New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-05-14
1nnGE WEsrBRooK's COURSE

.vnprvs,s CHARGES AGAINST HIM.
MN. ~ WHICH IS, 900 is ALLEGED TO HAVE
,rrS pNp-wnAr l. Il. CHlIIENphN AM o -
KSEELAND SAY.
M ac,;on referred to by Rufus F. Andrews
.ho letter which he sent on Fricay 10 'he 70,
so,srv Committee, in which ne ehargeu 'na' So
'id IN Judge westhrook to influence nls oinoiai az
N" rs brought nv Alexander Stewart ana ann 'ah'
~ -. aoalnst Mrs. Cornelia NJ stewart ana '"ueo
ba0' -, Alexander Stewart claimed to be cousin
ne"I .,,apder T. Stewart, and the suit "'7
nv $ +. Kneeland In MS h"in'
e.,,,on the real estate OF A. 1. stewart ""ons "''
" - =, law. Aferward an application was maui %
ne IN behalf OF Alexander stewart 10 nSNo u.
tehs'S: -smoved and Ira shafer substituted NJ MS
kneeIAN ,h. nation was made on an affidavit by 'he
sVoru.! ling that he had rover employed MI. hhee
pi" s,s attorney, and expressing MS oene' 'ua' MS
i""1 80 hene used thus 10 extort money rum WIS a.
n"n '.s, and Judge Hilton. The motion was naue III
.'rher 1878. The decision was gwen ,nlee
sep'o- ,errara Mr.. Kneeland had claimed
months Nc Alexander Stewart through Clark Ii.
TO DC poc,orsvile VT Judge Westbrook wrote
n long opinion anu 'A'''
In conclusion, be said; ~, -, ,o, nsey
1 rcsult OF this evidence which n I,eeIand mere
skeched Is clear ..Ice Of their cause. The action
Va commenced VITA , tbeir hone Of success
serted 10 forced settlement detective IN the service
of their adversares was N s freachery as they
posed TO tse nf narties interested in UNFOLDING the
w Of the dead NewlOgk merchant b Sef sn Was not
nv embodied letters and messages D9t p"nS
essed their supposed 1 own by stew
~ 70 bring the action, conceding an noneS' OV i
sy. cC San this Court, the highest the state
If ictpal Jurisdiction tolerate suc1 MODES anu
success TO tins there be only one answer ana
tHa is that the attorney who thus seeks TO carry on
Irrigation should be stopped by its mandate. NHS,
eypr a cause the justice OF which eounsel Law no
tb IL carried on by means as have coniesseuiy
heep employed in this the answer should De II a.
toyuev Tor Mr. stewart, at least must terminate MoTe
than this 1t Is unnecessary ~ =. sorhdden by
svery consideration OF self-respect ana uI ~
professional honor The order OF tne actnn is
te one granting the motion, anu my 4u4'A'A " "
smlmitted TO the General Term.
A. soon "a Mr. shafer had been substituted, or soon
.,tervard be discontinued the action. subsequently
omplapt was made by Alexander stewart and members
~ his family that they had been promised large sum oil
onev nv Judge Hilton Mr.. Stewart would
icn the affidavit used the motion, and
would allow the suit TO be discontinued, but that
The promise had not been kept. L. l. Cmtlehden
brought an action in Vermont against the estate OF A
r stewart 10 recover the amount alleged TO nave been
ronised under this arrangement That was aflerward
settled. ,,..
Mr Cbitten6en when spoken to yesterday, said that
=, s NOT interested as counsel the suit brought by
Mr. Kneeand in behalf of the Vermont Stewart against
,hc Stewart estate. He appeared on Tue
motion before Justice WestbroOk. for Mr. Chap
man of Vermont old acquaintance
whose character was incidentally involved IN tne
motion He made the argument against The MOTION
and when the argument was closed his connection with
the case closed. The charge against MI Chapman IN
the afHdavits was that he had conspred WIN MI
Kneeand 10 get up the suit against the stewart estate
In answer TO an inquiry 10 anything coming to his
notice involving the propriety of Justice "estprooks
Judiciary conduct. Mr.. Chttenden said; q don't
think IL professional for lawyer out OF court
20 crircse judge who makes decision
against him. thought at that time ana sun tmhk mat
the motion ought 10 nave oeen ueneu, aT .n" 1870
had a right change his attorney at any time by paylug
his fees, and no occasion Tor any eAtraoruhaIy
proceedings In TINS case. DuIIDg 'Ie 80 anu ~,
subsequently, many rumOrs were Drought 10
me concerning relations said To exist between
the stewart estate and Judge Westbrook; put
neither then nor at any lIEle s.HoS La any
evidence furnished me showing that Judge west
brook was in any manner improperly influenced OF con-
troed or the and decision OF the motion lie
charge Of favoritism other judicial improperly.
know nothing about this proceeding before the leglsa
tive committee, and there are 10 acs within my Know
ledge which are al all Important to be LAID before the
s. r Kneeland the attorney who was displaced by Mr.
shafer the partition SUIT said yesterday tlat the hrs
ntnaton which be had that any such matters were to
be brought TO the attention OF the committee
reading Mr. Andrewss statement in the morning papers
RumOrs OF influences brought TO bear upon Justice
Westbrook in various ways affect his decision mad
come his but he had no personal knowledge OF
any such matters. was young aIoIine!' s ar. 81
Kneeand who had been regularly retained III tAe case
that We were ftauy lor tIld out
the side did not dare TO go W trla ~ -
10 do something crush the attorney VINO orouh Tue
action and crush him so completely tAat no Que Nou
acatn dare 10 bring suit against the Stewart estate
Alexander stewards affidavit was obtained aVcIilhS
that he had authorized me to appear az his attorney
Mr. stewart is a very ignorant and in the subse
quent proceedings IN Vermont he has sworn that nc
that it was represented 10 him that IL was paper
necessary for him to sign TO MAKE the settlement
made II was in q month for which Judge Barrett mad
been assigned 10 sit az Chamber lie was SICK now
Ind ohu had Dpp
the previous mouth. prepared my papers anu went
into Chambers, expecting the motion TO be beaId before
Jndre DOpObue But Judge WestbrO0k had come down
from Kingston to hear the motion, ana When
the case was called it Vas announced that ~ II
General Term room l had always entertained Agn
opinion Of Judge Westbrook and was not until aI'eT
the motion had been submitted that numatlons reached
me that Judge being subjected 10 certain lrreSu
lar ipfueuces Then came the opinion, which puO-
Lshed In fun as an advertisement IN the newspaper IL
a terribly severe thing 10 Ia4 upon q young
attorney. had money 10 pay for the publication Oh
ny afhdavits that the public might set them over
against those OF the other side; nor could afford
appea1 and Lad 10 submit The great wonder to
have been able 10 secure clients In the
face Of such an opinion Of the Court ana many tiln
since that opinion been thrown N my aee ha useu
since that decision Judge Westbrook mas gone OUT OF NE
show special faVOrs 10 me- Ana IL Is not 70 my
mind the least extraordinary circumstance that Tue very
matter which TINS udge turned against young
disDar hin should come back upon hun as one Of The
chief pieces of evidence used 10 lnpeAcA hluL
WITNESSES BEFORE THE COMMITTEE.
THE LEBANON SPRINGS ROAD AGAN-HOw THE
JUDGE APPOINTED HIS son A REFEREE-THE
WESTERN UNION FRANKS
The Assembly Judiciary Committee met at
the ST James Hotel yesterday and continued the lnves
CATION into the official conduct Of Judge Wesbrook.
Edward Crane defended the Judges connection
the Lebanon Springs Railroad he was htigant
opposed TO ". PARK and other bondhoders. Mr.
Anderson. Of Sullivan County, explained how Judge
Xesfbrook amounted his n referee. against An
Gerson's wishes in a srt IN which be counsel Cen
IRA J. J. NcCOok and other persons examined
regard to matters coming before the Judge.
EANarr Crane. who vas called BY Hamilton Harris