The New York herald., 1879-02-06
JUSTICE pINCKNEY TESTIFIES.

WHY HE DRANK GIN ON THE BENCH-HE SAYS
HE WAS NEVER INTOXICATED WHILE THERE
A DISSATISFIED ATTORNEY.
81 would rather an open Bible," said
Justice Pinckney yesterday afternoon his coun-
sell Mr.. Reavy. offered him the book to testify on
his own behalf in the proceedings against him
before Referee Buell., in the Corporation Counsels
Office.
After few scattering shots had been directed
against the principal witness Of the prosecution Mr..
Rcavy asked:-
"Judge. were you ever drunk on the BenchY'
"Never." solcmny replied His Honor. who is q
nervous looking. wiry little man of slight build.
apparently about fifty years old
"were you ever under the influence Of liquor while
the bench?"
"Never in my life." said the defendant. He then
went to state that he had partaken of gin the
bench to affection Of the kidneys; this was
under medical advice; he certain occasion
in coach with gentleman. going to the Twenty
seventh street police precinct; then suffering
from nervous prostration-malarial fever; he suf-
fered acutely from chills every day. never. to his
recollection did Mr.. McKenna bring liquor to him
the bench; he knew James H. Davis for thirty
years. did not directly indirectly say anything to
Seventh District Court; Mr. Anthony never in
the habit of sitting the bench with him, he
Swore any witnesses since have been Justice
TOO MUCH TO RRMEMBER.
Mr.. Reavy handed in paper. saying. There seem
TO be two judgments in this case. Judge. will you
Justice Pinckney-I cannot do 1t unless there were
two actions: 1t is taxing my memory too much. In
1873 decided some fifteen to twonty cases every day
independently of the Corporation Counsels cases.
Mr. Reavy-And they were innumcrablc?
Justice Pinckncy-wcll. there we're 400 of them
given to me ut one timc
Mr. Reavy-Alany summary proceedings before
you against widows?
Justice Pinckney with an unctious chuckle)-Ycs.
sir.
the witness swore to the untruthfulness las he
clamed OF Mr.. David Farrellys testimony who tcs-
titled that Justice Pinckney was drunk on certain
specified dates.
Speaking OF money matters the witness said $50
far as finances are concerned. am dead broke
clean gone"
Upon being asked If he ever partook of Santa
Cruz rum on the bench the witness said that he did
not know that he had partaken OF it, he took bromide
of potassium; his court officers brought il to him
in bottles; one could tell "a the smell of
Santa Cruz rum from Medford rum; he did not drink
the latter kind either; did not know IL Mr.. Anthony
drank out OF the same glass with him, but did know
that he drank Irish whiskey with him in his Office,
and that the two had good time ut the house Of
witness.
Mr. Miller now asked for . postponcment of the
till to-day for the that he wanted to
anime the testimony OF Justice Pinckney. and be-
cause his (Alr. Millers) wife sick. The referee
did not think these good and insisted the
cross examination going forward. After the inter-
change Of several heated remarks both sides and
little delay Mr.. Miller consented to go on. Tho
obtained the tacit consent of the wit
ncss to appear another day. but the referee and Mr..
Reavy were resolutcly opposed to this course. Mr..
Miller then proceeded with the examination, In
the course of which the witness alleged the most
chidlike ignorance OF the state OF the proceedings
against him.
SOME FINE DISTINCTIONS.
Mr. Miller-Do you know when you are drunk
Witness-Nobody else can.
MIR. Millcr-What liz the difference between being
under the influence and intoxicated 1?
The witness looked upon this an invitation to
make temperance speech. which he believed he
could do in any hall in the city He could tell that
when man is drunk he is in tho gutter.
IT being hve O'Clock Mr.. Miller renewed his appli-
not think that Justice Pinckney should be called
upon to come there another day.
MIR. Miller-Well, I shall go home. The cross-ex-
this Is IN uncomfortable proceeding. aud confirms