New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-04-26
TIE UNION CLUB CASE ENDED.
MIR. CnoATE's ARGUMENT FOR Mr.. LoUBAT.

EIAS on the pAET OF MLMBAEs of I'M "''''
ING CoMMITTEE-TIIE WRONG MAN EXPELLED
A large number of prominent lawyers Joiileu
The Union Club delegation in the Supreme Court yeste
a., ,oo,pinr ia listen TO the concluding arguments OF
counsel IN the Iouhat Mr.. Garter occupied con
s,dcrahy more than the stipulated nan hour III pIss
his remarks TO an end not concluding until hair
IN honr before recess Mr.. Choate began a. soon
as Mr. Carter had taken his seat, ana mn
i<hca when the time came for adjournment, at o'clock
II, ms dc numerous witty references 10 the Union Club,
various members Of the Governing Committee and the
counsel representing the club, that kept the
a pleasing OF uninterrupted merrnent, Whhe LIS
Argument was conducted with such cleancss ana oroo
as to hold the attention OF every one present until 'ho
end.
IN concluding his presentation OF the case MI carter
,rsed hs; there was necessity for the committee 10
have given Mr. LOTbat any formal notice OF Tao cnI'
Iuale against him. He knew what they were without
any information. II there WAS any doubt IN MS h'u
inquiry was open to him. No natural sense OF Justice
Ioourcd that he should he notified. Inc speaker s"lu
,h.t no had intended TO 90 the English club cases
IN detail hut he would not There were only TWO "hsro
acknowledgements had occurred-tbat OF tisaef against
Kcan and n LabOuChere against the Earl OF Nharchc
I'm both of these cases az Teycd persons were e1-
pccd without any notice whatever. In concuuiDs' MI
Carter said that natural Justice satisfied when the
subcommittee had given Mr.. Louhat an opportunity ~
appear before them and submit statement Inc "cI' 40
set forth in the report M. Loubst did not dehS' W"
IOubat wanted a viudlcation ne "lshV So " -
conrt where he could any sum from SIX cents 10
$4,000.
MIR. CHoATE BEGINS HIS ARGUMENT.
In opening his argument for the plantii, Mt Ohoac
,aidtha he would feel pretty safe in resting MS case
without word in reply TO the opposing counsel lHe'
had argued the ease learned length aud win hoer
tne sound They had promised to shorten by DIVISION
os labor Mr. Robinson was TO address himself To the
facts and Mr. Carter to the law. They had done So anu
when the Judge had called their attention 10 INC po'
whose determination involved the determination VI 'no
case they had not word to Yes, they mad words pu
no idea 10 utter Mr. Choae protested against the sp'
in which the case had been argued on the
otner side II only references himself were considered
he thought be had right TO except II heSsrs. carter
and Robinson not b0th near and dear iehus Ie u
not know but what he would do more than protest MI
Robinson had characterized his conduct OIL the case d
Hppant and Mr. Carter had said that he was guilty OF
what amounted TO a Genteel species OF petfocgng ne
had been introduced the court as counsel VINO hau
nothing TO present but techncates and faWs 'hc pro-
ceedngs for expulsion. Tho Junior counsel had' he
Thought displayed great deal OF temper ana IeelS
AGAINST Mr. Lonbat He labored under the peculiar dis
advantages OF the lawyer who is his own client ana inc
client who is his own lawyer He had argued tn
case as member OF the club and the treasurer OF tue
Climb had said that he volunteered his services lie MA
thought il necessary to abuse Mr. Loubat ana had ap
piled TO him epthes which are seldom hearl IN court
of Justice aud seldom heard outside the Union tluo
T.
Ing his counsel petuogSer and trying 10 IoreS'1
the Judgment Of the court
Mr. Choate said he did not hold up MS cheht M SAINT
He was a man like other men, who had his faul'S ana
his virtues and IT, Mr.. ChOte added, be was allowed 10
90 outside as his friends the other side nal done 10
Illuminate the record OF Union CLUB governors ne
.onld noipt out long career in his clients
case OF private virtues and public services stated ~ us
fullest enormity his offence was that he had USED III
proper language In private Conversation 1here vas o
possibe harm done until tho outrageous TcPeuuoh DC
curred On another occasion Mr. Loubat had given the
lie 10 a man who deserved it, He had done ho'ulhS
,Shich vould he considered a blemish g"ntiemanS
character nothing which thousands of other gentlemen
DO not do and for which they suffer no punishment III
the present case the punishment had been terrible MOI
cents nor $40 900 could compensate him; not millions
oould repsy him for the gross injustice done him.
NO sLURs on THE UNION CLUB.
useemed TO be believed, said Mr.. Choatc. that be
had intended TO cast some slurs on the Union Nlup ~
was not So He might they were all MS 1lenu'' ne
know that the club embodied the wealth ana respect
ability Of New York 1t could crush him IN one moment
In had ony tried TO show that mans conduct IN that
club might rig Itfully escape the riga i
convention lie could not as far as Mr. Garter had
done in Subscribing TO me s9y ., f these he was
deceived for moment INTO cu tne ocii"i nscline
he s Re- Tfsd1 Knew ir0i thew we're great and
good men in the Union Club not pursnlnG PcInap' h
bctes objects Of which the human mind Is capable nut
rat and good men At play. There is fatigue uniform
Cir Choate called in a loud voice for member OF me
Starf and say that has never heard any lanqase
within club walls which would nor pear & @
Mr. ChOate rcpudated the idea th4t NE sske ioi ah
decision ON merely technical grounds and PRAYED the
Court he dill not show that his client hSa scain
him lie did not think he could present
Ms Ms PoS SSs Who southern man In fact he hal
never seen ease yet where personal 1teIihg wac e1c
noson II he was not thousandth part hi. own client MI
Choate thought, however that ne W"n ;d nd me
f4ctuay because lie had all the right on nus slGe, an TIC
proof was sufficient to prevail over the Judcl" hLuu'
BIAS on ROTH sIpTs.
Mr. Choata then launched into his argument MI Ioo
fnson had said that bias was lnsepalape ron Such
committee There was bias both sides, ana MI hoh-
tnson had thus balanced the committee rs though
tbsv ware dancing tho ti.htrope nsng the see-sa"
AZ Choate read from a decision Of Judge Van Worst
made in the preliminary examination descIloIiH inc
Of the committee as IN 'lo hae ~ eery Inie ~
fore the members acted as judges ana ny eNtl io
law kinsman of TurnbulFs should not nave Deen nes
cut In such cases OF coDsanguniiy bias presumed
~ va,, OF sxnn.on was thus nulihed. MOrcOvcI b.
n Brigtow who had been elected to MI vacancy on Nay
"a ON the committee not DO;llcd 10 ne present ~ W.
,aet,nn Mr. CLoate argued that Ee WAS legal member
nnder sny lust construction or the colsttutou ~
not make any difference that Mr. King had noined In
,bst his term began the second Wednesday Ia June M
King not the entire emp HId .Ui'a an1,Jv say
Ing amen 10 construction did nos maze eHctNe'
The Distinguished and ahl"e Sece!Sy S " the
tuition itself provides how the constitution may NC
cSsnaed Mr. ChoAte said they had no quarrel with
Inc club; that II full of friends 0 MI IOhD"t' ne
length INTO the argument ne i t
fyfcur or at of the actual members were necessary
liz contended that the committee had not pro
eeeded on the principles of eternal justice o w!hch inc
connsel on lie other side had talked so mucn ana Oi
Which he hoped tho judge would gave lhen
;esir stsaaSas ohIsr.d IN the ' hntdhnson
which he al the pTese nj one he knew Utmost
Inv heart 40 was thnger now, but no stronger judge
lawrence had demolished II OF one fell blow ana no" MT
carter req ppeared with Was there one law for January
and another for ApTilI One for room Is III the same
bnkiing and another FOR room 10 One aw by one
of the Supreme Court and another by snot9er JuGgo
Mr. Choas ,ad that his more inexperienced oppOucn
had made suggestion which his hoaiy headed a.socatt