Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1909-12-04
FORGE LAWYER TO
APOLOGIZE FOR
ATTACK ON JUDGE
Errors Court Rebnkes Attorney
for Innuendo Against
Local Jurist.
BAR BRIEF CONTAINING
OFFENDING PARAGRAPH
Sensational Incident Marks
Hearing in Fight Over
Pfefferle Estate.

Because of alleged scandaious mat
ter rejecting upon the judicial integ-
rity of Judge Jay Ten Eyck, of the
Essex County Orphans Court. the Court
of Errors and Appeals. at Trenton, yes
terday, delivered stinging rebuke to
Samuel Resson, a Hudson county law
yer. Perhaps the most professional
pain was caused when the highest
court in the State of New Jersey re-
fused to accept the printed brief OF
Lawyer Besson and compelled him to
make, then and there, public apology
There was sensational clause in the
brief, which. by innuendo, strongly lnti-
mated that there was collusion between
Charles F. Herr a Newark attorney
and Judge Ten Eyck. The Pfefferro es-
tate. involving more than 100000, of
which Lawyer Herr is executor, is fne
bone of contention. The Pfefferle case
bobbed up in the Court of Errors and
Appeals as the final attempt to have
Mr.. Herr removed from the executor
ship, 1t being charged that in divers
ways he was misuslng and wasting the
funds. All previous efforts to oust the
executor have failed, and the last and
desperate attempt" as Mr.. Herr has
characterized 1t, Is now being made
The reading of the brief was atten-
lively listened to, especially the clause
that alleged that throughout the pro-
ceedings In the Orphans Court, and IN
his opinion, wherein he denied the mo-
tion to remove Executor Herr, the
Judge mot only tried to shield the
executor, but went out of his way to.
try to find excuses for his conduct.
In the brief Lawyer -Besson not only
criticised the opinion Of Judge Ten
Eyck. but resorted to personalities.
Irterrupting the reading of the
lengthy brief as the clause referred to-
vas read, Chief Justice Gummere
asked: M
.pNhat do you mean. Mr. Besson?
You go so far as to charge that Judge
Ter Eyck went ont of his way to
shield the executor II true. that Is a
serious reflection upon the court !"
Lawyer Besson disclaimed any inten-
ton of trying to impute any improper
motive against Judge Ten Eyck, and
he forthwith offered to apologize and
retract The chief justice remarked
that If there was occasion for apology
and retraction there must needs be
matter in the brief that could be con-
strued as scandaious, and it should not
be permitted to become a part of the
records of the court. A motion to re-
ject the brief was Immediately put and
that course followed. Mr.. Besson will
file a new brief. eliminating all refer
ence or intimation by innuendo to i'm
proper motives on the part of Judge
Ten Eyck
The Pfefferle case is before the Court
of Errors and Appeals, 1t having been
appealed from the Prerogative Court,
which had sustained the Orphans Court
in refusing to remove Executor Herr.
The case has been an interesting one
in the local courts for many years.
John Pfefferle died, leaving an estate
worth more than 100000. He had been
married twice. There were three chill
dren by the first wife and two by the
second. The first wifes children. Flor
ence. Gertrude and Frederick j., are
fighting for the executors removal.
They do not receive their principal, un-
der the will, until they reach the age
of thirty years.
Following the death Of Mr.. Pfefferle
and for a period of nine years there
after the widow and the five children
lived in the Pfefferle home in High
street. The widow married dancing
master named Mcclellan and the step
children left. There was q family quar-
rel and as executor Mr.. Herr put the
step-children in college. 1t required
more than their income, and he used
additional funds. on the theory that
after they were educated and reached
the age OF 81 years they would be self
supporting.
His accounting was objected to and
his so-called excess payments were con-
strued as waste and his removal as ex-
ecutor was asked for. Objection was
also made 10 certain payments made to
the widow. Judge Ten Eyck refused
to remove the executor. the Prerogative
Court affirnned the Orphans Court,
hence the appeal to the Court Of Err
rors and Appeals. Former Judge AL
fred #. Skinner represents Mr. Herr in
the proceedings.