The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-27
THE COUNTY CLERKS BOOKS.
Judge Davis Finds 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 Gumbleton. or
rather his counsel. Messrs. W. A. Beach and
L. r. 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 the
records Of the formers Office, renewed yesterday
before Judge Davis IN Supreme Court Chambers
No new tactics were. however, exhibited and the
tilt lacked the piquant personalities Of the
former hearing II 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 the subject
the facts embraced in which have already been given.
WILLING SHOW THEM.
Mr.. Gumbleton's strongest avcrment was that he
fully intended to allow of such examination. pursu
ant to letter he wrote. and would have done so had
not in the meantime application been made for
mandamus compel him do after which. acting
upon the advice Of counsel he threw himself on his
strictly legal rights. and particularly 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
Laughln simply deposes that he is without authority
to do anything. The afidavits of the counsel cor
roborated that of Mr. Gumbleton in respect to giving
him advice to take the course he had.
SUGGESTION FROM THE BENCH.
Following the reading Of the afidavits the re-
spective counsel cleared their throats preliminary
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 duello AMI
now standing on punctilio. and it would be va
it seems to me, to introduce few grains of com,
sense. shall suspend this proceeding for twf
four hours to enable the respondent to do VIII
is perfectly willing to do
while remain Mr. Gumbleton's counse,
Mr.. Beach, II shall not permit him to al
maintain their present attitude toward him.
1T does not require, interrupted Jud
'anybodys leave to do it,"
when will the twenty-four hours ter
asked Mr.. Lord
Il think we had better make i after lung
court good natured.' Naughter.l
THE FINAL ORDER
After some further parleyng it was nn
that order be drawn up at recess. III
and the following is the order as sign
Davis:-
hearing the ailidavits and papers read
the respondent by letter written and
the relator before the noting ana
der to show cause, having declared hin.
allow such examination of the book or b.
the REALTORS desired, and it being allet
declaration is true aud is made in good
allegation is controverted by the re-
further appearing that on asubsequents
the REALTORS tor such examination th
declined to allow theosame the q
pendcncy of this proceeding. and
to the Court that the controve
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 own motion, that the
ent, the County Clerk, has twcnty-fou
the service Of the copy Of this ord
which to allow an inspection OF said
REALTORS, either any OF them,
on their application during office hou 'RN
meantime these proceedings be suspcndes 1| NJ b.
such examination be permitted that the responc
at liberty to show the same in answer to
tition and to any further applicable. tn
and that II such examination be -'H--Gs w
said reator be at liberty to show artf Eefl ~
in answer TO the alleged offer OF tn ea. Gry
Clerk to permit the same to be made, snr 4as sis-
CATION of good faith in the premises ls rs fFgknt
ordered that the further hearing OF n Dtsueoa3uN
stand adjourned until the opening Of ~ reuH ~
Saturday the 2Sth inst, ut haf-past tel Jt hl,
and that copy OF this order be ser Z fotal.ith
on the said respondent personally or IN delivery ~
his attorneys and counsel herein"