The New York herald., 1879-02-11
GUMBLETON'S ANSWER.

DENIES THE CHARGES MADE BY THE BAR
ASSOCIATION ONLY UNJUST BUT
BAsELY FALsE"-FuRTHER HEARING TO BE
HAD TO-DAY.
lBy TELEGRAPH TO THE HERALD
ALBANY, NJ Y, Feb. 10. 1872
County Clerk Gumbleton before Governor
Robinson this afternoon in reference to the charges
of malversation and corruption in Office preferred
against him. He arrived on the train at o'clock.
accompanied by his counsel. William A. Beach and
Edwin II. Meade. The Bar Association was
represented by Artemus Il. Holmes George De For
rest Lord and Charles Mclean. Promptly at three
o'clock all parties entered the Executive Chamber
and the hearing began at once. Mr.. Beach opened
the ball by stating his clients position and asserting
that the charges were general in their character
that it was difficult to answer them defnitvely When
an official was made the subject of such serious
charges he should be furnished with specifications.
Mr.. Meade then. standing. read the answer of the
accused. The latter sat on sofa behind him and
listened to the proceedings that followed with the
keenest interest. At the conclusion of the reading
he presented number of the official records of his
Office to the Governor.
MIR. GUMBLEroN's STATEMENT.
Mr.. Gumbleton declares that 'exact account of
his assisants has been kept, and that such fees
strictly legal also that the books of the Office
have always shown and still show when and for
whom every such service has been performed, its
tnre and the fee charged therefor. All books of
record ready for the Governors inspec-
ton, and it is claimed that they have always
during respondents term Of Office '.been open for
inspection during Office hours of each and every
business day to each and every person entitled to
such inspection and in manner as provided by law;
forth in said specification The respondent denies
quested to examine the books alleged and further
shows that during the period he has held said
other other persons named in said speciacation at
the dates also therein mentioned furnish the
only instances wherein any disagreements so far
he can recall have arisen concerning the examina-
ton OF the books records of said Office. Parti-
cular and explanation Of these cases is made
bleton continues 'been the practice to report fees
which were the private property OF the clerk, but
only such fees as belonged to the county. =
count or copy of accounts rendered. the return has
embraced summary showing the totals returned
ing. 1t is reliably reported that the Comptroller in
Office at the time of such change exacted the modi
turns in the voluminous form they had been there
tofore rendered and insisted upon his right under
section 10 Of said law to prescribe the form in which
returns should be made to him. Certain 1t Is that
the present form and manner of making such
monthly returns has been recognized. accepted aud
adopted by Comptrollers Connolly. Andrew b. Green
and tho present Incumbent, Kelly"
tabular statement is made in this connection OF
the monthly returns OF moneys received by various
from 1861 to 1878 inclusive
Denial is then made that the county clerk "has at
any time since he held the aforesaid Office, hebituay
or otherwise taken received. caused or per-
mitted in his Office to be taken or received, fees
which he is by law authorized to charge" He does
not claim that there has been no possibility Of
error mistake but that there has been any disre
gard wilful Intentional violation Of law in any
instance he emphatcally Denies The respondent
"iniulges pardonabe pride in the universal salts
faction expressed by attorneys with his sdininistru
being exacted he frequently In cases where the fees
are his private emolument reduces them considera-
bly, below the legal standard. and in other
acts no fees whatsoever" Answering the thirteenth
subdivision, specification. Mr.. Gumbleton "ut-
refused, except upon the condition therein recited,
to exhibit. request or demand, any book or books
s sp By him. the 2 DAY Of
in every essential particular IL untrue
THE oovxRNoRs REPLY.
When Mr. Meade had finished reading he resumed
his seat and all looked earnestly at the Governor
his reply "The first question" he said very delib-
eratey. '.is whether the il . denial OF the
specifications stated in the charge. It'll do not
propose to try it. ! have too much ON hand to do
that II is raised upon the material charges
propose to send to acommissoner to hear the tes-
timony and report provided for in the law. can
not sit here and try aud attend to all the other
duties that are imposed upon me just now. That is
the first question that want disposed Of. II the
answer amounts admission facts stated in
choose to 90 on and argue tho question Of removal
upon that assumption can hear you st some other
time. could not now hear it through even If you
ready. But II there any proofs to be taken
taken @ win add that did not carry the charges
hrst presented, and I supposed from the drift
Of the answer-whtch Is very long. and q
good deal Of T. should say irrelevant pleading,
though we don't stand very closely to the rules of
pleadings here-my impression that he intcnded
to deiy every allegation you make whether OF TACT
or OF law. II the answer is such denial. then the
next step is q reference to commissioner"
"a CONFESSION AND AN AVOIDANCE"
Mr. Holmes said that he and his associates desired
time to examine the answer for the purpose of
taining its precise character He believed that II
In many respects Q confession and avoid
ance. He could not without few hours of
preparation reply to sixtysix sxty-eght printed
pages OF an answer to . dozen printed pages Of
to be- insufficient. It seemed to him that the books
referred 10 should be placed at the service Of the
committee and he particularly desired TO the
data which composed the transcripts for the first
month OF Mr.. Gumblctons term of Office and for the
last month OF 1873. respectively. In order
to SEQ whether the published figures were COR
rectly transcribed aud to learn whether all the figures
had been transcribed. Nr. Beach replied that so
far a. the charges In general terms and without
specification alleged corruption aud malversstion In
offoe the answer explicit and full denial In
regard to the first five specifications, which cover In
various forms charge OF refusing to these gentle
men access to books, he sdded:-.'we have not
denied that but we have presented to Your Ex-
cellency the circumstances under which that denial
made and the reasons upon which it was founded
and only question in regard to that matter before
Your Excellency TO the propriety and justice Of
the refusal
Mr. BRACH PROTESTS.
Mr.. Beach wont on to protest against the Governor
referring such general charges had been made to
commission, for tho purpose of rummagtng through
the Office the respondent to hnd food for the
charges. The facts, he said. all present upon
which His Exceiency's ultimate Judgment would be
founded and he lMr. Beach) not going to present
any argument whatever upon the question OF fact.
"In regard, SIR. he continued Ito the request which
counsel have made for license to examine our books
/ have to say very briefly what l shall say more
ut length hereafter. 70 these gentlemen. standing
in the attitude In which they do and pursuing this
respondent they have until this litigation
il finally concluded, will they have any accommoda-
ton or kindness from u.s." Mr. Lord here shook his
sternly, added, Yes you may shake your head. and
you don't want II, suppose"
.l...t t..l. .t n.s.