New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-06-01
THE MAJORITY REPORT.

After reciting the resolution under which
.ho, acted the committee highly complmented the
in the case Mess Stetson and Perry and Messrs
Harris and Rugges the two latter having aided rather
than Impeded the investigation The report first taxes
up the Manhattan Elevated Railway matter ana aiter
recng the legal steps In the concludes that the
action OF Judge wesbrook in holding court IN the direct
orr room OF the Union Building In Ne"forA'
and in the Delavan House, in Albany, was perfectly
proper under the circumstances AS 10 e1-A''orheS-
General Ward the committee find that be was acua'eu
y the purest motives and that his conduct throughout
Sas that of a faithful high-minded public officer
Relative TO the charge of conspiracy between Judge
yesbrook and Jay Could the committee find that there
e. no evidence in the showing any connection De-
tween the action OF Judge Westbroos and the operations
OF Mr. Gould There Is no evidence that Jay Gould OF
any other person except General swayne had any
knowledge or iutimation OF what the decision Of Judge
westbrook upon the application of the New-York Com
pany was to be until it publicly announced by the
reading of the opinion in the Western Union Building on
October ~ The legal OF the decision made
by Judge WesbroOk in the course OF the iugaon has
not been questioned and in the opinion Of the committee
cannot be. His bearing and demeanor throughout the
litigation were such become digniied end upright
Judge.
The committee do not regard the correspondence
which took place between Judge Wesbrok and the re-
ceivers their counsel in itself violation OF Official
duty on the part Of the Judge. IL was not corre-
revr is an officer of aud Is not the agent or
representative either party TO the action Therefore,
while the committee willing TO concede that portions
of the correspondence indsceet and unwise they
cannot regard 1t or any portion OF IL
"a afording ground for the impeachment Of
the accused Judge. The correspondence upon us
face shows that the Judge was very desirous
of preserving the Manhattan Company from destruc-
ton and lndiscretOD appears in II wa the
result of ZEAL and not of any corrupt or i'm
proper motive AS to the charge OF nepotisn and re-
earng the allowance of excessive fees 10 relatives the
committee find that the appointment by Judge West
brook 'of his second cousin as referee was not made
upon his own notion but upon the recommendation Of
counsel for the different parties connected with The
litigation The allowance OF 1000 made 10 this referee
was not fact made by the Judge 1t was fixed by the
counsel for parties and by them inserted in the ORDER
and the Judge merely permitted the order TO be entered
la reviewing the action OF Judge Westbrook IN rela-
ton Manhattan hugaon although Ihe committee
can point violations of good taste and acts of iHdis
tiOn, they are clearly OF the opinion una upon ms
part there was no Intentional violation OF his duty as
Judge, and no ACT OF actlOh eoOu erouhu
As TO the Lebanon Springs Railway case the commit
tee conclude that the omission Of the Judge III mol re-
quirng ALI quate bond from the receiver was mad
Sesent and Intentional The bonds of the receiver
La h,en given ak before the granting OF the
der and there no evidence thai the attention
OF Judge was called to the amount OF me oonds OF
10 tue propety Of requiring additional bonds 1t has
been suggested tai tue actlOn judge MestDr9oA IN
TINS case vas reckless Dut Ine III @ aIe Ds
sbst me- was indifferent as To what did
rsht or wrong However IL does appear that there
has been OF likely any loss through the neglect or
misconduct o. Mr. Van ValAenbTg
Ia 10 the order OF April 2S ISL granting
$500 80 for EXPENSES IN preparing ana e9ndHeung Tue
auce of al 200 made McCieland Brown, the plain
tins attorneys, the conmlttee say they have grave
Tsctce estabsied by TIE Code of Procedure. This
der may very well nave been allowed III the hurry OF
tbrie ~ ,oing IN tae testimony which SHOWS that
whs granted from any improper or interested motive
Therefore the absence VI any evidence OF ba faith
on me part of the Judge the committee are unwilling to
outy OF IA reckless OF MS functions regardless
whether Il was Ilght OF wrong -
william McDermott for fees referee i'll the matter of
the Life Insurance Company Is next considered
can,s ana the Judge granted him IL Tor each by
consent OF counsel except the Attorney VINO
offered teouuica objections subsequently, by consent
OF ala parties, tue order Was rescInded.
Ihe matter OF AN allow lnce To James W. Hustled in
the o the National Lac Insurance COMPANY is next
considered Ihe COMMITTEE recite the proceedings III
te case aud say conclusion that tuee Is no evidence
before tDcm that Judge WrstbrOck was aware that All
iniunc mad bceu made restraining MT Hustled
from acting referee In the proceedings before him.
A. regard 10 the appointment o 4. h. MestbroOk
referee lake testimony ana report the same tue con-
mite nothing censurabe IN the appointment. for
tr reason tuat the referee Was merely acting clerk
a. TAX testimony The charge hrous hi To the attention
~ tI, committed by Kulus r, Andrews il wholly
proved not deemed worthy oil extended oonsidera
The coInmit 90 state that portion of the testimony
taken by the special Insurance COMMITTEE was sub
49,, ~ ti,c,u by their COUNSEL The committee were
unable u discover any spocno charge against Judge
NestbroOk which could properly Do made ground OF
iluDraoLmenL The testimony taken by the Chapln In
sur.n.e Investigating Committee is reviewed al length
Tho quote the definition Of ma and corrupt
conduct IN Office aud Of high crimes and mlsdemcanOrs
as defined by Judge Grover IN tie Barnard case They
say Thai app yIug tins test the Judicial conduct Of
Iudgs We.tDrOOk disclosed by the evidence before
them the committee 10 the conclusion that al
though in INSTANCES his actions Lave been mus
creet aud unWIsc yet there ls nothing III tha conduct
wDich affords ground for impeachment The report COLI
Cludes as follows:
Iefore recommending the impeachment Of such o
Judge committee have deemed II their duty 10 re
cure the SPECIFIC of mai and corrupt conduct on his
part should DC established not by hearsay, sunises
or fanoiiu inferences but by legal and convincing evi
donoe. opinion OF the coinmttco, That has not
been DONE therefore they recommend the adoption
OF the following resolution: $3.50
heSolved That Theodore k Westbrook justice OF the
supreme Court OF this state has not the evidence
snnmited TO the Judiciary Committee of the House,
Ioel guilty OF any Improbable offence.
W. A. POUCHER
+. b. SMITH.
A. j. PARKER, JR.
IS.