The New York herald., 1878-01-16
Law NADE luDICROlJS.
The Results of Temperance Efforts
on Staten Island.
TOTTENVILLE COURT.
Charges and Counter-Charges Of
Conspiracy.


legal acumen that would put Dogbcrry to tho blush.
The story OF single series Of these battles was in
creased yesterday by chapter worthy OF record. TO
understand IL rehearsal OF former chapters is
sary, and this supplied TO HERALD reporter by
Lawyer Mundy counsel Tor the Alliance, as the two
journeyed to Staten Island together yesterday.
"ln May last" said Lawyer Mundy "a suit was
brought under the Civil Damage act by Caroline
Peterson against Charles T. Walker, a liquor dealer,
oETottonvilie to damages Tor hor husbands
'ime and money lost in gambling and drinking In
Walkers place l was Mrs Peterson's counsel and
We won the case Indeed the jury asked whether
they could not give moro than we asked for.
Walker was enraged and applied TO Judge Thomas
Barrett for tor the arrest of the
Rev. Hiram d. Opdyke. OF Tottenvillc, and
OF myself, alleging that we had conspired unlaw-
fully to bring the original suit wthoat authority from
her. II is hardly necessary 10 say how went as it
was before Judge Garrett. he Is the man who was
indicted several times Tor malfeasance III Office and
tor misappropratna pubic funds When he Police
Justice. He pleaded guilty TO one charge and was
fined $50 by Judge Barnard, who said that ho made
the punishment light because Garrett would be DIS
qualified from holding tho Office OF Police Justice
afterward. Then Garrett had the Office abolished
IN Richmond county and got hMnself elected Justice
OF the Peace with the powers. And last Novem-
sits in the Court of oyer and Termner beside Judge
Barnard, who huca him, and his vote counts exactly
Ihe same as Judge Barnard's."
"But about this case ~ said the reporter after Mr..
Nundy had retailed many stories commonly told about
Judge Garrett.
SWELL he held US to bail There was considerable
trouble in the court rooAa and some pretty rough
talk; but Pm used to that from The liquor down
here. OF course VIC furnished bail enough. Then we
applied for writ of certiorari, had Judge Gar
rctts decision reversed. Judge Barnard said 1t
an outrage to have hold to BAIL Now, have got
man to make an affidavit Information and belief
before Judge Wood Of TottenvilIe, alleging that there
conspiracy the part Of Walker and his
sci, Colder, to have US arrested. Under this
subpoena anybody earth TO testify to what thoy
know OF such conspiracy"
LEGAL CIRCUS.
The little court Of Judge Wood In Totem
vile is In the OF his grocery store, and glass
door Is between them. The proceedings OF the court
were delayed long enough to allow the reporter to re-
gale himself With piece Of cheese and a cracker,
which the judge kindly spread with butter and
charged five cents for, and then court was opened
Some thirty mon were IN the ti1y court room, and
Judge Wood rapidly wrote down the testimony That
was taken at little desk IN the corner which he sat
affidavit OF AonZo W. Jolinc. which saIu that he
(Jone) was informed ana believed that conspiracy
had been entered Into such us has been described,
and then Lawyer Mundy began tho list of witnesses
which Nr. Joline believed knew Of tho matter by
calling the name Of Constable Robert Goggiu.
Mr.. Goggin testified that he knew nothing Of the
cxceptiLg that he mad arrested Messrs Opdyke
and Mundy on o warrant given him by Judge Garrett.
He had had no conversation with any one that bore
on tho question OF conspiracy He had expected 10
be paid by Mr. Walker tor serving certain suDp1nas in
the case but had been disappointed.
'He refused to pay me, just us you did MIR. Mundy,
In tho other case" and the witness and tho audience
Uttered
asked MI Mundy.
''oh, yes" said Mr. Goggn tiny fees the first
thing looked into ana again tho audience laughed
while Judge Wood wrote on impertur rbably.
ID. N. Dundos, the stenographer at the examination
Of Messrs 0pdyke and Mundy, testified hat he had
heard great deal OF talk about the case but nothing
that was evidence
'Didn't you tell me-" said Mr. Muudy, ".hat Dis.
trict Attorney Croak mad had consultation with
Juage Garrett and had advised him to hold US to bail 2"
81 never did," said Mr. Dundon. and Mr. Mundy's
s.Bul dld hear that they had consultation, said
"Ahal" said Lawyer Mundy, rriumphantly, ..and
what did The District Attorney say?" (Mr. Mundy
thinks that the District Attorney Is one OF the
spiralors)
tho Witness and tho crowd laughed at Mr. Mundy
again
was the next question.
''What did he say about me ?"
'He said you were u fanatic" (Laughter.)
'Ah!" sad Mr. Mundy, drily, ..Lhere are o good
many who think So"
JUDGE GARRETT RELATES
Judge Garrett was next sworn. lie Is n well pre-.
served man, nearly SIXTY years old with mott led lace
and dark gray beard. He testified TO the application
Tor warrant Tor the vi Opdyko and Mundy and
ils issue
DID Walker say that he was going to get even with
tho Temperance Alliance?" asked Mr.. Mundy
"Ihut was about whit he said. He said something
about giving them all the law they IL 1t cost
nun h M ns % n1uso ana oa he seemed see v.ndciive said
and talked OF loads Of dollars. There was nothing
personal said"
''Did you talk with him his counsel afterward p?
was the next question.
,Yes. HIS eoanso, Hornfager said he was going to
Withdraw from the case, +" SAID Judge Garrett
''"as 2, sad MIR. Mundy, eagerly.
"Because Walker wouldn't put up" said the wit.
ness
"Haw.hawl" said the crowd, loudly
''ge quietl be quet!' SAID Judge Wood, looking up
for tile irst time 'You cun draw your faces but you
In reply 10 many more questions the witness said
''rl he thought he had talked with some reporters,
ateIy alter the hearing He did not remember saying
that no 'didnt care what the testimony was he was
going TO hold the prisoners 10 ball." but to would
swear that he did say Neither would he swear
thai ho had not told anybody, that he had told
Six persons that he had held tho prisoners bail to
pwse the liquor dealers OF Staten Island
"Do you tbink was guty>of the charge on which
you held mo to bail?' asked Mr. Mundy.
"lf had not thought so l wouldn't havo held your
''Do you think SO now 2"
''Weli, that's crowdng the mourncrs.n
.'Did you ever say you were sick of the damned
IL don't remember.n
THE BRILLIANT wixDur.
MI Mundy then began series OF general questions,
when suddenly whistle was heard and Juoge Wood
looked up with smile. you may as we'll make It a
little longer now" ho SAID; "thcre goes your train
you can't get away ill six O'clock now.o
Judge Garrett testified further-s.Didnt know any
more about Colder IN this case than that barrel.1
''DidL't you Know tho ptle proiane gentomanS"
asked Mr. Mundy.
"0h, yesl" said Judge Garrett "There was good
deal Of profanity about the court them days.
he m ihcrp sad
Judge Wood, pointing awfully at u boy who had
crowded IN. "Your room can be dispensed with.
The boy skunk out. Judge Garrett retired from
the stand, and Judge Wood he turned back to his
desk, muttcred ~ HIMSELF Your presence, mean
Deputy sherin vaughan was next sworn, and In re-
spouse 10 three separate and courteous vitations
from The Judge 10 'st down" he looked az
the char aud said three times Rathcr stand, thank
ye.'' He leaned his several hundred pounds of 100
too sod csh against the back 0 The cnar and testi.
ned that Il knew nothing about tue case
Then there was q pause. People began TO 20 out
but suIlaulY ME-. MundY callad .sErauE