New-York tribune., 1886-04-21
coNDUCT OF rJUDGEDONOHUE.
.v OPPORTUNITY FOR AN EXPLANATIONS

- The occasion was the special meeting to hear tho
crt OF the Committee Grievances on the charges
,.,erred against Justice Donohue, OF the supreme
court, by Francis c. Barlow aud others
r,. audience entirely lhsui-
liant TO accommodate the lawyers. WHO crowded iho
Az, ,obbes and occupied all the standing room Ihc re-
mort proper OF committee was brief IL merely re-
,,ed the presentation OF the charges. the iact 'hl'
Ju.tlce Donohue had sent coonsei u ",N
nat they be fully Investigated, that tho
conl be granted the opinion that the ohfgos "0
vtrue we're such as seriously affected the aamn'Si'
ton OF Justice and should be Investigated Dy 'ne hos
,a,ure The charges we're in the form of petition TO
.na 1egtsature which was signed by any one; Dut
rorded 70 was letter from several lawyers Gaming
,he attention of the committee TO their serious character
The discussion that followed the submission OF 'he 'e
mort wa, so animated at times TO become almost acrl
,non,ous large part OF the members thought thaV IL
unfair TO the Judge that the charges should be sub
,o,,ted TO the Legislature and so out 10 the WorIu
with tho sanction OF the association without
giving the Judge opportunity TO DO hcaiu
The supppoters OF the scheme against nm .,
evidently determined that the resolution onv'.
recommend that AN investigation be had oy 'o , A.,
ture should be rushed through the assoo'A J., - o,,
<,,o., Nr MCFARLAND and several others maue d" up
neal for fair play that had powerful eneo" go,
hour a motion carried tnat the ih"''e' " So ,
n the committee with instructions TO give the
Irstice An opportunity make an explanation II he ue
sired. -. , =,
Ex.Judge Henry Z. Howland presented inc report VI
,he Committee Grievances in regard 10 'he cha'sos
.ca,nst Justice Donohue. 1t was voumihous PrcsehV
ng the accusations set forth in petition TO the Legs
,atpre askng that his official conduct be nVesuea'eo'
The charges based upon the action OF justice poho
,ra IN the following cases The injunction granted by
him ON June 2, 1850, restraining the fonco 0on-
ri.sioners, at the suit OF inc A"elioah
Jockey Club, from interfering with the pooK'
.rors at Jerome Park. the hearing on when
O. Wh
var the Injunction granted September a. 1ssl IN
simlar action by the same club by which the DooKmak
r we're enabled TO ply their vocatons at Jerome farK
during that aud portion Of the succeeding season. the
Injunction by which the police were prevented from h'
,.rferinc with Dookmakers at the walking match AT
Mad,son SQUARE Garden beginning on February 27,
1880. the Injunction by which about May 26. 1883
the police restrained from interfering win
hookmskers at Jerome Park until November ii, 1880
,bsnunction restraining the police from interfering WIN
@ baseball game on Sunday in Kings County, granted
lime Ia lss4 the injunction granted January T. 1856,
restraining the police interfering with the sale OF
uouors In connection with an entertainment al Maosoh
souare Garden; inlunctons OF like character III re-
gard TO two French balls at the Academy OF
Mu,ic during the present winter; three
ninncons restraining interference with the sale OF
ronor at three liquor stores the contempt proceedings
IN the case OF Charles j. Wetmore and the proceedings
by which Is claimed that the Judge in the case of
Msloy against Duden, Freres x Co., by vexauOus
inrssdiction The committee reported that these
cbarges had been presented 1t and considered and
that ex Judge William G. Choatc had appeared ana on
behalf Of Justice Donohue had asked for hearing ana
that the complaint was one Affecting the
interests OF the legal profession tho prac-
tce of the law and the ADMINISTRATION
otiustce Finally. the report recommended that the
association present the charges to the Legislature and
ask that an investigation DO made and that the AS
socation inform Justice Donohue Of its action.
James c. Carter moved that the report be adopted
He need not in view Of this long and most dsgaceiul
r.c,tal add one word impress this body with the
necessity OF thorough legislative inquiry into the whole
matter 1t would appear that Judge OF the
preme Court had deliberately, as were
set himself above the law They all Kew
that criminal justice should be left to execute itself
without any interference from equity courts Enough
was certainly no before them to them to action
II was one of the principal grounds OF organizing this
association judicial wrongs needed to suppressed
and that by union they might suppress them iney hau
assumed II as duty to look into charges OF judicial
misconduct With the pain he had taken part In
nroeeedngs dscreditable TO Judge Donohue with whom
fe had long had pleasant relations: , ,,o rooa,c o-
this report specific facts in the charges were before
onaS%s e and was not even acting az Grand Jury
was simply in tsHs seo PsiSo testimony " With i"s view
10 indictiDg the Judge. and this. although
any OF the members could go ana lodge cr,mhsi M
association was 10 present prima isele case On udss
Banards trial his counsel e s crss ,na and sde
meanors but II held in that case that judge couid
S Ss % hS st Vas where
mitled dishonesty or r.ckes.y he was guilty
Judge Donohue within this rule he were found
Gus because the had jurisdiction and because
they were plainly and grotesquely improper ,
nss sseei seemed to him little Extraordinary. 1t
unusual OF charges. The argument was set forth
expressed And seemed hardly fair TO assume that
Judge was IKE mat n1S %, %GSe aaa ha
all Justice These charges seemed TO have been
made without any investigation lappiauseI ana were
hIs Iowland here read the name. the
~ the charges Mr. Marsh said that glad to hear
the names OF those who had prepared so able aTeport
allowing greater iaT} NV WIN ,hoSgs pSN h ane Soay Ws
ike grand jury. and was unnecessary here to adopt
e rsrSls Wanted ~hSn so know whether Judge
been Informed Of these charges he ao9gnt the
fore legislative committee In the nrst instance. u ne
ae 1St ses or a @ i9s out Of his action he had
thing in money. fame or frtenashi9 tAPpause or,s
true that these called charges included considerable
argument They seemed to have been sk9y 9 0 aeysSa
what pressing need there was just before the adjourn
the Legislature iST gathering as'' sss .s
ending the present LEGISLATURE began its session
s S o. Sa %.@ sae
the motive had created this movement at this time
there was warfare between the Democracy
leo by Mayor Grace and the Iaminahy nan DenoSfacy
10 which Judge Donohue belonged. lie didn't wish that
this association should be mixed up In any contest OF
that kind II occurred 10 hm that the committee OF this
body could get AT every fact and witness and paper
beating on charges without their going before the
Legislature. He had no reason to defend
Judge Donohue. He had been beaten by him In way
that seemed peculiar (Laughter.l But IT seemed 10
him that at this committee OF this BODY should
make investigation and report AT Tie hist meeting III
December .
W. w.M cFarand said that this was as impor
tant a subject as could DO brought under
judicial cognizsnce and the members should
proceed calmly. He not here an advocate OF
Judge Donolue who had granted him favors and had
OF him. How had these charges come before
the asociaon Certain had been presented to
gentlemen who had signed them without saying |
they true. but assuming them to be