The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-11-14

Curious Charge About "See-
ing" a Judge.
APROMPT EXPLANATION DEMANDED
Motion for Arrest Of Judgment in the Case
Of Colonel DeS Anges.
Sentence Suspended Pending the
Decision.

case presenting some unusual features yes
terday before Judge Donohue Supreme Court Cham
hers Aside from giving Insight into the hard
ships sometimes resulting from sales Of property under
mortgage foreclosures and the battedore and shuttle
cock process 50 much vogue the courts in the way
OF obtaining orders and counter orders In suits, the
special feature OF interest an alleged intlmation
that the Judge had been "seenn In the matter
the word 'seen,n however not being in its
broadest sense OF bribery but an allegation that tho
Judge has far solled his judicial ermine allow
himself to be approached and influenced in giving
certain order in the OF course the fair and
sonable presumption Is, that there is "nohng In IT,"
che allegation against Judge Donohue not only being
yet wholly unsupported but, on the contrary, emphati
ically denied by the Judge charged with having made
the alleged derogatory statements The statement Of
the case, given below, is full and explicit explana
Zion of the matter az II stands at present
In foreclosure suit, in which Charles H. Smith Is
the counsel FOR plaintiff and J E. Murray the defend
ant's counsel the former about week ago obtained
from Judge Donohue an order setting aside stay of
proceedings which Mr. Murray had previously OBJ
tanned and on the day the foreclosure sale took
place, and notice of appeal from that order was two
days afterward served by Mr. Murray and, am
davit that the plaintiff had bought in the property at
che foreclosure sale and received title bya Referees
order staying all proceedings by the plaintiff
plaintiff and purchaser No service made of
copy Of the aildayit on which the order was based
motion made yesterday pdrte before Judge Dom
ohue by Mr. Smith for leave to disregard the order for
such nonservice Judge Donohue said that before he
could entertain any such motion Mr. Murray must lrs
be sent for. In short time the latter entered
the court and the matter being explained
10 him, he read affidavit by Bridget Reynolds,
the defendant, stating that he Smith had an
interview with her in which he stated that the Judge
bad been 'sseen, and that by the word 'seenn lie
approached
the Judge IN the matter.
''Mr Smith, want you to make immediate answer
to that affidavit" said Judge Donohue very calmly
81 will, sir /" answered Mr.. Smith promptly "Wu
you srat or shall send it to your
81 viii Wak" replied the Judge
For some time Judge Donohuc remained the
bench, he having previously finished all the business
Smith made his pen fly fast and furious and, having the
good sense 10 keep within the bounds Of brevy had
the affidavit soon finished In IL he denied ever having
used any such language as that the Judge had been
eeen or approached or influenced in any way but
order invalid and should to yacate it,
AMI that as long 1t stood he should respect and
obey IT. He added that he had Difference for the
orders of Judge Donohue, that he regarded him
liberal and careful Judge and that II he had been on
she bench himself he would have acted in the same
manner He then went on to say that he related TO
Mrs. Reynolds conversation between Judge Donohue
and his own brother in which the Judge
said the morning he granted tho order
that II he had known before the sale what he then
knew, he might have acted differently; that he told
Mrs. Reynolds that he sympathized with her IN her
calamity OF having her property sold the fore
closure and that he would give her til the lst Of Jan
uary next refusal Of the property as the amount Of
the judgment and interest
Judge Donohue the afdavits for private perusal
and Digestion and his conclusion in the premises viii
doubtless be speedily made known through some
6pecal order.
THE DIES ANGES SMUGGLING CASE.
The motion tor of judgment in the case OF
Colonel Robert Des Anges, late Deputy Collector of
Customs in this port convicted OF completely with
San parties entering silks below their real valuation
came yesterday for hearing before Judge Benedict
in the United States Circuit Court, criminal term The
counsel for the prisoner submitted the points in sup
port Of his motion asking also for a trial on the
grounds that the Court had erred in admitting evidence
90 entries other than those charged in the Indictment
the same alleged being irrelevant and prejudical TO
the accused He insisted further that the Court erred
In admitting evidence by comparison OF hand
writing papers which and which we're
not In evidence; that an error was made in
admitting evidence the invoices, entries and per-
Ents, which admitted and which were not In re-
laton TO the matter charged In the Indictment; that
the Court erred also in permitting the exhibits re-
latng the charges to be shown the jury for pur
poses OF comparison, done in the summing up
by the United States District Attorney, and that in adj
uniting paper writing alleged have been found upon
Charles l.. Lawrence, 1t not connected with the
case such writing having been shown have been
of the prisoner. The affirmation Of all
these propositions be contended. should have been
shown before the papers could be admitted and further
that there evidence that the United States had
been derauded of any duty, that tho charge TO the
Jury erroneous in that they could not fail TO find
that there conspiracy defraud the government
and In nsructing the jury that Des Agnes by desig
mating the public in these instances aided
the frauds by protecting the other cases from
animation The intent and effect Of these acts were, be
urged be found by the jury and the
structions took the question rom them. The charge
he insisted In nstruotng the jury that
II was not denied that Des Anges designated the
bers Of the public store BY the plea every fact
material TO the support OF the indictment was put in
Issue. Tho defendant not allowed 70 testify and
explain his conduct therefore thing should be
sumed IN bis favor To say that any fact was not de-
MED TO take from the jury the right Of considering
all the evidence bearing that fact The charge, he
further contended, erroneous IN stating In connec
ton with the fact that money paid
to Des Anges that 'such proof ought not TO be
expected The absence OF any proof Of corrupt mo-
lives very essential element IN the consideration
or the question OF intent and the declaration TO the
jury that such proof ought be expected deprves
che prisoner in measure Of the benefits or the pre-
sumption OF innocence and Of reasonable doubt to
hts guilt .
The United States District Attorney in opposition
claimed that the exhibits submitted the Jury were all
admitted as evidence He combated at length All tho
poinsCased by counsel for the prisoner and insisted
that the motion should be denied
Judge Benedict said that he would take the papcrs
md consider the points, meanwhile postponing sen.
lonco
DECISIONS.
crrpprarp corpr--gprrr4r rrp.,