The New York herald., 1879-02-13
FUN AT THE PINCKNEY TRIAL.

SHARP REPARTEEs BETWEEN THE OPPOSING coUN-
sEIr-A WITNESS WHO SAYS HE DRANK THOU
SAND TIMES WITH THE JUSTICE
The examination in the matter OF the charges pre-
ferred against Justice Pnckncy was continued yes
terday afternoon before Referee Buel. in the rooms
OF the Corporation Counsel The respondent was
the principal witness and underwent rigid cross
examination at the hands Of the Assistant Corpora
ton Counsel. Mr.. Miller. paper relative to dis
possess proceeding was shown witness. That's not
my signature said Justice Pinckney. "nor is it
signed by my authority" He declared he
gave James II. Davis power to sign any thing of the
kind.
Mr.. Sriller-It has been testified to by $50
witnesses that you have always been painstaking
and conscientious in the discharge of your official
duties while the Bench. Is that true
Witness said he too modest to reply TO so COM
plimentary question: he had. however, always en-
deavore to act conscientiously. The subject OF the
attacks Of chills and fever which, together
with overwork, Frustrated the Justice nearly every
day was gone over again. 1t also subsequently, ap-
peared that the Justice had been thirty years
the victim Of painful chronic complaint which fire.
quently compelled him to leave sitting position Of
long duration and walk nervously from one point to
another. He said he never had q regular family
physician and never was attended tor delirium
tremcns; had been absent from court when sick aud
occasions OF vacation like other justices; never
absent from court on account OF the use OF intox.
eating liquors; his nervous complaint commenced
early 1865 and continued through 1867 and 1869 up
the present tme was always more or less subject to
nervous debility, which increased upon the
death Of his first wife, but he has somewhat recov
cred since his second marriage; he had been Sun
day school teacher for several years had been talked
to by DIR. Heath, who wished him to give up certain
habits-nevcr drunken habits.
The prosecuting counsel was proceeding to extract
from the witness certain admissions, when the de-
PENDANTS counsel pronounced the proceeding 'non-
strous' but explained that he did not mean to say
that the opposing counsel was "nonstrosity." Wit
said he had been in Blo6mingdale Asylum, also
at North Brother Island, but for treatment for
delirium tremens Counsel for the defence declared
certain questions ''insolent and impertnent," and
protested against his client being obliged to answer
them Witness continued, however, and answered
nearly every question with apparent complacency,
except when ihterrogated about being drunk and
Justice exclaimed, 1T is none of your business
..'Is this school for scandal?" demanded respon-
dents junior counsel, ''or legal investigation?"
Referee-It would be dificuit to tell.
Counsel-Ifi it Is school for scandal they had bet
ter 90 to the theatre and witness legitimate per-
private character of respondent.
RefereeIt is better to give the widest latitude to
the examination.
Judge Pinckney said he was on good terms with
the witness Anthony, who appeared against him. and
had recently borrowed money from him.
WHAT" exclaimed the prosecuting counsel
''would you borrow money from man whom you in
your last affidavit accused Of prosecuting this
Defendants counsel-Tnat's carrying out the prin-
ciple of the good book. returning good for evil
(Lsughter.)
Ex-Alderman Duffy explained that in his former
testimony when he snid that he had drank 375 times
with Justice Pinckney he said SO in oh-hand man
without special reference to the actual number Of
drinks; he had known the Justice for fifteen or
twenty years and may have drank with him ]. 900 in
stead Of 315 times. but he kept no record
Defendants counsel-Do you include water tea and
coffee?
Mr.. Miller laughed mcrrly.
''rhis is no laughing matter" said defendants
counsel, "as you will find before this case ends"
'No, this IL laughing matter said thesex- Alder
man. What drank with Justice Pinckney was
whskey. rye whiskey. sometimes brandy wine and
lager; may have drank with him twenty times y day,
after court hours; never him intoxicated the
Bench had been in the habit OF drinking with JUS
tces and other court officers for many years and
pected to do so for many years longer; twas all
humbug to say these people did not drink liquor"
Tho hearing was adjourned till tomorrow at eleven
A. M.