The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-07-22
Henry r. selden,

nsr. Henry r. selden, samuel 1
e SeSSD s GsNV %.m 6oss% rS:4 anss
pertaining to tne law and the courts. WIN be
They were questione ed upon three polnis--tne
O'ConoT letter as matter Of propnety; the mort
Judge DAVIS cumulative sentences; and the char.
Acter OF The Court. The URt0Ts's representative
reports as iolio"s Si -. o,vn,,n.
Judge Gardiner said he was surprised and sorry
TO see such letter emanate from Mr. O'Conor,
and that that gentleman would yet regret IL NOR
than any OF the eminent jurlsts assailed by it, In
deed, such letter would justify, II it did not de-
mana, citation Tor contempt. AS To the law OF the
case, the Court was clearly right, and II he had
required any argument TO be convinced OF the
fact, MIR. OConOr nl self furnished il in his brief
referred TO. Judge Gardiner has known Judge
Allen, who delivered the opinion In the cumula-
1--WE sentence case, Intimately for Iotty years and
more pure, conscientious and upright Jurlst
does not live. Chief Judge Churck he had also
known for greater length OF time than the other
dred opinion OF MIN. rue present Court OF APP
peals ne considers tribunal or tne highest char
MT inlallible, ana might in judgment; but It's
honesty Of purpose cannot DC successfully ques'
JUDGE HENRY R. sELDEN.
Judge II. r. Seldcn was loath TO speak and be
publicly quoted on sucn an unpleasant subject
The la OF the case he had not looked into closely
and therefore would lot express an opinion upon
IT, But as 10 the character OF the Court OF APP
peals, he would freely declare his fullest indorse-
ment oft. lie regards the Court as unsurpassed
in an the attributes OF it's appellate ONCE by any
other court IN tAis country and as not second in
any respect to the Supreme Court Of The United
States, but raj her ranking 1t.
JUDGE SAMUEL l.. sELDEN
Judge g. l., Seden desired TO be retIcent on The
points OF propriety ana law His regard for Mr..
O'Oonor, whose letter had given rise 10 the heated
controversy, and Tor the members OF the Court,
was sucn that he could not permit himself TO de-
eide between them. He would freely saw how
ever, that he held the Court OF Appeals to be en-
tilted to the highest respect and fullest CONF.
dence OF Bar ana people as tribunal OF last re.
sort.
MN. DANFoRTH.
Mr.. Danlorth regarded Mr.. O'Conor's letter as
IN very bad taste and gross preach OF proprie ty.
Appeals concerned to his own Judgment ana, he
believed he could say with confidence to the
Judgment OF the members Of the Bar. The Court
OF Appeals, with Chief Judge Church at its head,
mas never had superior in this or any other
state, 1t WAS to be trusted, honored and sus-
tanned.
Mt Cochrane was surprised to see such letter
proceed rom man OF Mr.. OConor's years and
experience. Its improperly was beyond ques.
tlon The decision reversing the ruling and ac-
ton OF Judge Davis IN sentencing Tweed to many
penalties under one Indictment and trial was IN
accordance with his own views and with the
views OF the Bar at the time sentence was passed.
IL was confidently expected and had 10 been the
other way the disappointment ana surprise would
have been general IN legal circles. AS to tho
assault made upon it. No better Court mas ever
existed IN the State. nor one which, Individually
and collectively, has enjoyed to a greater degree
the people.
Mr.. CoGswELL
Mr.. Co2swell was shocked at the appearance of
the wholly unJustidable letter OF Mr.. O'COnor.
That letter was the appeal or counsel from de-
cislon OF the appellate court and correct de-
cislon, TO the mob 1t was against all propriety
and without reason. Tie Court had declared the
law under criminal conviction as 1t is ana ought
to be, and the law Is as thus declared without ref
erence TO the merits OF the offender the offence.
But courts are lailioe tribunals, and II the Court
OF Appeals had, in It's best and honestest juag-
ment, decided the other Way-deeided wrongly
ls decision would still be entitled to respect.
There musr be a final tribunal 70 The dec ees OF
when all must bow ia SUBMISSION and he is no
friend OF good government who INDUCES ia or
counsels disrespect Tor the judiciary. Our gov
ernnent IS composed OF three departments
the Executive, the Legislative ana the JUL
cla IL Is unnecessary TO repeat what Is con-
cededly said. with more or less truth as to the
two lormer; out destroy confidence In ana break
law, and what becomes OF the peoples rights aud
interests ? The present Court Of Appeals enjoys,
and most wortnily enjoys, the respect ana con a.
uence OF the legal procession, ana that confidence
cannot be shaken by attacks upon 1t at the hands
OF any man or set OF men.
Sucn are the Vows OF six OF the most diStin-
guished lawyers OF this State-three OF Wnom,
Gardiner, H. r. and 5. l., Seden, nave themselves
1lled seats upon the Bench OF theCourt OF D.
peals, and the other three of whom, Danfortn
Lochrane and Cogswell, are eminently fitted for
such position. 1t would be supernuous Tor us TO
add anything 10 them. They not only represent
the Judgment OF their professional brethren here
but throughout the state also.