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neglect of duty; because his deputy had taken my property, and given it up to the plaintiff, contrary to law; because he did not compel that deputy to return it to me according to law; and because he kept Thomas Carlin in office under such disgraceful circumstances. I made an affidavit to that effect, swore to it on the taking of the evidence before Judge Daly; and it has never been contradicted. There is no evidence that John Orser ever lifted a finger towards compelling Carlin to return my property, or that he ever did anything himself towards its return; and it is the fact, that Carlin was kept in his office as long as Orser remained High Sheriff, namely, up to the 1st of January, 1856.
If the Governor did not consider that the complaint was sustained by the evidence, perhaps I should find no fault with his decision ; but I consider that his advice as to a 6 suit at law” is quite superfluous. As a member of Congress once said, (when he was treated to champagne and olives,) “Your cider is well enough, but d-your pickles.”
In the event of a Governor's ever having another case of this kind, I will volunteer what I deem to be a good form to adopt, in promulgating a decision; namely,
STATE OF NEW-YORK,
"In the matter of certain charges preferred by
agt. RICHARD ROE.
“This case having been duly investigated, in pursuance of the statute, the testimony has been submitted to me, and duly considered.
“Upon a careful examination of the evidence, 'I do not find' that it sustains the charges, and I therefore dismiss the complaint.
(Signed,) BROOKS, K. N."
I wonder if the “former Member of Assembly” (who was alluded to in the early part of this publication) ever had anything to do with bobtailed horses, and Sheriffs ! (See page 50.)
The firm of “Beebe & Donohue” (of which Judge Beebe is the senior partner) were the advisers of Collins, from the time that Collins and Thompson took the horse from the stable without process of law, and at the time the three constables, with their posse of five men, and Collins with eight more men standing at the corner of the street, as a corps de reserve, came to take the horse, on an execution on the confessed judgment, in the Marine Court, against Collins and wife; because the officers invariably told me they “ acted by authority of Judge Beebe." Mr. Donohue endeavored to make an arrangement with Martin & Smiths, on the very day the horse was taken on “replevin,” viz., the 19th January, by proposing to place the horse in their possession, upon my commencing a replevin suit," which he could have decided in the Marine Court in ten days !" Mr. Donohue then asserted, that the horse was not taken by the Deputy Sheriff, but by a constable ! (This Marine Court appears by this to be a very nice place for summary proceedings, and I think Messrs. “Beebe & Donohue" appear to have great influence there, if they could get a replevin suit decided in “ ten days.”) Mr. Donohue stated, that there was no mons” attached to the papers ; and such was the fact. The only papers were an "affidavit,” made by John Collins, Jr., that the horse was the property of Maria L. Collins, and an “undertaking to the Sheriff;" and these were the only papers that Carlin had when he took the horse. With the great professional experience of “ Beebe & Donohue," and the long experience of Carlin, as a Deputy Sheriff, did not both parties know, that a “summons” was neces
sary to perfect the papers! What is the inference to be drawn from this fact? Does it not afford good reason to believe that there was collusion between Collins, Beebe & Donohue, and Carlin, to get that horse out of my possession illegally? Who were the attorneys for Collins when he confessed the judgment in the Marine Court, against himself and wife, in favor of “ William Yule ?” There were no attorneys' names signed to that beautiful proceeding. On an execution on that judgment, they undertook to get my horse out of the stable, with the aid of a lot of Marine Court constables, accompanied by Collins and a posse of men. I ask, who were the attorneys in that operation ? Constable Bishop told me, at the time, that he was acting upon that process by “ the authority of Judge Beebe.” Judge Beebe has sworn, in the case of Orser, and at the trial of Carlin, that he had been the “professional ad. viser” of the Collins' for a long time, and that he did not know anything of these matters until the day I had put in a bond in the replevin suit, and after the horse had been taken by Carlin, namely, on the 19th January, 1855. Judge Beebe also swore, that from that time, he made use of all of his personal and professional” influence with the Collins', to get back that horse, and could not succeed. That Carlin came to him, and absolutely cried, which so excited his sympathies, that he went to Mrs. Collins, and told her that unless she gave up the horse, all professional intercourse between them must cease; and by those means he induced Mrs. Collins to give up the horse. That the horse was then sent to his stable, whence he had him brought to Wall-street, opposite his office; and that he immediately sent up to the Sheriff's office, to get them to take the horse away before "he was spirited away again.” Mr. Willet swore, that when he called on Judge Beebe to ask where the horse was, Judge Beebe told him, that the animal
was out of the county.” How did Judge Beebe know where he was ? Collins swore, that he never told Beebe where he was. Now, if Judge Beebe had to make such great " personal and professional" exertions to get this horse back, for this male Niobe in
tears, without being able to do it till about the 22d March, and after Carlin was indicted; how could Mr. Donohue be able to place the horse in the custody of Messrs. Martin & Smiths, on the 19th January, upon conditions ? and how could Judge Beebe, and Donohue with him, make an arrangement with J. R. Whiting, on the 8th February, “ to deliver the horse to us, under a suit of replevin, and that they would enter into a written stipulation that we should be permitted to retain him,” &c. Under whose control does it appear that this horse really was all the time?
I desire especial attention to the cross-examination of Judge Beebe, by Mr. Whiting, on the trial of Carlin, and also to the "summing up" of Mr. Whiting on that occasion, which will show what all of these immense“ personal and professional exertions amounted to. I think you could put them all into the eye
of blind horse, and not affect his sight! It is a fact that Judge Beebe acted as the counsel for Carlin, from the 19th January, 1855. He argued the motion to quash on the 15th September, 1855. He put off the trial in the Court of Sessions from the 7th November, 1855, till the 15th November; and when he foundt hatt he Recor: der would not permit him to put it off another day, he backed out of the case, on the plea that Mr. Stoughton was engaged as the counsel for Carlin, who, being then engaged in Judge Stuart's trial, could not come into court. Beebe also then tried to get on the “ Ocean Bank case," which would have had the effect to shove the Carlin case into the next term. He also stated to the Recorder, that Mr. Stoughton had been engaged in the case, from the day that the trial had been set down in the Court of Sessions. Now, Mr. Stoughton stated, in the presence of several gentlemen, that when he was told, on that very day, by Mr. Sedgwick, the Assistant District Attorney, that he (Stoughton) was engaged as counsel for Carlin, it was the first that he (Stoughton) had heard of it! Judge Beebe and Mr. Stoughton can settle this discrepancy between themselves. My own mind is clear enough on the subject. Is Judge Beebe the man to "hurl back with indignation, and with truthfulness, not upon counsel, but upon the complainant here, (meaning me) the lie ?” And did he suppose that I would submit to such a public insult with impunity? Who was it that next appeared for Carlin in the arena ? Why, Mr. Andrews, the partner of Judge Beebe. And Mr. Andrews stuck to Carlin, as his COUNsel, and acted with Messrs. Stoughton and Clinton on the trial, till “poor Carlin” was found guilty by the jury. Since then I have not seen Mr. Andrews' good-looking face in any professional capacity. Judge Beebe told me, in April last, that he would tire me out.' He has done his best to do it, but has not succeeded. He offered to bet me, at the same time, that “Carlin would never be brought to trial.” A pretty thing for a man to say, and prettier to follow up his words by his deeds, in relation to an indictment by a Grand Jury-a man who had occupied the position of a criminal judge, and who had held the life and liberty of men in his hands ? Judge Beebe has been permitted to delay the ends of justice, and to put me to immense loss of time and expense. I, who have only sought to do my duty as one of the people, in sustaining their legal rights. Notwithstanding his great “personal and professional exertions, he got hold of the wrong individual for once. Beebe's position is something like that of the man who found himself in the tender embrace of a tiger. Ah ! said the man to the tiger, I have got you now, my boy (1)! Judge Beebe says he knew nothing of these proceedings till the 19th January. “Beebe & Donohue" certainly did. My experience with gentlemen of the legal profession is, that they are rather an expensive luxury. If this is so in all
cases, it is likely that “Beebe & Donohue” were entitled to some fees, before Judge Beebe (according to his own account) knew anything of this horse matter. Mr. Clinton had a great deal to say (in his argument (?) on the “ motion in arrest of judgment,”) about
elementary principles," and said, “ we must reason by analogy." I will reason a little by "analogy.” Suppose, for instance, that I, A. T. Jones, were to connect myself with an “ Uriah Heep," or with a Tom Snooks, or anybody else, for the purpose of stealing