New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-02-11
AFTER w. III. PECKHAM.
FRIENDS OF JUSTICE FITZGERALD TALK
OF CONTEMPT PROCEEDINGS.

Maurice B. Blumenthal, Assistant District At
torney. who during the last campaign was chair
man of the Committee Speakers for Tammany
Hall, said yesterday that meeting OF lawyers
friendly to Justice Fitzgerald would be held some
day next week to prepare contempt charges against
Wheeler II. Peckham. whose statement last week
following the action of the City Club Is construed
by the friends of Justice Fitzgerald unjusfi-
fatle attack on the Justices integrity. Mr.. Peck
ham, it may be remembered said that he mad been
informed that after Hugh j. Grant had been chosen
by the lawyers in the Brooklyn Wharf and Ware
house Company receivershp. Justice Fitzgerald sent
a messenger Mr. Grant asking him to come to
his house and him. The City Club has decided
investigate the whole transaction. with the in
tention Of instituting impeachment proceedings II
the facts warrant them. All this has made the
friends of Justice Fitzgerald exceedingly angry.
Mr.. BlumenthaI yesterday at his office
in the Shoe and Leather Bank Building. and said:
A conference of lawyers was held here yesterday,
and definite action may be expected next week.
these periodical outbreaks of socalied righteous In
dshancn on me part 81 the Sdy CISo ~ Is pGreS
one in particular, who thus indulge in wild aceusa-
their action The motives of a Supreme Court
Judge should not be criticised or impugned except
WneTe mere is clear case against MIN Justice S
fIzserad In the Carroll matter exercised hIs JUDI
was not alone his right to refuse to appoint the
gentleman selected by the directors and stOckhOld-
absolutely disinTeTested in the iitigation MIR Car
roll Is. so far as know an honest and capable
gentleman. despite the suggestion OF the lawyers
representing the company. The rights of the cred
itOrs TO be regarded.
Judge Fitzgerald very properly decided he did
by inference that the choice any class in
terests without consulting all the other interests
should not be regarded. 1t is conceded by all the
parties, even by the members of the City Club,
that Mr. Carroll is emtnenty fitted to discharge the
duties of the office of receiver. Mr. Peckham says
that ne has an informant who says Judge Fitz-
gerald caused a messenger to wait on Mr.. Grant and
request him to interview the Justice before his
(Grant's) appointment would be made From the
tenor of Mr.. Peckham's remarks ii is fair TO
clude that Judge Fitzgerald desired the interview
with Grant with improper motives in his mind
This statement of Mr.. Peckham's if untrue. is
SANDER per Sc. and we appreciate that Judge of
the Supreme Court afford undignify himself
by entering into personal encounter with in
dividual citizen who deems it proper 10 vilify him
But we feel that the integrity and purity of the
Supreme Court have been assailed, and that Mr.
Peckham should be compelled to apologize to JUS
tice Fitzgerald unless ne make good his
charges.
Two years ago. when the Bar Association took
action in opposition to Mr. Leventritt Tammany
candidate for the Supreme Court bench Mr.. Blu
menthal and others set about organizing rival
bar association. Nothing heard of the
citation after Election Day.
II believe in fighting for the under dog, said
Mr.. Blumenthal yesterday, for IL is my opinion
that the under dog is almost always right"