The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-07-31
PINCKNEY AND FLANAGAN.
TWO CIVIL JUDGES REQUIRED TO SHOW CAUSE
WHY THEY SHOULD NOT BE REMovED-cohs
pLAINTa AND ANGWERS.


WHY THEY SHOULD NOT BE REMovED-cohs
PLANTS AND ANSWERS
Just before tho sdjournmeas In June Last q the
Supreme Court, General Term orders granted 10
snow why Judge Flanagan, of the Tenth Dis
trct Civil Court, and Judge Pinckney, of seventh
District Civil Court, should removed. The
charge against Judge Flanagan that he
appointed person stenographer and certified on
the monthly piyrolis that lie a slenographer.
although he not and did services. Tho charge
against Judge Pinckney was intoxication on the
bench. These made returnabl yesterday.
Shortly after the opening Of tas court Corporation
Counsel Whitney moved the case OF Judge Flanagan.
He stated that obedience the order of Court ha
had caused a copy or the petition for the JUDGES
removal, with copy OF the order to show cause, to
be served on Judge Flanagan; that he did not know
what answer was 10 be made, and he supposed that
If either in this or Judge Pinckuey's question
OF fact arose the Court instead OF taxing the evil
dence, would probably send tho matter 10 referee
Tor MS opinion.
JUDGE PLAyAGANs CASE.
ExJudge CardoZo said that no appeared Is counsel
for Judge Flanagan, who beside him. He
commenced 10 read the to the charges, when,
after some consultation between tho Judges Judge
Ingalls, said doubtful whether the Court would
have the time TO hear all tho papers road He sdr-
gested that they DO submitted ard they would then
determine whether any further action necessary.
Judge Cardozo SAID that he had hoped that Judge
Flanasap's was clear that he might speedily
be relieved OF the ban under which the show
cause placed him, ana he had trusted that the con.
venienco Of tho Court would allow OF reading the
papers and moving instant dismissal Of the pro.
ceedings; but OF course II the Court preferred di'
fcrent method OF proceeding no and Judge Flanagan
would chceriuy acquiescc.
Judge ingalis-wc would prefer TO take tho papers.
ExJudgc Cardozo-ln handing them TO Your Hon.
ors beg TO BIO permitted to say that the answering pa
pers fully and explicitly meet aud deny the charge
expose the motives and character OF tho ono
n he com n lila nd
Tho papers were then handed up.
JUDGE PiAcKSEY's CASE.
Judge Cardozo he supposed that tho samO
course would be taken IN judge PincSncy's Case.
Judge ingalls, replied yes, alter Judge Car
Fowler U ns appeared X Judge pncsne % added
that Judge Pinckney answer which is sustained by
large number OF a1davts OF lawyers, parties. w.t.
and jurors who have attended his court meets
every allegation against HIM.
JrDGE FLANAGAN's DEFEScg
The affidavits submitted behalf of Judge Flapa-
gan are voluu,nous and explicit their denials OF
order to show why he should not be removed.
FIRST the affidavit OF Judge Flanagan deny ing tha
Ont proceedings were instituted 6y ireland because
he, counsel for Nicholas O'Conne obtained judg.
nient against him In the Marine Court In September,
1872 for Slis To- no part Of which has been paid He
also charges Ireland with attempting to backmaii
nm; JOIN o'Dos makes an'aay,t tnat he has
lieve him under OATH and that his general
reputation Is that OF swind.er and black
| he was stenographer in Judge Flanagan's Court he
| performed all the duties required OF him by law
such senogapher and that he was never required by
Judge Flanagan TO ply 10 him any portion OF his sal
ary The present stenographor. Horace G. Reed, also
denies the allegation that he part OF bis salary
10 Judge Flanagan, and similar denials made W
John Crosson and James G. Coffee. officers Of
tho court by Joseph Miller, the court interpreter,
by John J. Clarke and W. j. Glasson Jr, clerks OF The
| court. The remaining afndavits madc respectively
4. Thompson. john Ii. Robins. Charles Henry
Bsuor ana Stanley Mccoy. state that they would not
oelisve Ireland under oath.
/
In the case oil Judge Pinckney tho aidavlts are OF
| a twofold character, some being connrmatory Of
addavits submitted IN connection with the petition
setting forth his reported noxication on the bench
and others rs polntedly denying such allegation. OF
the former aihdavIts the additional by Pat
rick Anthony and Matthew l.. Harvey. Mr.. Anthony
Is the clerk OF tho court who was removed by Judge
Pinckney, but such removal being declared illegal bJ
the Court OF Appeals was reinstated. Hc states:-
That from January 1877. during the whole period Of
pesedy under the nuenee OF liquor aud upon many oe.
us. M o n s'S :. e those % 20
paper from another writing the adjournmen for
case upon the papers In another.
He states further that alter bearing that proceed
ngs we're about TO be instituted looking to tue
movai of Pinckney, he MADE memoranda OF whas
took place the court "wLcn even the behavior Of
| said Pnckncy was more outrageous than usual'
| he then rcctes his memoranda, specifying various
occasions when Judge Pinckney. as he alleges, was
drunk on the bench, and his frequent absences
count OF intoxication and the Inconvenience thus
arising 10 suitors In the court
Mr.. Harvey tells about tho same story.
| JUDGE PiNcKNEy's ASswgR.
| insSo ue sone scofc VI aus"ermg emuaVlts, com.
| moncing with the affidavit OF Judge Pinckuey. He
says That all his life nc has been less affected
by nervous disorders tEat during the last five
years no has bsep subject ucuraiga;
mat In October, 1876, he took trip Florida Tor
health and that during tho past two years he has
been occasionally couuned his room by
illness and prevented from attending court
although certain parties have charitaby attributed
hts absence TO other reasons. he says that ne has
always since manhood occasionally used wines ami
| liquors, but he has never used them to excess lie
denies that hc was ever intox the bench,
that the business OF the court has been ntercred
with through his use OF liquor Since mis- election as
| judge, no says he has disposed Of over
800 acti0ns, and that addition over l. 900
dsposscss proceed have bccn brought before him.
Ex-Firc Com missioner Roswell d. Hatch, John DoRo.
van. Isaac l.. Sink, David Lovy, Seweil Parker,
Jerome Brady and some twenty other lawyers who
have had cases before him, say that they
him under tho nluolee OF liquor, and all believe
him to Do paDstakibg aud upright Judge.
The Court aitor inspecting tho affidavits, ordered
reference to U. T. Bue Ia Judge Pinckncy,
but deferred tor the present any the case VI
/ Judge FLANAGAN.