New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-02-04
TWO VIEWS OF GEN. CUTTING
AN corprRr AND JUDGE DAVIS SPEAK.
-, ,,>,oy o,un-THE OTHER Is SHOCKED
At rag TERRIBLE MIsDoINas OF

ia ond q refined face and with q courtly man
nor rose near the wall and bowed to the Justice,
;rd,catinc that he was ready. This was Frederic
n Coudert. A larger man, with smooth FACE, we'll
cbiselled features and shrewd manner sat near by
lie seemed to think it unnecessary to go through
the loud-toned formality of preceding lawyers
who had promptly answered ready. Still he was
ready to proceed, and he finally rose and got
rood front seat beside Mr. Coudert This was
M-Justice Noah Davis.
Mr.. Coudert was on hand to argue why, in his
opinion, the temporary injunction obtained IN De-
half of General William Cutting restraining the
Governing Committee of the Union Club from
taking action on his expulsion, should DC maui
Nruun,nt pending trial. EX-JuStce Da,is
represented John j. Townsend. the president Oh INC
c,nb and the twenty-three other members Vi 'no
Governing Committee.
GENERAL CUTTING PATIENT LlsIENrh'
General Cutting was present. lie look se"V
close 10 Mr. Coudert and was close ana p"uon'
listener until late in the day. Ills shoW-"h''o ",'
and mustache set off his ruddy face to good ad-
vantage. He was subdued in manner ana seemed
weighed down q little by the situation just at
his side sat a heavily built man with iron gray
hair and mustache, who nursed heavy gofd-
handled cane This was Robert L. Cutting, zen
eral Cuttings cousin. VILLAIN Oultins' ~, nI0
up group of three. he room was hHeo ~ ,i In
Club ,;, h, reading ,cl,ot
he considered essential parts o, tnc ooI Tenn =
General Cutting and of the aihdavlt oi 3ot ti ~
Burriu General Cuttings counsel III inc h,isauIoii
brought by Mrs. Lydia S. Cutting Inc learne1
lawyer interspcrsed his reading WIN nnm as
vixScious remarks Ills manner WIS caiih' do
usual but he often gave way TO nVeiy saiiles, 20
necialy when lac had occasion TO refer 10 'e Ioi 5
sdeate treatment o. Teet G,yeInr on the superior
virtue of the organization as he TOOK occasion 1i ~
put it. Mr. Coudcrt sad there was piI ht,~ocn
little dispute about facts and the ISSUE S vi
himself and Judg. Davis would be cohhleu Pioo
ably to deductions from these facts ana 70 q"''-
tiOns OF law. -, ,oirt ,yas
Voluntary organization and was not OreahiHSu
under general laws or charter as may ,; I'll
were. Membership in II was eSao,I "ants Stood
rcodv 10 enter il. - II might not ne anllss,
said MI. Coudert. Ito suggest that II so many
persons were not anxious to get IN, tne ci.ip
would not be SO eager to get flu vi "'n'i"'
Cutting
ASKING GENERAL CUTTING TO RESIGN.
Mr. Coudcrt read the resolution of The commit
tee on December IA requesting General Cn..'n ~
resignation from the club and declared tn"V 'ii'
committee in so doing had preJudged the c"'e
and entered on a course when necessary Fly I'Id
in expulsion The final demand that ne sII had
how cause why he should not he eApeHcu H'u
been preceded by no due notice Genera" 5 ~
ting had properly replied on January ~ ucclin ,
ino In resign Then il was charged that Uehcral
~ ~ had not resigned when judgment on
Referee Coles report was entered anu .i''' Mr.
Condcrt declared that those two charges NSrS
true General Cutting must have oeeh eApeiru
on them Such charges preciuded an a., eA Smdine
ton of the merits of the case. As 10 me hn.nne
of the referee that SCI 700 was due TO the estate
from General Cutting, Mr. Coudert SAID: T..
Whv s406,sOO of that was interest: IN
roint of fact he owed the small sum of SlloOOu
and this on interest compounded al anu :
per cont If ordinary rules GI a and nt Cen
aDplicd to this case il would he louhd 'hau uen-
e1ai Cutting instead Of being in debt had large
sum due him. But for the rules adopted agaiis1
him by the referee who excluded the real estate Ee
in General Cuttings hands. he would not nave
been found in debt to the estate
READING TIE ANSWER OF THE CLUB.
Ex-Jndgc Davis. after Mr.. Coudcrt had fin
Sled reading the complaint and affidavit read
the answer set up by the Governing Committee,
DENYING that General Cutting was not guilty
OF conduct improper and prejudicial TO the club
md combating the complaint III the points az
issue The club, il was set up, had the right to
determine what was improper and prejudicial
to it in the conduct of members. The counsel
took great pleasure in reading the findings OF
Referee Cole setting forth the various sums az
various dates in the hands of General CUTTING,
from which he had applied sums to his own use
and particularly dwclt on finding forty-eght IN
which il WAS stated that after settlement ana
- The handing over Of various sums ana after ire
payncnt q 81. 2SO.s1S "a. as the proceeds Oh
Wabash bonds. General Cutting still owed the
eSt9 O.
." So this SCI O,AOi 80 is the sum due after the
proylous paymcnt Of a very large sum Such
facts rs those laid by the House Committee be
fore the Governing Committee led to the request
a The answer further set mp that General Cutting
had violated his trust and the laws of the state
and that this voluntary club of gentlemen had had
Sufficient cause TO call for the action OF the com
mittoe The Governing Committee had power to
nor and in GOOD faith and" as matter ol KIND
rc,s 10 the plaintiff aud with no desire to deprive
him az his legal rights had given him an OPP
portunity TO resign.
AsNRclsrIC SMILE FROM MR. coupFRr'
General Cutting who was listening closely to
this. said something that sounded like nonsense"
to one near by and Mr. Coudcrt smiled a sarcastic
smile The answer declared that General Cutting
would have had full and fair hearing before the
committee, and all prejudice or prciudgng the
ease was denied
Nr. C0udcrt entered his argument after re-
cess and h& took up the answer with sarcastic
gus:o The committee. he said had not been
charged with wilfully intending to wrong General
Cmtine hut it Mad committed gross error; II
had acted under ii mscOnccpti0n of its duties; II
had thought il would he good thing TO get rd
of General Cutting. but in doing il it had not
acted according to methods Known III the courts
OF this and other countries. Inc answer was ms
leading because il meant that the referee had
found fraud. Mr.. Coudert closed an eloquent
poiod with these words If they treat their
fri 1ds in that way in the Union Club, Heaven
save Us from such friendship"
AR Coudcrt contended that this was case IN
ureyeu. Injustice There was nothing novel in
such on injunction. General Cutting was en-
titled to fair hearing. but he could not get II
from a committee which had already prcjudgcd
his
Justice contend that these gentlemen
have squalfod themselves from Judg ing IN this
Mi Coudcrt-I they have so far as 10 declare him
ruity do 70 say that If they ohlrged him with
derauding body they could net him. hat he would
hav much chance them they wanted get nd OF
him don't tnnk any ono would have much chance
rsfs te
and that hearing. After General Cutting decided
to1e,ign the step taken lie declared guilty
In not his membership when called to 10 aud
Tho resolution Of expulsion was adopted
insisting THAT INJUSTICE HAS BEEN DONE.
Mr.. Coudert insisted that the Judgment on the
raoor. Nvas mt III Gf.,onf 10 m la Ganaral