New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-12-23
MR.. LOUBATS SUIT.
THE r1Rsr HEARING IN COURT.

os party before trial. There were some quest'ous
about the admissibilIty of which he counsei couiu
NOT agree. and they went before Justic, Van worst
IN have him determine them. The Union Club and
Afr LEROY were REPRESENTED by J. c. Carter and L.
Randolph Robinson. Joseph H. Choate appeareu
for Mr. Loubat.
BEFORE tbe matter cane before the Judge for dis
cusson. Mr.. Leroy had already. in answer 10 MI
Cboate,s ouostlons. given considerable testimony
He testified that he was treasurer OF the ohlon
Climb and hat that was an office independent OF MS
nos;,,on 90 n member of the Governing Committee
Of the Climb He said that he did not know whether
tba investigation concerning Mr.. Loubat was
becrn nv the Governing Committee He acted
nc member of the Investigating Committee nc
conld not state whether not the report OF inc III
vesngating Committee was ever pIesehVou 'o MI
Loubat Ii was presented to the Governing Com-
nittee on the same night that the vo'e OF expulsion
vas nassed. He did not think that any comnuni-
cation o TO the report its contents was presented
IN Mr. Lonbat before the resolution of expulsion was
nassed. He did MT know what opportunity was
given to Mr. Loubat to show whether the facts stat
ed in the report were true.
Mr.. Choate-Did they give him any opportunity
to your knowledge
Mir Leroy-He was not present ut that meeting
when the report was made. They did not give him
any opportunity. to my knowledge. between the
time when the report was given to the Board of
Governors and the time when the vote of expulsion
was passed
Odd the Investigating COMMITTEE consider or
act upon the question OF expulsion7 A.-Therreport
speaks tor itself.
Q-Did you vutaupon the resolution of expulsionl
Ayes. sir
Q-Did you vote for expulsion ? A.-Yes, sir.
Q.-For what causeR
This question was objected to by Mr. Carter as
being an improper inquiry into the motives of the
memberS of the Governing Commit ee. This was
one of the questions reserved and carried before
Justice Van Worst
Odd William Turnbull attend either of the
meetings of the Governing Committee of the 18th
or 25th of May3 Ale did not. His name would
appear on the records if he was there. l have ho
recollection Of his being present.
Q-Is he the brother of Henry Turnbull Ale
is
Odd You know that one of the Governing Com
mittee was Henry Turnbulls counsel' Al don't
know who his counsel was.
sQ-nid you know that more than one member of
the Governing Committee were connected by mar
rage with Henry Turubull3 Al did not.
Odd YOU not know that one of tho members of
the Governing Committee who took part in these
proceedings and voted for Mr.. Loubats expulsion
had been aiding and abctting Mr.. TUrnbnu in the
ouarrel which your committee investigated! Al
do not know that any members had been aiding
ana aDetting Mr. Turnbull.
Q.-Don't you know that Oliver II. King had
A i do rot know.
Q-Dont you know that he was the bearer Of
hostile letter from Mr. Turnbull to Mr. LOub&t
Al heard that he carried letter
Q-And that letter was in evidence before your
Investi eating Committee Alt NAV have been.
AZ 1 rCotA in gVpp tn Ot an
he was not aware that any other members OF the
club had taken part in he quarrel that he did not
have anything 10 do with the PREPARATION OF Mr..
Turnnulls circulqr set forth IN the minutes of the
Investigating Committee or with it's circulation,
hut thai he had probably received copy by mail
and that the circulation OF the circular was not
authorized by the Governing Committee as far as he
Odd Won know what'part August Belmont took
IN The pre Daraton of the crcuari
MIR. Carter objected TO this question as Mr. Bel
mont was not member of The Governing Commit:
tee Mr. Leroy said that William X. Travers and
John Hunter were members the committee, but
he did not know what part they took in the prepare
ton of the circular. He did not know that they
corrected the proof and advised its circulation Mr.
Leroy testified further that Mr. King advocated the
expulsion of Mr. Loubat before he committee. He
did not know that Mr. Belmont used any influence
with members of the Governing COMMITTEE to Sc
cure the passage of the resolution o. expulsion, or
that either MIR. rravers or Mr.. Hunter did lie did
not know what the relations Of these gentlemen
were to SIR Turnhull.
Then followed number of questions which were
objected ~ by Mr.. Carter. When considerable
number of these had accumulated, It considered
bv the counsel that as they all of the same
character and came within the same general ohlec-
tiou if wOnd be hest to 90 before the Judge and let
him pass upon them before proceeding further
Accordingly at the recess OF Special Term yester-
day Justice Van Worst met the counsel H., IN
his private chambers for the discussion OF these
questions. Mr.. LOubat was present, hut
Mir. Leroy not. Az the argument was beginning
the reporters asked permission through court Off
Ger to be present. Judge Van Worst mentioned 10
r.
ted. Mr. Carter objected and asked that their re-
quest should he refused. Mr.. Choate made no OBJ
lection. Justice Van Worst SAID that II was
iud lca proceeding and one that prop 'rly of
public character. He would not make IT private
hearing. He directed that the reporters should be
admitted, At a later stage of the proceedings Mr..
Robinson raised little laugh by opening the door.
admitting f. y. Bangs and Introducing him to the
Judge as "another member of the press" At
ano her time, Mr.. Garter, in his argument, when
comparing the members of the Governing Com
nttee to legal "arb,trators," inadvertently called
them reporters" instead
The frs question objected to and discussed was
as follows: W as any action taken by the Govern
ing Committee which determined what conduct
on the part of Mr.. Loubat was deemed by
them improper and preiudical TO the clubib
The second question was similar &" What conduct
on the part of Mr.. Loubat did you. as member Of
and prejudcial TO the club p" Another question
was =: For what cause did you vote for exDul-
sion y Another; Did you consider that i'm
proper language in private conversation at the
club was conduct improper and prejudicia
guilty of it liable to expulsion ?" Another
" Did the Governing Committee decide. what The
t he members of the Governing Committee who, Oh
the goth of MAY, voted for the expulsion of Mr.
LOubat y
There were several other questions of the same
sort Mr.. Carter urged the same objection TO all of
them-that IT was inquiry not into the facts as
they occurred at the meetings of the Governing Com
mittte and the action taken BY them but INTO the
motives aud reasons that actuared the members in
taking such acto..| That, he argued, could not be-
done. A juror could not be Gloss
examined as 10 the motives that led him to
give certain verdict ;nelther could Judge nor an
arbitrator be asked the motives for DECISION. The
same principle extended TO the Governing Commit
tee of such club. 1t was in ACCORDANCE with the !