New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-01-31
THE COURTS.
THE ACTION AGAINST nnnr ,nno,


Attorney-General Russell has received 1ot-
ter nom Messrs. Rtch ana Woodford attornev. %,
Judge ArnOux asking for the transfer Of the ami, 70, ar
removal Of Judge Arnonx. from SCHENECTADY count, .,
New-York City. The fOllowingh a subtract from ,b~
letter; ~
/" Under the code thinktha Mr Arnopx t,.,,i,,o,
as matter OF strict legal right to have this action ied n
the city o. New.York Judge sper3 character and vc,
acty attacked he Is practically eharoel 49,.
merely with having made Unintcntoua mistake 4,
his original certificate OF age, bat with having delb
atcy renewed that statement and repeated tho ALLEGED
lsehOod both by the OF bis resignation and hi.
continued iusisteBce on tho truth Of ms
original certificate In your memorandum
OF decision permitting the action 70 Ia
brought. you recite an alleged aaldavt OF persoa who
sweaTs that so late AZ last Sumner Judge sper cofsod
to him he had then passed the age OF seventy Jnag,
speir, whose veracity thus attacked has resided IN
this city more than forty years. NJ OGorman thu r.
lator has also lived here since his arrival in This eoue
try. Mr. ArnouX born this CITY and has rssiaed
here nearly all his 'e The Superior Court e sp,oi.
court orEanIed for this city The people o. his cty
Judge SDcr Mr. OGorman and Mr. ArDoux are rhe only
parties directly interested in the result A simple mat
ter ofjustce to this city, Judge speir and Arnour
we respectfully ask you the law officer directly re-
spcnsble for the conduct OF this action to change tho
place Of trial from Schenectady Coun-v where i has
been located. to the city and county Of Eew-York.
There is also a consideration Of public policy which,
we respectfully submit should control your d,c'sloni
even you do not with that are entitled ~
matter OF law 10 have the place Of trial changed Tho
Superior Court ia driven with business lis judges are
severely worked II Judge Arnouv called u Science
ta1y defend tins action he either leave tho Cont
for indefinite time and put the burden OF hi. duties
upon the remaining Judges during his absence or 10
remains here and personally DISCHARGES HIS duties ~
Judge during the trial he must be denied his right Of
personal attendance the trial IN which be fl defend
ant, and lose the benefit ~ personal consul with
his counsel during s progress Public policy seems ~
us, there fore. 10 sustain Our request
1--WE nave also 10 ask that yOr will direct an amend
mont ~ the complaint spcciHcay to state the data
and year when the TeatOr claims that Judge Speir
born. The present ALLEGATION is simply that he became
seventy OF prior to December 81, 1881. Tho
nature Of this amt seems 70 ms ~ require matter OF
simple Justice that as II ia alleged that Judge sDeis
certificate in which he states his exact Il false tho
rclator should he required 70 make the allegation on
that subject direct and specific Judge sper ought 10
know with inst what lie IL charged, and no lOophole
be left for changing evidence to meet the changing
conditions Of a thorough trial
"These two requests make respectfully, but very
earnestly believing that they should be granted as mat
ter of simnle right.
Beyond these two matters have advised our cliont
that should prefer 70 have the nle3dngs so drawn as
to enable al the legal question: 70 be determined before
trial If the issue Of fact 70 Judge Spes age Permb
suggest that such questions as the following
Il Is tho certificate fled by judge spcir conciusigAt
"2. Con it be attacked in any collateral proceedngf
g. Il u be not conclusive ia II not binding until
shall have been aside by due judicial proceedngl
al Can election for judge IN his place be nAd un'
his certificate has been set aside, and the fact OF his
alleged disqualification been judcially decrecd
j. should not the election Of judge Spcrs successor
have been held IN November preceding the last day Of
December. when he is claimed to have become dsquali
fled by limitation Of agei
There are other legal proposition bearing directly
upon this case. II Is needless 10 suggest them here.
Enough have been presented 10 show that whatever be
the questions OF fact there important legal questions
that must he considered and determined at stage
IN this ga Ion, aud which may be decisive thereof.
The complaint in s present form does not allow these
questions Of he raised until the trial We suggest
that specdy determination will be most surely secured
by having the legal questions decided Hrst we ask
yOn amend your complaint 10 secure his result
We refer YOU to the practice in the case OF Tho
People cK rel Davis agt. COwles 13 NJ " As 70 tl9
which Il only q qupstiOn NJ practice, we must Of
course leave the decision irey 10 your professional
As 10 the allegation Of the present complaint
about ufye SDer age end rs 90 the place Of trial va
do beg our nsstence that the reator should
in the complaint fully disclose his exact claim with re-
ear to Judge SperS age. aud that the trial should be
had here m tins City Of NcwYork where all the parties
10 the action reside.
iris udgoship Of the Superior Court OF this city for
which This reatOr seeks. Let his claim be tried here
before rho people among whom he seeks 10 hold that
Office TO obtain H. the character for veraciy OF ven
cradle and h0nOgcl urst, long resident OF tins city,
and twice elected by his fellOwctzens TO the bench
jls court. must De ucccssfuly impeached simple
l,ce to Judge Speir to Ms to require that no
should he enabled 60 meet this and Justify himself
against such attack here in the city " his nome"