New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-12-07
MIR. HORNBLOWER ATTACKED
Z A DECISION AS REFEREE CRITICISED
THE COURT Of APPEALS CALLED 1T ILLEGAL
AND UNJUsT-AN EXPLANATION By

AND UNJUsT-AN EXPLANATION BY
FRIEND OF TIE LAWYER
Onoosit,on to the confirmation Of william d.
IYornb,oyer as a Justice Of the United States Su-
preme Court Is being made by several persons "o"
on political and professional grounds Inc "i'''
Cleveland Democrats are opposed 20 MI" ooO"
r Of the action which he took against lhe De'o
cratic machine some time ago. Dut he"i'e -
Day who Is one of the executors OF inc eS'a'e
Of Cornelius K Garrison, has published ana Is CIT
3 cuIating a pamphlet attacking Mr. lornDiower Oh
account of a decision which he made as referee
2 IN the case of Clark r. Griggs against MI Day
and others as executors of the estate Inc pam
phlet rehearses the history Of the case "h'c"
briefly Is follows:
nm January - 1881 a quit was begun In the
supcrior Court here BY Clark X. Griggs against
Cornelius X Garrison. Garrison dicd on May l.
1885, The case continued against MS executors =
On March 49, 1884, the was referred 10 f'astuS
s. Ransom but on January 8. 1855 Harhitoh oueii
was substituted as referee. on March D. 1882 Mr.
Odell made a report upon which judgment was
entered in favor of defendants upon their asserted
counterclain for s919ll3l a. The plaintiffs APP
pealed TO the General Term which granted new
trial of the
80" Ms HORSEPOWER MADE EEFEEEE
On February q. 1891. 4 new order OF reference
was made to William Il. HornbloVer. lie ind'e
a report upon which judgment was entered on
Tho defendants thea appealed the case to the
General Term which 'p- o forma" and "per curiam,
affirmed the judgment. The defendants appealed
to the Court of Appeals which gave an OPINION
reported in 1876 n. y. 49,
Griggs in 1879 made i contract with the Wheeling
and Lake Erie Railroad to construct certain num-
Der of miles of road, and Garrison furnished the
money for the work taking as security the contract
with the company AID quantity OF its stock" ana
bonds. Garrison was sued for the difference be
tween the face value Of the bonds ana the amour ho
at which he TOOK them as security IN the
Court CT Appeals the decision of Mr.. Hornbower
The opinion was written by chief judge Earl and
all of the Judges concurred in the olinion except
gard to Mr. Hornblower's decision the presiding
"a careful study Of the record has satisfied me
that the judsncn, appealed from is both Illegal ana
In various other particulars the Court Of Appeals
criticised the decision Of the referee; ar. Horn
action agreed 10 This but the plantTs attorney
endeavored to have the referees charge become Il
part OF the judgment. The Court of Appeals re-
fused TO make the amount part OF the judgment.
SUCH WORDS NOT UNUSUAL
man associated with Mr.. Hornbowor said re-
garding the pamphlet: This case came before Mr.
H6rnblower referee on a second trial. y decision
Of the General Term is necessarily binding upon the
referee before whom the comes for u second
trial MIR. Hornblower followed the rulings OF the
General Term as he understood them. HIS judgment
being appealed from. the General Term, composed
OF three of the abest judges on the bench affirmed
his decision. not pro forrra, but in i per curtain
opinion rhe language Of the Court Of Appeals in
commenting upon the opinion OF the referee Is no
more emphatic than is frequently round III 1uulclal
opinions where judges differ TO the law. The
attack upon Judge Gray. Of the Court OF Appeals,
seems to call for particular notice except a ue-
Mai chat there was any special intimacy or friend
snip between him and Mr.. Hornblower 1t Is not
true as stated IN the pamphlet. that this was MT
IIornDlowers first appearance as referee before inc
Court of Appeals. He had acted as referee IN many
cases. and had always been affirmed with this eX-
ception."
Washington. Dee. (SpeciaD.-rhe nomination OF
William b Hornblower to be Associate Justice OF
the Supreme Court the United States was sent 10
the Judiciary Committee in executive session this
afternoon. With L. although not sent there by the
Senate goes mass Of testimony said to be highly
derogatOry TO the judicial attachments OF the man
appointed 10 so distinguished position as place
In the highest court Of the land.