judges dictatiOn. A clean copy was aftervard
made and signed by the Judge and delivered to
Marshal Packard, who was also present. The Mar
shall also denied having any previous knowledge of
the order or of having advised or inspired
it, He simply gave it to his deputy,
DE Kline, and after applying to Gen. Emory
for troops. went home. Norton and several others
were present at Judge Durell's rooms at the time
the order was made. The Judge moved himself
for the order and then issued it, The original
copy of the order was produced before the Com
mittee and then it discovered that no return
had ever been made upon it by the Marshal, and
that, never having been revoked, il was still as
much in force as il was. Mr.. Packard said that
after several weeks he verbally asked the Judge for
permission 70 the troops, and it verbally
given.
Numerous minor complaints were made against
the Judge. lie was accused of neglectlng to open
the Winter term of the court for month after the
time fixed by law. Last year he should have
returned 10 New-Orleans and opened court on Nov.
l. but did not return until Dec l. thus putting many
persons to great Inconvenience.
wOMANs NERVE FORCE
Mrs. Walter G.. Lyman delivered yesterday