The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-06-24
THE COURTS.
What Met the Gaze of Beverage
Concocter.
RIGHT OF REFEREES TO TAKE A DRINK.
Mr.. August Lackenmyer's Complicated
litigations.
TWO PETERS AND ONE JUDGMENT.

Judge Van Hoesen rendered rather pertinent de-
cison yesterday In the Of Ellen Moore against
Edward Matthews, brought 10 recover $780, RUFUS F.
Andrews was appointed referee in the case and found
In favor OF tho plaintif The defendant did not like
this disposition OF the aud accused Mr. Andrews
with being partial, and on that ground made motion
to vacatc the report Matthew'S says he no:
guided by the evidence but by his friendship for
Charles Moore and his wife Ellen. william LAWYER,
formerly bartender tor the Moores, says in aHi
davi IN support OF tho charge, that the l0lh Of
March last Mr. Andrews and Moore entered Mrs.
Moorcs liquor store and drank three times together
and paying nothing. They lett together. but before
leaving Andrews asked Moore to como mp
to the house fmeaning Mrs. Moore's) stat
ing that he wanted to have talk with
his wife. They went out together accompanied bys
bottle Of whiskey. Mrs. Moore about hour later
son. for dozen OF the best cigars which LAWYER gave
10 the messenger About twelve O'CLOCK that night he
went TO Ms Moores residence to 20 to bed and vas
greeted with sight pleasant 10 behold When be en-
tered the nam room he discovered Mr.. Moore recu-
Ing on tho sofa In beautiful state oil intoxicatton
Mr. Andrews was seated Ut the table, diligently en-
deavoeng TO smoke one oil the best cigars referred to-
Mrs. Moore seated about two feet away and the
table itself was loaded with glasses aud the whisgey
bottle, also referred TO- Mr. Eawler does not state
what hrs impressions we're IN regard 10 this highly en-
chanting scene but Says he heard Mr. Andrews
that ho would make that big loafcr ean Mathews)
pay that $3.50" That Mrs Moore sad all she wanted
yer Andrews SAID he would not take u cent from her
A carrlago was then sent for and Sir. Andrews was
driven home. Mrs. Moore put in an opposing ani davt
denying these statementa Other anidavits made
also denying the allegations in LAWYERS affidavit Mr.
Andrews In affidavit, after recitiuK that he
Mrs. hoors's house In April, ami not IN March. and
that nothing said about the SUIT and that he
not intoxicated adds, ~ pronounce each and every
such allegation Infamous their character only
invented oy attorneys and counsel who to gain tncr
end IN litigation, disregard personal character and
the deccnces and pr0prieties belonging hon.
orabe profession, the character mud standing Of which
they never had and never can appreciate"
In his opinion Judge Van Hoesen says:-"Tho III
feeling against the referee seems have partly
from his decision and partly IRON the statements VI
DO attached such structures upon tho referee take
their rise from his decision are in my opinion,
titled 10 but little consideration Men who endeav0r
to influence the action OF aud by unlawful
prone 10 believe when lhoy beaten that
somo more skiliul manager than themselves
cessuliy employed agents OF corruption 10 compass
the referee that nc was repeatedly spoken TO
tho subject OF the suit by friends Of
tho defendant The call which the reio made upon
the plaintiff ast ten dnys after the report rad
referee 10 oil the parties TO suit made duys not
weeks, after the has passed beyond mis- control
sufficient ground Tor the vacation OF the Judgment
Is argued that Il IS fair infer that thore
proper Intimacy between the referee and the prevail.
Ing party before tho decision was made, II II be
shown that after he had delivered his report
person In whose favor he decided. What
would DO thought OF an application to set aside the
one or more Jurors had drunk win the successful
sutor after they had announced their verdict and been
disshargedY This application Is no more meritorous.
II lhere be error In tho rulings Of tho referee
case has been made out Tor vacating the Judgment
the ground oi official misconduct the part or the
sou certainly unworthy Of bssct there 10 absolutely
nothing 10 support the motion. Motion denied"