Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-12-19
JUDGE PRYOR DOES NOT AGREE.
He Dissents With Chief.Ju stice Daily and
Others In the Diver Trial.
lNrav, ynrlr IJaral1


Police-Justice Patrick Diver Monday
faced the entire bench of the Court of
Common Pleas to answer charges of
having violated the laws that he had
sworn 70 support. lie had made no for
NAL answer until Monday, and his law
yers, ex-Surrogate Daniel G.. Rollins and
Abraham Levy, did not ask him to take
oath TO u general denial until after their
objections to the charges had been over
ruled by the Court.
Mr.. Rollins began to argue his motion
to dismiss the charges as soon as Chief
Judge DAILY and Judges Bookstaver. Bis
choff. Pryor, and Giegerich had taken
their places on the bench.
The first charge was that the Justice
had been hobitually negligent, careless.
and Inefficient, and had attended TO busl-
ness only fifty-six days between January
LIST and November 10Th. For aught that
appeared BY the complaint, said the ex-
Surrogate. the Justice had been able 10
transact In fifty-six days all the business
that devolved on him.
There was no allegation that the busi-
ness of the court had been neglected
There were no specific charges OF care
lessness or inefficiency. only the general
statement sworn to by Mr.. Hale on in
formation and belief.
The second item In the complaint was
that Justice Diver had not properly per-
formed his duties, and had imposed SEN
fences without fair trials Mr.. Rollins
declared that in the impeachment PRO-
ceedings against Judge Barnard, of Inc
Supreme Court many cases had been
specified I'm which unfair conduct was
alleged. Mr.. Hale did not say how JUS
tice Diver had failed to do his duty,
or when and how he had tried cases i'm
properly.
The efficiency of the Justice was said
TO have been impaired by his public brawl
with Tekulsky, but there was nothing in
the papers TO justify the inference that
there had been a public brawl. or even
an unlawful assault. plain assault
would not form a ground for removal.
and no testimony relating to 1t could
properly be received.
The third charge was that he had Offer
ed reward 10 the captains and leaders
OF the election district OF his assembly
district TO incite them to roll up large
majorities for Tammany Hall. This Is
not at all pertinent to an inquiry OF
his fitness TO perform his official duties.
The fourth and last charge was to
Mr.. Rolllns's mind absurd. 1t was that
before becoming justice Diver had
associated with Edward Parmely Jones
and kept the roll for the green
goods" gang, and that through his asso-
citation and affiliation with the criminal
classes he had lost the respect Of the
public. These statements were denied.
but they were not relevant.
BELIEVES EVERY WORD.
Mr.. Hale. in reply. took up the last pro-
y
to use reason and common sense. An eff
cient magistrate must know right from
wrong, and have good moral ideas. II he
knows nothing but oppression and spoila-
ton he is not competent TO administer
justice Taxpayers employ him for certain
functions, and II he has no moral sense he
is useless to them.
Mr.. Hale declared that he believed every
word of the charges to be true, and that
the reality was twice as bad as the
allegation. The judicial ermine had been
dragged through the mire and disgraced.
Mr. Rollins, he said, had failed TO urge
what was probably the most serious
technical objection TO the charges-that
they had been signed and verified only
by the attorney in person.
He said he had one additional charge to
make. based on information received since
handed II to Judge Daily. II read:
'That said Patrick Diver has. prior TO
and ever since his induction into the Office
Of Police Justice. systematically and
habituaily conducted and abeited the false
and fraudulent registration OF votes.
and false and Illegal voting. and frauds In
making returns OF the results OF election
OF national. State. and city officers In
the city OF New York, at general cleo
lions. In violation of his oath OF office.
and OF the provisions OF the statute under
which no was appointed as such Police
Justice, said Diver induced one Charles
Harris to register as voter In October.
1892. ut seventeen different eiection-dls-
tricts In New York city"
MUST STAND TRIAL.
The judges took nearly two hours time
for consultation, and then returned to the
courtroom. and their decision was made
public by Judge Daily. He announced
that there had been diversity OF opinion
on the question Of the verincation Of the
charges. = He had examined the case
Of Hoodgood. tried In 1850. aud also the