New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-04-10
4 JUDGE ON TILL.

PRELIMINARY EXAMINATION BY GOVERNOR ROBIN
son or The CHARGES AGAINST JUDGE ABI;AM p.
SMITH.
ALBANY, April 9.-The Governor tins morn
Ing gave hearing, at the Executive Chamber to Judge
Abram p. Smith, County Judge Of Cortland County,
Against whom charges have been preferred. The Hon.
H. G. Ballard, Judge Standard, and the Hon s. d.
Halliday appeared for Judge Smith, while b. T. Wright,
txDsrct Attorney Of Cortland Coanty, Irving L. Pal
ner aud Riley Champlain appeared in support Of the
charges The Governor said that he had looked into the
matter somewhat, and had satisfied himself that the
course ordinarily adopted by the Executive upon
the reception VI charges not the true course.
He felt that was the duty Of the Governor, when
judicial officer elected by the people had charges pre-
TERED against him. 70 investigate such charges and sat
by himself TO their weight before deciding 10 send
them to the Senate. The Of officer elected by
The people was different from that OF officer appointed
by the Governor and senate. He did not see how Gov
ernor could conscentiousy send the Senate
incubation that an elective officer snail be removed with
out first investigating the charge.
Mr.. Wright said that those who preferred the
charges had supposed that the same rule would be fol-
lowed in this case as had been in other They
were not now ready 70 go into the case to-day.
The Governor replied that he would be able az this
ne, near the end OF the session OF the Legislature
investigate the charges himself He would necessarily
cree
Mr. Wright then briefly stated the charges upon which
MI Halliday replied, calling attention to the fact that
most Of the acts which the subject of charges had
eeea committed many years ago, and that Judge Smith
had been twice reelected in the meantime lie said
ibe 18th, 18th, goth, 2lst. and 2sth charges
were TO the effect that Judge Smith had re-
FUSED 70 draw certain papers. In reply he
SSegd refer to the Prindle case IN which it
nad been decided that Judge not required by law
70 draw such papers. As TO the charge concerning the
taxing OF Illegal fees IL not verified and should be
IeegAted 20 the courts. The Governor at the cOncu
sion Of Mr. Hadays argument said that lie was
strongly Inclined think the bribery charges ought not
70 be gone INTO. The law provided other and better
modes OF investigating such charges, The present
Feeding was 10 lind out whether Judge smith should be
removed Tor malfeasa IN Otce not for crimes IN OBJ
aulng Office. He also inclined 10 think that charges
passed on acts alleged 10 have been committed
OI Judge smith during former term Of
oce ought not TO be considered After hearing further
argument TIE Governor held subject 70 the brief the
prosecution hereafter 10 he presented:
IWW-luot the charges that the Judge had bribed
Senate. ~
See0d-That the charge that the Judge had received
brbcS sAoud oe made more definite within ten DAYS or
be struck cut entirely; '1 "
TkrG-Ihat he was strongly OF the opinion that re-
mOval should only be asked for mafeasapce in office.
TOiUfhThdt he also strongly OF the OIirnn that
charges should not be gone into in regard TO ae
the commission Of which the Judge had been twice fe
elected.
Tie hearing then adjourned.