The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-04-15
JUDGE PINCKNEY REMoTED.
The Unanimous Opinion OF the supreme Court
thai he should Quit the Bench.

The removal OF Walter S. Pinckncy as
Justice OF the Seventh District Civil Court was
ordered by the General Term OF the Supreme
Court yesterday. The decision was given by
Judge Bradd. the presiding Judge. Judge Por-
ter concurring They decide as follows:
Our examination OF this case leads the conclusion
that the respondent has contracted habits OF ncmper.
Ance which him for the discharge OF his judicial
duties, and require his removal
We 10 deem necessary state in detail the facts
and circumstances upon which this Is based 1t IS
enough that feel compelled 10 declare that the
evidence oonvicp the respondent OF intoxication
upon the bench several occasions while attempting
to discharge his duties We avoid expression our
regret that an otherwise capable and efficient officer
should have exposed himself TO the unfortunate Judgment
obliged To pronounce.
In addition. ind It incumbent upon Us to say. IN
answer 10 objection inerposed that entertain no
doubt as to the power to remove
Isexpressly conferred by the Judiciary act oflsi7
Justice Pinckney was elected in November.
1875. defeating ex-Assembyman John Hayes.
tho Tammany candidate His term was for six
years. nt Sc 900 a year. He took his seat on the
bench on the lst of January. 1876. On the oath
Of May he was ordered by the eSupreme Court to
show cause why he should not DE removed. The
moving papers were sworn 10 by Joseph Stein
ert. G., Farley. !; Farley, and Max stein
toxcation and conduct unhsecoming an on
Ger while on tho bench. The supplcmen-
tary ailidavit Of PATRICK II. Anthony. the
clerk OF the court. specified that Judge Pinck-
ney was habituay under the influence Of
LIQUOR on and of the bench. That he was
negectfu OF his duties and absent from court.
and that in December. 1876 he wont to Florida
through the INDUCEMENTS OF his friends TO re-
form his habits. He returned in january. 1877.
and in the affidavit IL was charged that from
that date until the Application Tor ms removal
was made ne WIS constantly under the lnfu-
ence OF liquor. That he WAS al sent from the
bench one-third Of the time ana that his place
was supplied by Judges Gedney and Dinkel.
That on the 7th Of February he wont on tho
bench 50 intoxicated that his friends had 10
carry hlm away in n carriage.
The case WAS referred TO Oliver j. Buell. to
take testimony. The Corporation Counsel con-
Quoted the prosecution. About twenty wit
They testified TO his intoNication. md, further
that he had been absent from court between
eighty-lye and ninety days out Of 900 trial
days. That his absences had caused in
dgnation meetings in the court. That
in repeated instances, when he had
EyGn o oIafEmG,Gnt and cloth tee poRCori 4aa
taKlng with some one, recalled the papers and
reversed his decision. One hundred and forty
five witnesses were called for the defence.
Many Of them swore point blank that the Judge
Others testified az to his general good character
and the impnrtaty of his decisions.
The examination lasted nearlya year and the
evidence covers $50 printed pages; The cost Of
printing and referee and witnesses fees amount
TO between $4,000 and s6.0OO One of the ale
cations was that Judge Plucknry had been in
the Bloomiugdalr Asylum for dipsomanin. and
that hr haA also had delirium tremens at HIS
home in thr Lexington Fmts.
Justice Plnckney sat for half IN hour on the
bench yesterday morning. but u .protractod
search last evening failed to lind his where
abOuts.
His successor will be appointed by the Gov
ernor and until then the clerk OF the court will
call on Judge from some other district to take
his place on the bench.