1 law, with a willful and corrupt partiality toward the said defendant, and with willful and corrupt intent to favor said defendant, to the great injury and loss of the plaintiff therein, and to the great scandal and reproach of the said court and of the justice of the State of New York." The President put the question to each member of the Senate, as follows: "Senator, how say you, is the second item of the charges preferred against the accused proven ?" When each Senator rose in his place, and responded as follows: PROVEN. Allen Bowen Lewis Winslow McGowan NOT PROVEN. Cock Johnson Perry Dickinson Lowery On motion of Mr. Robertson, and by unanimous consent, the rules were suspended and the vote was taken upon the third charge as an entirety. The Clerk then read the third charge, as follows: "That the said George M. Curtis, a justice of the Marine Court of the city of New York, while acting as such in the exercise of his office, has been guilty of mal and corrupt conduct in office, and high crimes and misdemeanors, to wit: of grossly improper conduct and scandalous and indecent language upon the bench, tending to bring the administration of justice in said court into contempt, and among other things in this: "I. That while a certain action pending in said court, wherein one Homan was plaintiff and one Tristram Nye was defendant, was on trial before the said Justice Curtis, on or about the 16th day of November, 1871, the said defendant was a witness, and as the said defendant was a witness, and as the said defendant was leaving the witness stand, the said Curtis spoke to the defendant's counsel, in a loud tone of voice, these insulting words of the said defendant, Your client is a great scamp; that man,' pointing to Homan, 'is a victim, and I shall beat you if I can.' That a few days thereafter, another case coming on for trial before said Curtis, in which the said Tristram Nye was a party, the said Curtis spoke from the bench, to the said Nye's counsel, these insulting and abusive words of the said Nye, 'Oh, yes, that old scamp I tried the case for the other day; he is a big villain, and I will try the case and give him justice.' "II. That the said George M. Curtis has, at divers times, while causes were on trial before him, as justice of said court, made use of violent, insulting and abusive language, to and in respect of parties, witnesses and counsel, in the presence of the jury and auditors, calculated and apparently intended to intimidate witnesses and to influence the verdicts of juries. That the said Curtis has frequently, upon the bench in open court, avowed his prejudices against parties or counsel, and his determination to decide against them, if possible for him so to do, and after such avowal has compelled the parties to proceed to trial before him against their wishes and protest. That he has been in the habit of using, to and concerning negro witnesses especially, insulting language, such as (addressing the jury) 'Although the power of voting has been con ferred upon negroes, yet I do not believe that any power can make men out of monkeys,' and of designating them as 'Fifteenth Amendments.' "III. That at the general term of the said Marine Court of the city of New York, held in March, 1872, the conduct of the said George M. Curtis, who was one of the justices assigned to hold said term, was so scandalous that his associate justices adjourned the court upon the second day of the term, leaving the business unfinished. "IV. That the conduct of the said George M. Curtis upon the bench of the said Marine Court, while acting as justice thereof, has been of such a character as to degrade the judicial office in the public esteem, and to impair the respect and confidence of suitors, of the bar, and of the people generally, in the impartiality, purity, and trustworthiness of the court. The President put the question to each member of the Senate, as follows: "Senator, how say you, is the third item of the charges preferred against the accused proven ?" When each Senator rose in his place, and responded as follows: The doors were then opened, and the President announced that a majority of the Senators having voted "not proven upon all of the charges preferred against George M. Curtis, justice of the Marine Court of the city of New York, the case was accordingly dismissed. On motion of Mr. Chatfield, the Senate adjourned. WEDNESDAY, JANUARY 22, 1873. The Senate met pursuant to adjournment. Prayer by Rev. Mr. Dean. The journal of yesterday was read and approved. Mr. Allen presented a petition to release the interest of the people of the State of New York in certain land in Chautauqua county to Leroy Davis; which was read and referred to the committee on the judiciary. Mr. Benedict presented a memorial of the Bar Association of the city of New York for amendments to the Code; which was read and referred to the committee on the judiciary. Also, a memorial of Frank E. Howe and others, committee, relative to proposed amendments to the charter of the city of New York; which was read and referred to the committee on the affairs of cities. Also, a petition of certain residents of the city of New York for the exemption of bonds and mortgages from taxation; which was read and referred to the committee on the judiciary. Messrs. Dickinson, Tiemann, and Madden presented petitions for the exemption of bonds and mortgages from taxation; which were read and referred to the committee on the judiciary. Mr. Weismann presented a petition of citizens of the city of New York for the repeal of the usury laws; which was read and referred to the committee on the judiciary. Mr. Woodin, from the committee on engrossed bills, reported as correctly engrossed the bill entitled as follows: "An act to amend an act entitled An act to provide for a commission to propose amendments to the Constitution.' "An act to ratify and confirm the acts of the commissioners in 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." "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." "An act to amend an act entitled 'An act to authorize a double session of the court of general sessions of the peace in and for the city and county of New York, and confirming a resolution of the board of supervisors of said county relative to the judges thereof,' passed April 25, 1872." Mr. Tiemann gave notice that he would, at an early day, ask leave to introduce a bill to amend an act passed April 21, 1870, relative to the Union Home and School for education and maintenance of children of volunteers. By unanimous consent, Mr. Allen asked and obtained leave to introduce a bill entitled "An act to authorize the village of Jamestown to borrow money, and to subscribe to the capital stock of manufacturing and mechanical corporations," 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 villages. In pursuance of previous notice, Mr. Chatfield asked and obtained leave to introduce a bill entitled "An act relative to the Washington Street and State Asylum Railroad Company in the city of Binghamton," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on railroads. In pursuance of previous notice, Mr. Cock asked and obtained leave to introduce a bill entitled "An act to incorporate the Staten Island and New Jersey Suspension Bridge and Railroad Company for the purpose of constructing and maintaining suspension bridges, appurtenances, and approaches to the same over the Kill von Kull from the northerly side of Third street, on York avenue, in the village of New Brighton and Constable's Point, in the State of New Jersey, and at a point or points over Arthur kill or Staten Island sound, between the town of Westfield, Richmond county, and Middlesex county, in the State of New Jersey; and also for the purpose of constructing and maintaining a railroad over and across said bridges, and to and through the center of Staten Island, Richmond county, to and from the points above named," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on railroads. In pursuance of previous notice, Mr. Winslow asked and obtained leave to introduce a bill entitled "An act to authorize increased compen sation for the transportation of persons upon the Carthage, Watertown and Sackett's Harbor railroad," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on railroads. In pursuance of previous notice, Mr. Adams asked and obtained leave to introduce a bill entitled "An act establishing a quarantine, and defining the qualifications, duties, and powers of the health officer for the harbor and port of New York," 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. Adams offered the following: Resolved, That the Clerk be directed to have printed 500 extra copies of the said bill for the use of the Senate. Ordered, That said resolution be referred to the committee on public printing. By unanimous consent, Mr. Allen asked and obtained leave to introduce a bill entitled "An act to release the interest of the people of the State of New York in certain real estate of which Robert Davis, late of Hanover, Chautauqua county, died seized to Leroy Andrews," 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. D. P. Wood 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 Syracuse Northern Railroad Company to construct and maintain a swing-bridge over the Oswego canal, in the First ward of the city of Syracuse, passed April 7, 1871, so as to include the Erie canal, the Second, Third, and other wards of said city,' passed April 8, 1872," which was read the first time, and by unani mous consent was also read the second time, and referred to the committee on canals. By unanimous consent, Mr. Weismann asked and obtained leave to introduce a bill entitled "An act to provide for the regulation and licensing of scavangers in the city of New York," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on public health. The bill entitled "An act to amend an act entitled 'An act to authorize a double session of the court of general sessions of the peace in and for the city and county of New York, and confirming a resolution of the board of supervisors of said county relative to the judges thereof,' passed April 25, 1872," was read a third time. The President put the question whether the Senate would agree to the final passage of said bill, and it was decided in the affirmative, a majority of all the members elected to the Senate voting in favor thereof, and three-fifths of said members being present, as follows: Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein. The bill entitled "An act ratifying and confirming the acts and enlarg ing 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 Rairoad Company, and in issuing in exchange therefor the bonds of the said town," was read a third time. The President put the question whether the Senate would agree to the final passage of said bill, and it was decided in the affirmative, a majority of all the members elected to the Senate voting in favor thereof, and three-fifths of said members being present, as follows: Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein. The bill entitled "An act to ratify and confirm the acts of the commissioners in 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," was read a third time. The President put the question whether the Senate would agree to the final passage of said bill, and it was decided in the affirmative, a majority of all the members elected to the Senate voting in favor thereof, and three-fifths of said members being present, as follows: Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein. The bill entitled "An act to amend an act entitled 'An act to provide for a commission to propose amendments to the Constitution,' was read a third thme. The President put the question whether the Senate would agree to the final passage of said bill, and it was decided in the affirmative, a majority of all the members elected to the Senate voting in favor thereof, and three-fifths of said members being present, as follows: Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein. By unanimous consent, Mr. Dickinson, from the committee on the affairs of villages, to which was referred the bill entitled "An act to authorize the village of Jamestown to borrow money and subscribe to the capital stock of manufacturing and mechanical corporations," reported in favor of the passage of the same, and said bill was committed to the committee of the whole. |