Mr. Graham moved that the Senate do now adjourn. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative. Whereupon the Senate adjourned. THURSDAY, JANUARY 9, 1873. The Senate met pursuant to adjournment. Prayer by Rev. Mr. Selkirk. The journal of yesterday was read and approved. The Assembly sent for concurrence a resolution in the words following: Resolved (if the Sente consent), That when this House adjourn on Thursday, January 9th, it adjourn to meet on Tuesday, January 14th, at 7 o'clock P. M. The President put the question whether the Senate would agree to said resolution, and it was decided in the affirmative. Ordered, That the Clerk return said resolution to the Assembly, with a message informing that the Senate have concurred in passage of the same. Mr. Lewis presented a petition of Anna Eva Nicholas, of the city of Buffalo, for the State to release its interest in certain lands; which was read and referred to the committee on the judiciary. Mr. Baker presented a petition of Miles Johnson, a resident of Whitehall, for a farm bridge over the Champlain canal, in the town of Whitehall; which was read and referred to the committee on canals. Mr. Baker gave notice that he would, at an early day, ask leave to introduce a bill making further appropriation for enlargement of Champlain canal. Mr. Chatfield gave notice that he would, at an early day, ask leave to introduce a bill to amend "An act to suppress gambling," passed July 10, 1851. Mr. Adams gave notice that he would, at an early day, ask leave to introduce a bill to create a board of railroad commissioners, to limit the amount of obligations of railroad companies, and for other purposes relating to the management and control of railroads doing business in this State. Mr. Johnson gave notice that he would, at an early day, ask leave to introduce a bill to amend chapter 469 of the Laws of 1866, being "An act to incorporate the American Society for the Prevention of Cruelty to Animals." In pursuance of previous notice, Mr. Robertson asked and obtained leave to introduced a bill entitled "An act relative to the rate of interest," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary. In pursuance of previous notice, Mr. Tiemann asked and obtained leave to introduce a bill entitled "An act for the relief of Alexander Taylor and Halsey W. Knapp, executors of George W. Miller, deceased," which was read the first time, and by unanimous consent was also read By unanimous consent, Mr. Lewis asked and obtained leave to introduce a bill entitled "An act to authorize the Buffalo City Cemetery to sell and convey certain portions of its real estate, not required for burial purposes," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary. By unanimous consent, Mr. J. Wood asked and obtained leave to introduce a bill entitled "An act ratifying and confirming the acts and enlarging the powers of the commissioners of the town of Chili, in the county of Monroe, in receiving the stock of the Rochester, Nunda and Pennsylvania Railroad Company, and in issuing in exchange therefor the bonds of the said town," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on railroads. By unanimous consent, Mr. J. Wood asked and obtained leave to introduce a bill entitled "An act to amend an act entitled 'An act authorizing the consolidation of certain railroad corporations,' passed May 20, 1869,' which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on railroads. By unanimous consent, Mr. J. Wood asked and obtained leave to introduce a bill entitled "An act to ratify and confirm the acts of the commissioners of the town of York, in Livingston county, in issuing the bonds of said town in exchange for the stock of the Rochester, Nunda and Pennsylvania Railroad Company," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on railroads. By unanimous consent, Mr. Lowery asked and obtained leave to introduce a bill entitled "An act to enlarge the powers of supervisors," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on internal affairs. By unanimous consent, Mr. Perry asked and obtained leave to introduce a bill entitled "An act to establish a board of health in and for the city of Brooklyn," which was read the first time, and, by unanimous consent was also read the second time, and referred to the committee on the affairs of cities. By unanimous consent, Mr. Perry asked and obtained leave to introduce a bill entitled "An act to promote the administration of justice," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary. By unanimous consent, Mr. Ames asked and obtained leave to introduce a bill entitled "An act to amend an act entitled 'An act to amend an act entitled An act to authorize the business of banking,' passed April 18, 1838, passed April 9, 1870," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on banks. Pursuant to previous notice, Mr. Ames asked and obtained leave to introduce a bill entitled "An act for the improvement of the Ausable river and its branches," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee. on commerce and navigation. Mr. Benedict presented the third annual report of the Trustees of the Lenox Library for 1873; which was laid on the table and ordered printed. (See Doc. No. 6.) Mr. Benedict offered the following: Resolved, That 500 extra copies of the third annual report of the Trustees of the Lenox Library be printed for the use of the Legislature, and 250 copies, with covers, for the Trustees. Ordered, That said resolution be referred to the committee on public printing. Mr. Adams offered the following: Resolved, That 2,000 copies of the report of the New Capitol Commissioners be printed for the use of the Commissioners, and 500 copies for the use of the Legislature. Ordered, That said resolution be referred to the committee on public printing. On motion of Mr. J. Wood, the Senate proceeded to the consideration of the case of Judge Prindle. The Clerk then read the thirteenth charge, as follows: "That the said Horace G. Prindle, being such county judge and surrogate as aforesaid, in or about the year 1867, at the town of Norwich in said county of Chenango, with one George W. Ray, he being then and there a clerk in the oflice of said county judge and surrogate, made and entered into an unlawful and corrupt agreement and understanding, by which agreement or understanding the said Ray was to do and perform the duties of a clerk to the said surrogate, and as a remuneration therefor he, the said county judge and surrogate was to give to said Ray what practice he could give him, by his official position and influence, as an attorney and counselor-at-law, in matters and proceedings brought or pending before said county judge and surrogate; and, in pursuance of said unlawful and corrupt agreement and understanding, did, during the years 1868, 1869, 1870 and 1871, give the patronage of his said office of county judge and surrogate, and use of his official position and influence to give to said Ray (who during said years continued a clerk to said county judge and surrogate, and in his office as aforesaid, and performed the duties of surrogate's clerk to him as aforesaid) a large business and practice in numerous cases, as an attorney and counselor-at-law as aforesaid, in such matters and proceedings brought and pending before him, the said county judge and surrogate; and did aid and assist him, the said George W. Ray, in charging and collecting fees for services of said Ray, as attorney in the matters aforesaid, and did encourage, aid, and assist said Ray, while such clerk as aforesaid, by such fees collected by said Ray to pay himself, under the agreement aforesaid, for the service performed by him as a clerk to said surrogate as aforesaid, in order that the said surrogate might take to himself, for his own use and advantage, the salary provided by law for the payment of a clerk to said surrogate as aforesaid, during the years aforesaid, and did corruptly, so take and appropriate said salary to his own private use, during the years aforesaid, thus profiting individually by the legal practice of his said clerk, in matters so pending before him as such county judge and surrogate; all done in violation of law and to the great scandal and disgrace of the administration of justice in said county." The President put the question to each member of the Senate, as follows: "Senator, how say you, is the thirteenth item of the charges preferred against the accused proven ?" When each Senator rose in his place, and responded as follows: When the name of Mr. McGowan was called, he asked to be excused from voting. The President put the question whether the Senate would agree to said motion, and it was decided in the negative. The Clerk then read the fourteenth charge, as follows: "That the said Horace G. Prindle, being such county judge and surrogate as aforesaid, from the first day of January, 1864, until the date hereof, has willfully and corruptly neglected, during such time, to keep a book of fees, as required by law and the statutes of said State, and his oath of office. The President put the question to each member of the Senate, as follows: "Senator, how say you, is the fourteenth item of the charges preferred against the accused proven ?" When each Senator rose in his place, and responded as follows: The Clerk then read the fifteenth charge, as follows: "That the said Horace G. Prindle, being such county judge and surrogate as aforesaid, from January first, 1864, until the date hereof, has corruptly and willfully neglected and refused to make an itemized account of the fees received by him, as such judge and surrogate, to the board of supervisors of said county, as by the law and statutes of said State and his oath of office he is obliged to do." The President put the question to each member of the Senate, as follows: "Senator, how say you, is the fifteenth item of the charges preferred against the accused proven ?" When each Senator rose in his place, and responded as follows: Bowen Graham The Clerk then read the sixteenth charge, as follows: "That the said Horace G. Prindle, being such county judge and surrogate as aforesaid, from the first day of January, 1864, up to the date hereof, did, during the years 1865, 1866 and 1867, render to the board of supervisors of said county what purported to be an account of the fees received by him in his official capacity as such county judge and surrogate during the years last aforesaid; that said accounts, and each of them, were not rendered in items as by the law required, but stated the amount claimed to be received in gross sums, and did not name the estates or persons from whom the same were received, and that he, the last aforesaid county judge and surrogate, received fees to an amount largely in years excess of the amounts so returned by him in each of the said, and that in the affidavits attatch to said reports of fees, said county judge and surrogate swore that he had received the fees' in said report returned, but corruptly, knowingly, and with intent to mislead the said board of supervisors, and to defraud the said county of Chenango, left out of said affidavits, and each of them, any statement to the effect that such fees so reported were all that he had received' during such years, or either of them, and that said county judge and surrogate has refused and still refuses to account to the board of supervisors of said county for the excess of fees so received by him, but not reported as aforesaid, and still willfully and corruptly retains to himself such excess of fees so received and not reported to said board. The President put the questiou to each member of the Senate, as follows: "Senator, what say you, is the sixteenth item of the charges preferre against the accused proven ?" When each Senator rose in his place and responded as follows: PROVEN. Bowen Foster Graham The Clerk then read the seventeenth charge, as follows: "That on the 5th day of August, A. D. 1868, at the town of Norwich, in the county of Chenango and State of New York, Horace G. Prindle, then being county judge and surrogate of the said county, and the will of one Benjamin Hook having been duly admitted to probate by and before said surrogate, and letters testamentary having been duly issued to Esther Hook, widow of said deceased (and now Esther Russell), unmindful of the duties of his said office and of his oath of office, and for his own private gain and advantage, did corruptly, willfully and fraudu lently persuade and induce the said Esther Hook (now Esther Russell), executrix of said last will and testament (she being then an old lady of the age of sixty-eight years and upward, and relying upon the said surrogate for counsel and advice in reference to her duties as executrix of said estate), to sell to him, the said surrogate, $1,500 in United States |