The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-05-12
LAWYER WROTE IO1HBJ JUDGE,
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yestefisg w IN Aegsiiais tqVlslu9 ~ M
NttfaHse ce,tVi fHy EfiifHe n fgivste ls''ef
W ClfY fetgf Itssfies FgseNia n lNiehfHty
see,talHa hlas N egphHsKre sha aufslfhesa
laths esNshsct eftesisle Wtirh ~ aaHhelia
vss lAfsfpafasl
MaNhsln s6d NJ ffleesls apemef ~ 'hinh
yesfsNtay ihaf ~ sctIuH N the ATIHltaes
Wvtaloa N mafpIy fNpplmMHdlaa hitn Naa
N lsa@ 4 Fsstial vicsofy, Aad thsy tslnted
sith NWlles ~ eeftalA santeheea N the
e0uft'A aplHloe Ttsy a~erNfted ihst tho
ccagt had clravly retWtRed I'M jusicca ~
ths tieg totet who unltetf IN IN application
Tor Nanhasng'a punishment The least thae
ne tity Court Aieelc~N hal eseerted, u Wa
assa, was thas maAhsim Ncald 10 discis
plined ~ s~ispenslos foS ste months o. N
Maah~im has been practising lac Tor
ninessen yraFs, end much ~ HE psaeticr 10
h ths tity court On fccember : laes he
appssrSd for tho plsintiR IN M"ysfhcH ~
Hahar, with Adoiph Cehen and Mas H.
Steuer for The defendant assuer has long
made q spscialty ~ CITY Court ltlaatlon
The csss cane bsfoss Justice Delahanty
and . Jury, and on ateuer's motion o ver-
diet was direrted for the defendant. Nan.
helm protested againat this, and whrn the
nsx, csas was called. Edeistsin ", Rubin,
Q similar action With The satne counsel on
either alds. Mannheim declared that hs would
not proceed with the trial, ne I've believed
Justice Delehanty 10 be p~rejudiced aEains,
him. The caes then went over.
Next day Manhsim sent q long ~ ps-
written letter 10 Justice Delehanty AZ his
home, 40 West Twelfth street.
II 1ka tUtHae D.. sf.Nsl ek.s .kas - haA
aid an onor o,,,r, did no, IN any raa.,,r.
-. "a. 49,. ...u... -,
- l.u.,,.L o. - ar -. ..s.,A,oa
.- $500
aHan"s' MN wa7 hS " oe"'i' Nv rIu'
that Justioe D~oiehanty teit 20 strohBiy
against him personally that he would see
every point OF law raised IN q tfiaI ron the
STANDPOINT most uniavorable 70 Manheim'
Tie added:
IL Ia common knowledge and feeling among
the members Of the bar and q large part
OF the population Of the city OF New York
that " a litieant desires 10 come into court
under most favorable and gracious auspices
his interests would be best subserved by
employing certain counsel. And for that
reason a great many lawyers prefer TO en-
gage such counsel rather than try tho case
themselves. .
] do not wish 20 be like jerome. crlticising
pTOUllotuOutly, uuu 4 tApItbbls Nlnn 10 btuto
that 1 have not the slightest fault TO find
with certain Judges, especially Judges Sea-
bury. Green. Conlon and Mccarthy.
Mannheim went on to say that he had
spoken with several OF the jurymen in the
Meyerhoffer case and had found them i'm
pressed with the belief that Justice Dele
hanty was prejudiced. One OF them told
Mannheim that instead Of returning a verdict
for the defendant. as they we're directed TO
do, the jury would have. II let alone, found
a verdict at once for the plaintiff. Man
helms letter continues:
your uonor knows ,ba, the statement very
o,tan I'D hr soma J,aass tha, n iswver
30 IL 1910 ~ annsaI - no daan,s M ha
has .r ~. a y. - no, eInana na 49,
TS, osen unla'Iy 49, - : mos n y.
ne aemeahof Of q ouose toweru one soe OF
tne otner curing a tria' eoh'enhp.uous snus.
gestures ana sightins REMARKS all not
pictured on the record may De very, material
In influencing a jury one way or the other
l have suffered before your Honor in the
past.
statad bis f,rther belief that
had he been for the defendant and Steuer
for the n%leintiff ,Justioe De~lehanty's conduct
y y ana hasn tnteli, N;Tarsnt end he
niaintiff would not have been summariiy
thrown out of court. He concluded:
,our Honor state d that last night Won looked
nm tbe law on the subject, | feel that Won
looke cd nm the law vour ish being father
m your thonpbt only IN find support for YOUR
determination to throw the ,lainti6 out OF
court Yonrs No. ,JAcon MANupIA.
~, -. c,.- g.,
LIZ sehhs SSsnhe - ,o,t.r ,InaS
uueeenluu s"a ao. nnIn ad,erae ~ naiabantv
hit ;nyidio,,s To the entire bench. They
took narticular exception to the paragraph
in which Mannheim referred to certain
COUNSEL underscoring certain So they
summoned him to show cause why his con-
duct should not be reported to the Appel
late Division.
Mannheim engaged Austen g. FOX as coun-
sell, and declared that the whoie mlatter
could not come DeioTe .ne hpPeliate livi.
SION 700 soon 70 sui liln' III nis anlouvit
70 Ine APpeiaot n rneion n ne 80 800 unae
.ne ieuV4. ~ 80 - AZ nonrn nnd
Ene, so;th ut nat meant &c a nnhi;c o.
6, ~ INC CONT BEFORE he s6o,ld ba
nun;shed for writing such n letter. every
statement in which he reasseverated al in
spired by an honest conviction, he asked
that the court should investigate the truth
of the charges he had made.
Justice lngraham, writing the courts
opinion, concurred in byJustices MoLaugh-
lin Clarke and dougnton, says In part;
The Constitution and laws of the State
provide for the removal of Judges whose
conduct has disqualified them from holding
the ONCE to which they nave been elected
or appointed: and il is the duty of every
atforney or other citizen who has knOwl-