The sun., 1878-12-10
RUM ON AND OFF TIE BENCH
BEIIAVIOR THATJUSTTCE PINCKNEY rs
REQUESTED TO ACCOUNT ron.
Ordering Persons 20 Remove their Hats when
they Ind no Hats on Knocking Men Down
In the Drinking Rum In his Court.


Ordering Persons 90 Remove their Hats when
they Ind no Hats on X nockIng Men Down
In the strcets-Drinhina Rum In his Court.
Civil Justice Walter S. Pinckncy's lawyer,
at % o'clock. in tho Corporation Counsels
office. yesterday. asked tho referee to adjourn
the hearing Of testimony on account Of tho Jus
ttcc's absence rs well as on account Of tho abb
sence OF Clerk Of the Court Patrick Anthony.
The lawyer said that he had examined tho
docket of Justice Pinckney's court for 1876.
tho indexes for 1877 there was no docket for
that year. he said. and the docket for 1873. and
he had been unable to lind records OF many Of
tho occurrences concerning which testimony
had been given.
Tho referee ordered that tho hearing should
60 on. Pntrick Bergen testified that he was
ianitor of the court building and that he had
soon Justice Pincknoy drunk very often on the
bench. in tho lobbics. and on the staircascs.
Once Police Justice Otterbourg. who was hold
ing court In the same building threatened 10
bring charges against Bergen for allowing
Justice Pinckney to enter his Justice otter
bourg'sl private room and lio down on tho sofa
Justice Pinckney was drunk Mt the time In the
opinion Of the witness. Once Bergen had seen
him. Just after coming out OF a i1uor store at
Fiity-third street and Third avenue. strike a
man with coal shovel on his shoulder. The
man rolled into the gutter.
Next Mrs. Ellen Phelan. tho janitress. who
lives In tho court building and who is n sister
OF Bergen. was sworn. She is a matronly wo.
mnn OF middle age. She testified that Justice
pnckney often slept in his private room in tho
Court House, sometimes two or three times u
Week and sometimes not for two or three
weeks nt n timr.
Moses Hcilmann. collector for wholesale
butcher. testified that he had seen Justice
pinckney sly or seven times, and most Of these
drunk Once on tho bench. in particular, the
Justice, was so drunk that anybody would have
been able 70 SEQ IT, His eyes were swollen and
inhamed. His face was swollen, and his speech
confused; The witness had had case ad-
He had seen him hardly able to walk up the
steps. Once tho Justice was coming up Third
oycnuc.Yith friend, and overtaking Holman.
slapped him on the back and asked him 10 take
drink Heilmann, seeing that he was drunk.
would not drink with him, but persuaded him
to enter cigar store and have cigar He'll
mann had also seen him in a liquor store very
drunk, He was pulling and hauling persons
Cornelius Farley was appointed City Marshal
In 1872, have seen Justice Pinckney" no
testified. on many occasions grossly intoxi-
nesses fools on account Of the manner in which
they gave thctr testimony. | have seen him
his breastl. McKonna would then go around
In behind tho bench. getting. on his way
r.
He would place Il under the bench beside the
justice a1d retire Pretty soon Justice Pinck-
tho water pitcher in this way pulling over an
imaginary water pitchcrl he would pour some
water ip the glass; Then he would put the glass
he did this the court was nearly concluded for
tho day; After the adiournment went up. and.
% satisfy myself. ! smclled Of the empty glass.
found that Il had contained sautn Cruz rum"
know. James r. Davies. the witness next
testified. He is called dispossess clerk, Once
OF landlords Tor summonsc,' lie refused 10
sign them. saying: :, Take them 10 Davies.
1 told him that the aflldaVits were all made
out and the papers were ready for his sigma
turc. bu, he, replied again; rako them down
So I took them down, to Davies In his little
room Hne t2id him what the Judge Ind said,
got the money for him. ana thon he took
little punch and punched hole in ono corner
and Justice Pinckney signed them.
Do you never make returns to tho Comptrol-
Ter OF the city = the witness had asked Of Da-
The Comptroller be -" was Davics's ro-
81 want to testify" Mr.. Farley said. resum.
ing his seat and reganing his calmness. that
several times Justice Pinekney has sung out to
when nobody in the room had his hat on. And
several times he has sung out, Stop smoking.
when nobody was smoking; and ! want 70 ies;
am a member. James r. Davies and Pinckney
had original papers Of undecided cases before
them on table. / was put out Of the room but
heard Davies say:
4" Judge. dismiss that and Judge. give
judgment for so and So
Pinckney said: Davies that Is not right. >
but Davies said; 1t is right you must give
judgment So
These judgments" the witness added.
nVn,rs We're tGiysp IN court the next morning As
Mr. Farley had not been allowed on his cross
examination TO explain why he had had a dsa-
greemept with Davies. He was now allowed 10
testify that II was because no had refused to
obey Dayies's request to call on Mrs. Davies
once every month and give her 800. lie had
told Davies that he could not do this
Very well " was the reply. I'm clerk here,
and you can't get a paper"
The next witness was Joseph Stcinert n law
yer. lie said he had frequently seen Justice
Pinckney intoxicated His rulings in such
cases were often laughable especially 10 those
who knew that he was a good lawyer.
Mr. Steinert produced n summons and judg-
ment record. that were handed 10 him 10 Keep
as evidence, by Morris Wasel. Jan. :. 1874.
There had boon an alteration in il. Itapparontly
showed tho absurdity OF a summons having
been issued on the 7th day of n month and maze
roturnable on the 18th. while tho Judgment
record was dated the 7th lthc day OF issucl
The witness testified that in the case Of Man
drlbaum against Garcowich tho plaintiff had
given evidence that he had sold and delivered
10 defendant certain goods. but on his cross
examination he had testified that he had sold
and delivered tho goods to the defendant and
another jointly. On this occasion Justice Pinck-
ney said 10 Mr.. MandelbAum; You're n fool.
Why didn't you testify rs you did befote2"