New-York tribune., 1882-04-21
JUDGE SPEIR'S AGE.
THE OGORMAN-ARNOUX CASE BEGUN.
SEEKING To GUST JUDGE OF THE sOfEhio"
COURT-A LARGE ARRAY OF C0uNsEl-oNb


The trial of the suit brought by the Attorney
General on the relation of Richard OGorman against
William H. Arnoux to him from his olce Of Judge
Of the Superior Court was begun yes'eiu"S
before Justice Lawrence and jnry in the supreme
Court Judge Arnoux was apkiua TO the Office by the
Governor upon the resignation OF Judge Sp'ir, ana MS
title was recognized by the other Judges of The Superior
Court At the last election Mr.. O'Gorman was elected
to the Office, which he declares had previously
become vacant by reason OF the lact
that Judle Speir had passed the age OF
seventy years, the limit established by law beyond
which Judge cannot hold Office Tho principal ques
ton at issue the salt the age Judge Speir Judge
speir upon hi election fled certificate in which the
date his birth fixed in 1872 Mr.. O'Gorihan N"
scrts that the correct date s 1910.
William A. Beach. Francis n. Bangs, W. c. Trui ana
Mr. LAmorelIx appeared yesterday counsel for Mr..
O'Gorlnan and Clarence A. Seward, Stewart L. "oou
ford Haley Fiske and exRecordcr Smith for Judge AT
noux MI Beach opened the case for the 2lalhtin he
criticised Judge peirs conduct in not sending houee o
his resignation TO the Governor III ume 70 per
init the issue Of the proper elecuoh ho''o'
Judge Speir he said was in 1910 Mr. Beach took
ND Bible from which he about TO read an eiiry'
when he was prevented by the Court upon the opee'oh
Of General Wocdeord The original entry OF judge Speirs
birth this Bible 1909: II had aiter"aru "'o"
changed TO 1910 The Bible contained an entry
of the death OF Judge Speirs twin brother Wiiia"mch
occurred in 1910, five months after his BIRTH MT
era comment sarato ;-the fact that IN the i'e"
and speir families the births had followed one
another at regular intervals Of two years. Inc e"'!
in the registry Of the college "hcre 'uugc 0P'"
was educated showed that he entered con'No !"
1880 and was then twenty years old The IN
scriptions Of tombstones, tho counsel SAID "ouiu
aIso bv compar1son show the Of Judge spelr
In conclusion Beach said that the suit was NOT
brought in any feeling Of personal bitterness or hostility
either against Judge ~peir or Judge ArnouA. Si.
lan Qf
was born in August, 1902, in Balston During
rSe most Of his life ne had been farmer.
lie w.s for many year member of the Presbyerlan
Wien he rsi knew Judge Spers parents they lived IN
the town Of Basion Inc Wines ~TI NJ the
time of their Judge Spclrs fathers name ws Ar
Sper horn in ~1" lie BAD tw,n p,uIncI. n nt wV
hved only few days Bradford Speir was horh alout
Jndee er almost every day until the latter went 10
college. The ages of the witaess ana ms hls
in the family. The witness then gave TIE dates
Of the OF the brothers and sisters OF judge Spelr
in the family. and the witness hai never htara u Hls
puted in all the conyersaons, ora snd yonnig IN & w
were never disputed from chdhooa UP 10 "i" '"o Vi
So aiend lie lime Of any of the brothers
and sisters OF Jud e Speirt Al attended the funeral
of Bradford sper Tsi then OF Jonh d. SJcoho % d ap
ane % dea ,hoGt len or iftecn days later and dil
get the word until ten OF twelve days alerward: -
O-Wlcre were they buried A.-At west Milton III
O~IJid YOU ,ea the of John and Bradford de-
posed in their graves Al did, sir
O-Were tomostOnes aiterward ereetedi A.-1es SIT
Q-fIaye you recently examined the tombsoncSt
Al have about three or four weeks ago.
O-At that time did the stones stand al TIC graves
OEXhat nave been the relations between yon and
Judge sper from boyhOod Always good WISHING
Tne witness said be had heard his mother spk Of the
ages of Judge speir and his brothers he shouu say
Odd yoa hear her speak of the years in which they
were borni A-Yes, SIR. Months. days ana daies.
Q-Were any vi the conversations III ihe presence oi
the persons yoa nave Lauicd VINO arc no" deaI' A.
Q-Wnai do you mean by llvingl A.-WoH, am liy-
ins and there are others of he family living. ,.
V-In what year did she say judge opcir aAd Niliam
sper were born AIN 1910. ,s-, ..,
ON what year ind she say Bradford spcr was
Vwere these dates Of the birth stated by your
mother reputed and accepted dates OF the brth OF
Judge speir William Biadiord speiri A.-They
The of the witness then read as
U"tiow old were you when You married the
on1 time Alt was the year 40 think ,, 49,
Q.-rhat i, not the question. A-hcl, IL Wollu re-
red some > months a,terward.
Inc question MAS then repeated Al would take
ODHoW do You know that you born August t.
1867 A-Ihe only wa, know was %, my nlen"7 l'Ii-
ins me 80 "' course Was '"'i'' o"' '0''
"oDo YOU not regard the Information you received
from your mother your most reliable means oi knO"-
odsc! A.As reliable, but regard Inc common saying
| as being s correct
oil your mother had told you that you were born in
1902 and your an aId cousins LAD rlid you were porn
IN sD4 Would you have believed your mother your
aunt Al can't tell 1 had bso.ncIs and sisters old
enough be my mother ANA Il tHeY ali told me The
same story should nave believed them.
o. ask q Ou, would you nave believed your mother
"a G.~N@s no, Ja lse spcir's mother you aunt! A.
She Was / thinking O the OlAeF sIIc o! the houte
The uut stiOn 10 20 whom the witness would believe
was then repeat A.f had come 10 year, of reason
iug would nave been likely 10 nave taken TIE suicat
testimony. II not "ond nave taken "A"t TIC one
O'NWnsn wa, Judge speirs youngest sister Mary,
| At.fthI IfH4,4 al
tney nave GOT II wrong IN 1he roslsry AcGoldns 10
| DetweeL bradford and her.
Q-lo whoul do yoG refer by the words they have
| Wno did ~, only 80 iar as Mary Is concerned
QWuat do yoa mean DJ 'tle i,st = A. mean % tAs M
Dirlns and names pdi lntO TIC Pdp~s' INTO me
! Herah ue,or SAW any Other.>.
| Q.-NDen sou speak Of the Icg7ry to what sisiy
10 On rcIci A-ihit list ia Inc He'ad an. onp 80
Ll - .lagy concerned have never Sc,A IN record
ia Bible. never Eucw therc va aI tcoid IA 'he
Bible ana this statenet ia ne He@9 Is lhr H' nave
lac witc-s s.d that Jads sprir'a father not ave
a Iauiy bible containing Ire"Iu O 'ha DIi il' ol 47
| children IAe NIt4oss's latAcr n@d fanny iiJc Mr.
| wilson tncn asked number oI qicalians as 10
da,cs ANA zen gths OI Time, all OF when ~ could mol
| ausMtI WItAuut inst " hadunG up.
OBJ. an, WIl1e o. cIcui'e III your hrlSh'Oi-
moo! about the tnc o. yOlr hrs marriage ahy verses
ABOUT irot wc or yodr nfSt marr'~se' Al nov
O-Dia' YOU hear Of such verses Al heard them
'l1~e.' & M o suspect was the author OF th,ln! A.
don't KNOW wnat expected nui Ii ga, sad IL was
| "O-Nh,.n 90 you mean by ''lh.s"i A.-Wen. can
adiy answer II some ol children III tno neis bof
! O-WLo is the him to whom you refer Al forget
| WHAT Eiy anhNcr was.
| O~IIo. old we're you when Archibald Speirs young
r.t dau-nier as born Any re- objection WoaII nN
IL at Iilr.ecu years, hur Icrn ana me- ihrtceH Let
| me n1 l. right. Wat wa, tuc question
Ar SAID he Ars, nearI Oi N discussion III re-
q lrd 10 ud.e Spers la 1881 from copy OF me
| Irgaiug ldi sent hn 10y some PcroJu. lie aitcrWad
I'D ~ Iound a copy vi Ne newspaper III tAe pos Oiicc
t .rirL nom dI hcdItf tLat Judge
sueir vas AIakns Inn ell out To be Onr year younger
| tnan hc was
| O-Did yOa have any tax about t"O years aeO
win Mrs b. J,ir about .he gc Oi any O Inc liulIy
A-Wcl, called there ono u"y AMI ua4 a. visit WIN
| I! ! a. O