New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-11-05
ANOTHER PARKER LEGAL BLUNDER.
COMPLAINT Dismissed If Bill of Particulars
Is Not Forthcoming.

To the Editor Of The Tribune.
Sir. In YOUR excellent summary In The IT'D
une on Monday of the misstatements. ignorance
and blunders Of Judge Parker in his discussion
of the issues in the campaign you ornlIteo u
note a most remarkable display OF his Ignorance
Of both common and statute law IN MS speech
at Esopus on last Friday, wherein as reporteu'
he ATTEMPTED to correct Senator Knox Of like
error in defending the Republican party against
the charge now worn threadbare that MI
Cortelyou is receiving campaign Contributions
from the trusts
Judge Parker says: Senator Knox has been
at some pains hitherto to prove that with ali
his learning, he does not know all about the
common law. It hardly seems possible, how
ever. that he does not know the rule that ale
cations of the complaint not denied by the an
swer are thereby admitted. He does not deny
nor could he-that these contributions were
made If he could have done so, of course ne
would If he can do so now, he is invited to-
Now the Democratic party from Judge Par
ker down to the bowling ward orator, especially
in their journals like THE Times" and The
BROOKLYN Eagle" which have hitherto been
deemed fair to even political adversary, have
for many weeks asserted and reiterated-as II
repeating falsehood could strengthen it-that
such contributions being improperly made,
and although the leading Republicans ana all
their Journals nave made denial Of these charges
and demanded specific instances of such con-
trfbutions, none have been forthcoming-not
single fact Of even trihing significance has been
furnished
The rule of law referred to by Judge Parker
is quite otherwise than he would have US be-
leve; It is that when general allegations OF
wrongdoing are set forth by the plaintiff the
defendant may, and almost universally does, de-
mand a bill of particulars, in which the plain
tiff is required to state all the facts, including
not only dates and amounts, but the parties to
whom the alleged payments df the action IN
cludes money paid were made, which bill must
be sworn to by the plaintiff as true Until such
bill of particulars is furnished the defendant
is not only not called upon to put In his de-
fence, but If not so furnished in a reasonable
time the plaintiffs action Is dismissed. OF
course Judge Parker knows this is the law, and
on the bench has probably aided in enforcing
1t IN hundreds Of instances, IL being in many
classes Of action Of the rules almost always
invoked by the defendant.
Now, as the Republican party has repeatedly
for weeks, called for the Democratic bill of par
ticulars against Mr.. Cortelyou, which has not
been forthcoming, because the complainant has
case, IT is certainly not asking too much that
they should at furnish the particulars or
forever after hold their peace.
In the same speech the judge tried most in
effectively to crawl out of the hole In which
Senator Knox put him on the question OF the
common law not furnishing any adequate ground
for suppressing trusts, and which he substan-
TALLY admitted by repeating that II his view is
a mistaken then I (he) will favor further
legislation" etc Why do not some Of the many
highly learned and brilliant members Of the
Parker Constitution Club who are wasting val
hcans, either stop the judges swinging round
the circle, which is now under way, somewhat
after the manner Of their candidate In 1868 or
else revise the legal parts of his speeches that
they shall not contain fragrant errors, hardly to
be expected from one who. according to the
solons of Tammany He'll. ranks among the
greatest Of living Judges?
REUBEN H. UNDERHILL
New-York, Nov. l. 1904.