The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-27
THE COUNTY CLERKS BOOKS.
Judge Davis Finds a Way to Bring
Them to Light
MR.. GUMBLETON CORNERED.
The Laws Of Duello, Punctilio
and Common Sense.

The somewhat exciting and sharply contested legal
tournament between County Clerk Gumbeton, or
rather his counsel. Messrs. W. A. Beach and
L. Il. Meade and the committee OF five
appointed by the Bar Association having fol
its final determination the question whether
the quintuple representatives OF the latter body
shall have free license to rummage among ths
records of the formers office renewed yesterday
before Judge Davis supreme Court. Chambers
No tactics were. however. exhibited. and tho
tilt lacked the piquant personalities of the
former hearing 1t was. in fact, skirmish
ing the old ground. The most that waa
done the reading of counter afidavits,
beginning with those submitted in behalf OF the
Bar Association Committee These recited the various
attempts made to obtain permission. both from Mr..
Gumbleton and Mr. Mclaughlin. his deputy. to ex.
anime the books, the facts in regard to which have
already been fully published. The afidavits in re-
joinder comprised those Of Mr.. Gumbleton and his
deputy and OF his counsel. introducing in their
various letters that had passed tho subject
the facts embraced in which have already been given.
WILLING
Mr. Gumbleton's strongest avcrment was that hl
fully intended to allow of such examination. pursu-
ant to letter he wrote. and would have done had
not in the meantime application been made for .
mandamus compel him to do So after which, acting
upon the advice of counsel. he threw himself his
strictly legal rights and particularly a. he became
satisfied that the object of the examining committee
was to find something against him as public
official and effect his removal from Office Mr.. Nc
Laughn simply deposes that he is without authority
to do anything. The afhdavts of the counsel
roborated that of Mr. Gumbleon in respect to giving
him advice to take the course he had
SUGGESTION FROM THE BENCH
Following the reading of the afhdavits the re-
spectiye counsel cleared their hroats preliminary TO
a prolonged argument. The intention to further
occupy the time of the Court received. however, .
sudden quetus from Judge Davis:
Gentlemen began the Chief Justice, ''you seem
to have complied with all the laws OF the dueo an
now standing on punctilio and it would be We
it seems to me, to introduce a few grains of COM
sense. shall suspend this proceeding for twes
four hours to enable the respondent to do which
while remain Mr. Gumbleton's counse's Of
Mr.. Beach, Il shall not permit him to al Ap-
committee to examine his books long . re-
maintain their present attitude toward him. r "
1T docs not require, interrupted Jud lioteL
''anybody's leave to do it."
when will the twenty-four hours ter
asked Mr.. Lord
Il think we had better make it after lune--A
row." replied Judge Davis. $50 that all ma
court good natured." uaughter -
THE FINAL ORDER
After some further parleying 1t was nm:
that an order DO drawn up at recess. III
and the following is the order as sign
Davis
ut appearing to the satisfaction Of ~
hearing the akdavits and papers read lts--0
the respondent by letter written and
the rclator before the noting ana serv y
der to show cause, having declared him -
allow such examination of the book or BE-
the REALTORS desired, and it being alleg
declaration is true aud is made in good
allegation is controverted by the re
further appearing that on asubsequenti
the REALTORS tor such examination til
declined to allow the same on the &,
tendency of this proceeding. and
to the Court that the controye
the parties is altogether forma
reasonable and may and Dug
| terminated by allowing such examinat
without delay, it is therefore ordere
| now here. on its motion that the
| ent, the County Clerk, has twcnty-fou ye 49,
| the service Of the copy OF this ord y
which to allow an inspection OF said
REALTORS either any OF them,
on their application during office hou ,ftg1 ~.
meantime these proceedings be suspende u. ~, g
such examination be permitted that the responc -
ut liberty to show the same in answer to
ttion and to any further applicable. th--s
and that If such examination be -f'~-e' ~
said relator be at liberty TO show Arfh safs ~
in answer TO the alleged offer OF tn saiH 4aeF
Clerk to permit the to be made. saa Ast eia-
CATION of good faith in the premises IS p ft4<s
ordered that the further hearing of tn Dtpcand es
stand adjourned until the opening OF he ceArt "a
Saturday, the 2sth inst, at haf-past tel .N
and that copy of this order be a fat.A .ish
the said respondent personally or " delivery ~
mis- attorneys and counsel herein"