The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-20

Issuing of restraining order under which parties
ciamng TO be members OF the McEnery Legis-
cnanics Institute Hall A. heard OF that order;
saw liz In print with what was called facsimile
o. o the JUDGES signature. but l Know nothing
Q. How soon after that order was issued did you
ses + 3 .ns pa Isaa
g, Was it published as soon as IL was issued' A.
O. Did you know anything about the preparation
OF that order or hear that It was to be issuedr A.
Nothing; Judge Durell Is not at all communicative
with the clerks or employees OF his once.
These are his roseate recollections OF
JUDGE DURELL's HABITS.
O. What do you know in relation to Judge Du-
rell's habits as TO so6rietyr A. ! became 40
auainted with Judge Durell at the time he was
young attorney at law. thirty years ago; was
then the Marshal OF the city Of New Orieansi
afterwards knew Judge Durell as member OF the
secretary Of the Board; during the war Judge
DurelI was Chairman OF the Bureau OF FINANCE,
te Of
the secretary OF the Board OF Education. Of which
Judge Durel was the presding omcer m is6S !
States Circuit Court, in 1854 Clerk Of the United
states District Court. and held both onices for
Court alone, and during all that time have had
constant intercourse with Judge Durell; have
tIenea. have seen ann at dinner parties, Weddings
aud on various festive occasions, and so help me
God have never seen him once under the innu'
O. Neither on nor on the Bench ? A. Neither on
nor on the Bench.
On the other hand, this is what Mr.. H. N. Ogden
young lawyer and an occasional practitioner In
Judge Durell's Court. has to say OF his
CONDUCT ON THE BENCH.
@. State what you know OF his conduct on the
bench A. will give you an instance and state
case Which occurred red to myself which w throw
generally: cannot say much OF the treatment OF
the rest OF the Bar; had case Tor q man by the
formerly MayOr OF the city OF New orleans and also
Military Governor OF louisiana; the suit was for
about 50 900 filed petition in the case; 1t was
civil suit in the circuit Court. and Mr. Beckwlth
was employed upon the other side he Is the United
on IN 3he me- e% ws a ea 20
issue whether mad cause OF action at all IN the
suit; that Is my present recollection OF the natter
the exception was tried and overruled; some six
months aterward the case was called on It's
merits, and had my Witness Mr.. Seely. In Court;
unless the jury is waived; proposed to waive
the jury; L did not care to try It by jury, the
as IN
Mr.. Beckwith declined to waive che Jury, and the
jury was called; put my witness on the stand,
alleged in my petition. the Judge asked for the
petition IN the case; it was handed to him; he
then interrupted me In the most abrupt manner
by saying ''You have got no case against Elan.
ders - was astOnished; the case had been tried
sS enS o
that proposed TO try the case before the jury,
he W ud permit me +; he said ..You have got no
away hon the jury s,sr ms person Pss been
then said, ..Weii. STR. as q matter Of course,
have no way OF preventing Your Honor from doing
that but this Jury was asked BY Mr.. Beckwith;n /
client and spoke 10 hm as TO what should Do
next. and while / was doing 80 the Judge dis
charged the jury, and said pc would try this case
exception that had been taken IN the case bad been
tried and decided In my lavor; then told my client
case that had Just returned from Washington,
and the Judge was evidently prejudiced against
anots s lawSer he said You caHnos get Ills Els
matter through, l VIII take my chances with
you|, was determined Ia,Ss 70 do the best could
when the Judge was on the bench, to have day
liked to try these Jury exceptions; Beckwith was
time; at last got his ear and presented the bill
OF exceptions, determined II the Court overruled
Court handed the bill of exceptions to MI. Cur
ley, the Assistant District Attorney; day or two
afterwards the case was called IN court, and the
Judge said, just as abruptly as he had done before,
that the case would pc tried by Jury, and he SAID
to the Of1cer OF the Court, "Call that jury" the
ton that asked a witness, the Judge made this
remark from the bench, ana think the jury win
on; / WIN charge the jury that you have got no
case words to that erect; the idea was that he
would charge me out Of the case, although might
jury was hall white and hall blacx; Mr..
Flanders was leading man on the other side for
many years; the case went on. and finally made
my argument to the jury; told them the Judge
was lab ring under mistake as to what was the
condition OF the case; to my astonishment the
snasSns ny
was out, think. about twenty minutes, when
they brought in verdict in my favor for the whole
amount claimed Mr.. Beckwith made motion IN
suspense Of judgment, and the Judge asked for
briefs in the case; filed brief, and the thing
held unit the summer vacation or the Court, and
IL has not been decided yet.
Q. Was the Judge sober at the time OF the trials
A: always thought ne was vas soSer but rom the
1t led me TO believe that there was some mental
alteration OF the mind; do not think he was
drunk.
DURELLs DRUNKENNESS ON THE BENCH
this is the very funny testimony Of Mr.. Loew, the
Deputy Clerk Of the Court, who knows as little.
apparently, as the Clerk himself. The time was
the occasion OF Judge Dureh's difficulty with Judge
Campbell
Q. DO you remember any dtt1cuty or contro-
versy between Judge Durell and Judge Campbell,
A. There was something Of that sort.
Q. 10 you remember what Judge Durell said to
Judge Campbei2 A: do not remember.
Q: Was not the Judge tight that afternoons A.
Q. Was he not intoxicated A. No. sir; he was
little excited.
Q. Excited with what, A. He was excited; his
face was red.
O. Was 1t your opinion that he had been drink
mgr A. 1t was my 0plnLon that ne had drank
little more than usual.
JUDGE CAMPBzLL's STATEMENT.
This is Judge John A. Campbell's statement OF
what occurred on that occasiOn:--
The case was one OF an assignee In bankruptcy
named Mansfield against MIR. Sostbene Allaine;
the character OF the case was this Mansfield as q
ankrupt made claim OF an interest In the planta-
ton Of Aiiaine under some contract with Ailatne;
this did not appear At all IN Mansneld's bankrupt
schedules; Niue. Allaine had recovered judg.
ment IN one Of the state courts for a separation
between her and her husband, and the property
belonging 10 her At the time OF the marriage was
decreed to her at the time OF separation; the
Sheriff had taken the plantation OF Mr.. Aaine