The New York herald., 1879-02-12

County Clerks Office were not kept in the manner
prescribed by the statute showeda decided variance.
Whereas the statute demanded record OF the
'amounts. chargeable." tho corresponding column
in the books was headed amounts charged" Per-
haps the point on which Mr.. Lord laid most empha-
sis that in reply to the tenth charge Mr. Gum
bleton denied that he had charged fees in violation
of the law. but did not explicitly deny that he had
allowed or permitted any of his subordinates to do
So This Mr. Lord claimed was q startling omis
sion The reasons assigned by respondent for de-
clining to submit his books to members of the Bar
Association would not hold in law. In conclusion
he held that Mr.. Gumbleton was shown by his an
to be guilty of 1.-THE three general groups" Of
charges made
ARGUMENT OF WILLIAM A. BEACH.
Mr. William A. Beach responded for Mr.. Gumble-
ton. Where, he asked were the accusations verified;
where even specified; where was the evidence to
stand against the explicit direct and denial of
Mr. Gumbleton? The ambiguous charges made
upon 'sinformation and belief" He hoped 1t would
be a long day before the denial npon honor and
knowledge and oath of respectable and prominent
respondent like his client wonld be overturned by
the information and belief Of any number OF gem
temen however respectable they might be. He had
seen all the incidents and marked the course
of the prosecution of the respondent, and had
had better opportunity than HIS Exceilency to
did not hesitate to call it disgraceful. He declared
that the parties engaged in it with knowledge OF its
purpose and intent were unworthy. Judge Davis,
he thought, had acted unjustly in overlooking
tves OF prosecution, and had made in grant
ing mandamus When the case came to be con-
sidered by judges exalted little higher than the
atmosphere in which Judge Davis moved there
would be different application and comprehension
of the law. He would not say anything to
reflect upon the character of the Judge in
question, yet he might be permitted to suppose
that under all the circumstances the Judgment of
Judge Davis would not to say the least be very
favorably affected toward Mr. Gumbleton. Tho
books, Mr.. Beach concnded, were kept in such way
to comply with every intention and policy of the
statutes The manner of keeping them new
device to cheat the people. 1t had come down from
long line OF county clerks before the days of Mr..
Gumbleton. In relation to the attempts OF the COM
miftee to get hold OF certain books, he said their
ton inconsistent. They first assertAd that books
of certain character not kept in the Office
required by law, and then thsy applied for manda-
mus to give them access to those very books which
they claimed did not exist. Mr.. Beach made end
OF citations from legal authorities to sustain his
propositions. and quoted from acts later than that
under which the committee claim judgment to prove
that the latter statute very much modified by
subsequent legislation. The Governor heard all in
silence. and, with his head upon his hand. listened
with the closest attention to every word on either
side. He took the papers and reserved his decision
promising to give the matter careful attention.