The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-12-07
new TRIAL GRANTED
ON JUDGES CONDUCT
Justice Lynch Absent During
Half Of Four Hour Offer
ing Of Exhibits.
LOSER TAKES AN APPEAL

The Appellate Term of the Supreme
Court yesterday ordered a new trial In
"A case heard before City Court Justice
Richard T. Lynch and IA jury on the
| ground that during the four hours oc-
cupied 10y the trial Justice Lynch was
out of the courtroom at least half the
time, during which the proceedings were
under the direction Of n court officer.
The Appellate Term. composed OF JUS
tees Guy. Page and Philbin. acted after
Justice Lynch had refused to set aside
the verdict On the same state Of fats
presented to the Appellate Term.
The motion before the Appellate Term
wa. made by Edward II. Wilson. at
torney for the l.. NJ. Booth Company.
hich sued the Peoples Ice and Fuel
Company TO recover n balance due on a
water %softrner. Tho jury returned a
verdict for the defendant and Justice
Lynch refused to disturb IL.
The facts OF the case. as presented
In the plaintiffs papers before the APP
pcllate Term were that on October 6
last, when the case was tried Ia the city
Court. 1t was called just before the noon
rccess and the trial Judge admitted
about fifty exhibits offered by the de-
PENDANT ell bloc, without inquirins into
the pcrtinency OF the various exhibits
As soon az the reading of the exhibits
began Justice Lynch retired from the
courtroom. Mr.. Wilson said. and shortly
afterward 1t was discovered hat II of
the jurors knew an attorney for the
plaintiff. This fact was communicated
Ia Justice Lynch. who sent his court Of
fcer In to tell the juror he was excused.
When the trial was resumed justice
Lynch failed to appear. hut the reading
Of the exhibits went on. He arrived 1T
about 3 o'clock shortly before the read
ing WAS concluded. and heard a few
Of them. When the attorneys began
summing up about 3:30 o'clock Justice
Lynch aga.n withdrew and remained
away until l o'clock, after counse
had finished. He then entered the court
room and charged the jury.
Mr.. Wilson said that Justice Lynch
had no knowledge Of the contents of the
| exhibits. He added. during the sum
ming up there was great disorder In the
courtroom. a court officer was the
principal offender. He and the clerk
talked In such loud tones hat they in
terrupted counsel for the p~laintiff In
summing w. one of che pla .ntin's
attorneys went to the court officer and
protested. While defendants attorney
was addressing the jury the court officer
peremptorily called him To order in the
middle Of a sentence and told him his
time was up"
The plaintiffs attorney said that the
courts absence was not with the consent
Of the counsel. and pointed out that
the facts az stated In MS papers were
not denied by the defendants attorneys
On appeal.
When asked concerning the case yes
| terday Justice Lynch aid
A he trial a motion was pending
and l attended to II in chambers with
the consent III counsel. | was always
within reach In a room across the hall,
| My officer was In the courtroom all the
time and could have been sent for me.
! This is an unusual occurrence. L,
wouldn't happen twice In n year. I did
this in order TO expedite business. !
could have sent the other l~itiAants away.
This il "A case where a beaten party
tries 10 ohta.n 4 new trial"