New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-10-25

A JUDICIARY NDID1TE.
A CHAPTER FROM THE HISTORY OF JAMES
NONON

RFpREsFNrAroNs N RELATION TO SECURITY
A MORE THAN DOUBTFUL RECORD.
lrRoM A STAFF CORRESPONDENT OF THE TRBUNEl
SYRACUSE, Oct. 23.-The importance of the
utmost care in filling responsible positions In the Judi
cary Of the state be oyerestimated. III there Is
one class Of public officials which than another
ought TO he above rcprOach it should be that class TO
whom Entrusted the administration of justice; and the
only way in which public confidence III and respect Tor
the courts can be preserved is by the defeat At the polls
of every candidate for judicial honors who besides being
lawyer acknowledged ability is not also man OF the
higest personal integrity Such an opportunity to rcpi
date ;nc nomination of man who il apparently unit to
occupy seat the Supreme Bench of the state is now
Offered TO the Of the Fifth Judicial District
James Noxon of this city, who has been nominated Ivy
the Republicans, may be and doubt Is better man Ter
the position than of his rivals before the CoDNcn
ton his legislative record far rs hnow, Is CLEAN
which is more than be said Of some others whose
names were prominently mentioned at the time he was
placed upon Republican ticket and yet If half have
heard about him arrived in Syracuse il true, his
election would be disgrace TO the district In order
that may do Mr. No1on injustice, shall pass over
number Of transactions in which Mr. Noxons treatment
of clients was, the least not honorable, though 1t
may have been legal and conne myself TO single ease
the history OF which have learned chiefly from The
! records OF the Supreme Court In this city,
When Mr.. NoxOn represented this district III the s'a'e
Senate he formed tine acquaintance The Hon. Richard
D. Davis OF Waterford, also Senator. Who was very
prominent politician in Barnburner" days, and was
well known throughout the state as Dick Davis" Mr.
Davis that time subsequently became executor
or trustee for the estate OF Samuel Oakley Of New
York City, and having confidence IN Mr. NoX0ns
integrity ana business capacity inrustcd To him $4,000
belonging TO the Oakley estate for investment III TINS
county According 10 his own testimony, Mr.. NoAon
did invest this money and some time prior june 1867
collected it, currently reported here that when he
converted these mortgages into money again he gave no
notice Of this fact to his principals but used the money
himself and forwarded the interest eular leaving the
Of the estate 10 suppose that 1t was still Sc
cured by the mortgages which first purchased with
it, This however does NOT appear upon the records, as
Noxons dealings with the Oakley estate prior oJune 90
1867 had no bearing the which have examined.
In May or June, 1867, Mr. Charles W. Swift Of Pougl-
kcepse, acting counsel for Mraavs' came tosyracse
TO effect settlement with Noxon and as the latter was
unable produce the money he offered instead mort
CAGES ON property which he claimed To in this city
and county. Among this property was thirty acres ~
land in Onondaga Counts Before Mr. Swift arrived in
Syracuse Mr. Noxon made ont statement purportng TO
show how matters stood between him ana the estate ana
how he proposed settle. This statement, which was
in his own handwriting and is still in existence repre-
sened that he the owner OF the thirty acres OF
land in question; that the only ncumbrsInce upon
il was mortgage mortgages amounting to
about 5000, and that when this small sum was
pa the mortgage proposed to give the Oakley would
be FIRST lien upon the land. This prepared FOR Mr.
Swifts information. During Mfr. swifts stay here he
prepared signed and delivered to Mr. Swift, To show To
Mr Davis the heirs Of the Oakley estate statement
similar to the already described, and in this the asser
tjon Wac repeated that the only lien the property
which would have precedence of the mortgage he gave
was the one for 900 He also gave M Swift writ
ten memorandum setting forth that he had taken con
veyance Of the property in 1854
These three papers. the two statements and the memo
in har Mr. SKl in
city, in the Winter of 1s7273, and doubtless still in
existence Al the time they were produced Mr. swift
testified in regard TO them rs follows:
The first statement was made out by him (Nlr Noxon)
before came 10 ~ Tacuse. III Jane 1867 he having
dra Of how these matters stood The second stdeuent
signed by him, made ont, drawn ny nm, ana signed
by n for the express purpose Of showing to the parties
Or fine faith of these statements in writing and the
REPRESENTATIONS made by Mr. Noxon, Mr.. swift pied,
June 90 1867 for those lie represented, mortgage
the thirty acres of land ms security for the sum OF
500 Cos 81 then due from N0xon TO the Oakley estate
The mortgage made to Mary and Sarah Oakley, and
not 10 the executors trustee in order to facilitate the
division 81 the estate among the members OF the family.
In 1871 Noxon became bankrupt and subsequently
Mr. Belle Coves the wife of Mr.. NOxOns present law
mariner brought a suit against Mary oakley, sarah Oak
icy, the mortgages of the property IN question: and
others including James NOxon establish her vendors
lien for the purchasemoncy for this thirty Of land
a against the mortgage winch NOAOn had gwen A
month or two after this action begun notice
served upon the Misses Oakley, and this the first mo-
tce they had that did hold fee simple OF the
property when the tried il appeared from the
sworn testimony of NOYon himself and Of others
that he purchased the land In question from Mrs.
Oakley May TO- 1867 labout Ave weeks before he gave
the mortgage To the Misses Oakley, and not in
1864, as he stated IN tie memorandum he gave MI
swift); that the consideration 10 have been S15 900
cash and the assumption Of mortgages amounting 10
80 600 that the time he gave the mortgage TO the
Misses Oakley he had neither paid dollar OF the pur
chase money taken up any part OF the $1,000 mort
gTges so that the property instead OF eng unincum
bsred except by morgage Of 5000, as No1on repre-
sented in MS written statements Mr. swift. aetu
ally mOrtgaged for $1,000, and there besides an
equitable lien upon IL for the purchase money amount
ing 10 1000 which the Supreme Court, Mr. Justice
lie Roy Morgan presiding, held had priority over the
mortgage which NOxon gave. The result was that the
mortgage given by Mr. Noxon to the trust fund
OF s226Os IS TO the Misses Oakley turned out to be
worth less than the paper which it written this
No1on knew the time he gave it, and be had in the
| d dollar.
The following is Mr.. NoXons version Of the trans
action US given HE testimony in the suit 10 which
have referred:
| O. Row. Sir, will you give a little history Of this
Dortgagci A. This mortgage was given by me TO the
Misses Oakley for debt that owed them
| q What that debit A. IL was debt arising out
OF mortgages where had loaned some money Tor
them; the mortgage something over S2O,OOO-oyer
| $4,000
O What was the consideration L. The consideration