New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-04-13
CHARGES TO BE EXAMINED.
THE wEsTBROoK-wARD SCANDAL.

A THREE HOURS DEBATE
iFRoM THE REGULAR CORRESPONDENT OF THE rRBuSEI
ALBANY April 1.-THE Assembly was the scene
to-day of the most dramatic debate of the session,
the exciting cause being Mr.. Rooevefs resolution
instructing the Judiciary Committee to investigate
the conduct of Judge Westbrook OF the supreme
Court and ex-Attorney- General Ward during the
trial of the suits against the MAN
haitian Railway Company last spring.
For three hours member quickly succeeded member
tutoring an expression of opinion on the resolution
the Assembly meanwhile listening with deep atten-
ton to every speech This shows an interest in the
subject rarely given to any that comes before the
Legislature for consideration. Before the debate
ended nearly every member had committed himself
either by vote or speech in favor of the resolution
and il was finally passed by the large vote of 1Oi to
G. The friends as well as the opponents OF the ac-
cused men were among those voting in the afirma-
tive, stating that they did SO to enable them to
clear themselves of the charges made against them
Mr. Rooseye called up his resolution out of the
regular order of business thereby passing the
measure through the ordeal of securing majority
of two-thirds. His motion adopted by n vote
of 90 to a. the persons voting in the negative being
hhoara Alvord, Campbell, Cleary, Cooper. j. j. Cos
telIo, Harris. heyes. Moses. Murphy Parker Stanley
Street. Van Orsdae, or ten Democrats and four Re-
publicans. TIE debate then began 1t was marked
among other incidents by the reading by Mr..
Moses, of Allegany County, of the following from
ex-At orney-General Ward
If the Legislature thinks 1t has the power 10 inyes
gate the acts OF all exSatc officials and uses 1t to sub
ject to the expense of legislative investigation,
shall submit not doubling my triumphant ylndcation.
Mr.. Avord opened the debate with the charge
that the " hole investigation planned was due to
newspaper clamor. In his opinion every newspaper
printed IN New-York City " controlled
from Wall Street, If he had been Judge
Westbrook he should have come to Albany
long before and demanded trial and vindicaton.
He woud predict that the men who had gone " after
this wool" would come back shorn." Mr.. Sprague,
of New-York, followed with Speech in ~hich he
detailed the various charges made against the ac-
cused men, and argued that they were all well
founded. lie charged that there had been d" q base
and corrupt conspiracy of Wall Street men, who
found easy and acile tools in officials of the state"
In his opinion the charges definite as those
upon which Judges Barnard, McCunn and CardOzo
were impeached. He continued: "A Judge of the
Supreme Court has certainly made himself amen
able to the charge of having been influenced, not
necessarily by pecuniary methods, but by Others
really as powerful. A judge who appoints his own
relatives to office may not be guilty of mafeasance,
but certainly his acts of gross improperly.
Tic mas DteH guilty. VI "a pcINcISioH VI po"cIS
Mr. Sprague then criticised the acts of ex-Attorney
General Ward.
Mr. Brodsly, of New-York, came to the defence
of the accused men. He replied at length to all of
Mr.. Sprague's criticisms. arguing that Judge West
brook and Mr.. Ward had acted throughout their
connection with the Manhattan cases in upright
manner. He denied that Judge Westbrook gave his
chief decision III the Manhattan cases in Jay
GOulds private office, asserting that ii given
In the directors room of the Western Union Tele
graph Company. Mr.. Brodsky read his speech. so
that it did not have the effect it would otherwise
have had.
Mr. Benedict of Ulster County. said that as a
friend of Judge WestbroOk, who lived in that
county, he would ask investigation for the
Judge In his opinion gross legal improperly"
was all there is in this case" 1t was unfortunate
that Judge Westbrook had not cOurted investiga-
ton. He continued; People that know Judge
Westbrook will not be surprised at his conduct. He
is very tmid man. moral coward in such a case
as this. His timidity has brought this investiga-
ton to its present position" Mr.. Hickman said
that he thought if, asserted by Mr.. Benedict,
Judge WestbroOk was a moral coward" it was
high time he was removed Mr.. Hunt said that it
looked as if under the fire of law suits the sock of
the Manhattan Railway Company had been run
down to a low point and then bought in. 1t was
the duty of the Legislature to sec
if Judge Westbrook and Mr.. Ward
were responsible for the operation. II was
lamentable to him that such serious charges had
been made against a judge of the Supreme Court,
Amasa J. Parker jr., of Albany defended the ac-
ton of Judge Westbrook He thought it singular
that such grave charges had been permitted to
slumber during most of the session of the Legisla-
ture, and then had been called up just as the adj
jOunment hour was nearing. j. W. Higgins
then SAID:
am less inclined vote for this resolution than be-
fore had hoped to hear definite charges. What
is the charge against Judge Westbrook MIR sprsgue
says the orders OF Judge Westbrook inconsistent Is
judge bound to make his orders consistent Suppose
Judge Westbrook did think this corporation a swinde.
ne ma! thhk 50 toiy buI IL ATTORNEY ward,
what could Judge Westbrook do The more these
charges investigated the think Judge West
brook is innocent Inc only thing can say Is that
Attorney General Ward did not represent the people
rghtfully am not prepared TO put Judge WesibrOok
the grdiron Of public condemnation on these chaigcs
Pause long and consider tins matter well before you 20
ahead w1tnit.
Mr.. Haggerty then said
We all know character may be affected in general
conversation without word being said A shrug a
wink, Will affect character am profoundly impressed
with the idea That Judge westbro0k has reached bad
would compel me to vote for these resolutions. What
harm can come to this judge by this investigation
here, the sklful men Of the Assembly have dumb
Poverty OF character has made man poor, aud 1t
that Judge Mestbrook occupies position the greatest
poverty to-day. There time when Judge would
have rushed here and demanded investigation. A
cloud Of darkness settling down Judge Westbrook
think are doing him Kindness TO grant him
yestigaton. think The charges sufficiently definite
sufficiently strong To merit investigation.
General Sharpe then spoke as follows:
We must admit that repeating ourselves 1t has
been said that IL difficult for to explain the position
of Ulster members We unwilling to be either
prosecutor or defender OF these charges The
has assumed an unfortunate shape shall not At
tempt to defend position by assailing the
news papers. 1t is impossible that the entire
press should be corrupt 1 Will admit that
these charges not specific former cases
1t is mistake to say that these charges are not definite
enough. They definite and serious enough wnen
made by member of this House.
here are w hiram hes Ia