Clipping:Decisions of the judiciary committee considered by the convention

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Date Sunday, December 15, 1867
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Mr. Herring, the able chairman [of the judiciary committee] proceeded ot read his report, which was taken up by sections, and each case acted upon in succession , as read. All of the decisions, except those in the case of the Momoweta Club, of Greenpoint, and the Union, of Morrisania, vs. the Mutual Club, were indorsed by the Convention, and the decisions of the Judiciary Committee sustained. In the former case the whole proceedings were ordered to be stricken out of the report, as the Momoweta Club was not in th eAssociation when the hcarges were made. The Devyr case was the most important one reported by the Committee, and it of course elicited a lengthy discussion of its merits, pro and con, and a spirited and very spicy debate between the Chairman, Mr. Herring, and the counsel of the Mutual Club, who had been chosen as one of their delegates in order to have a voice in the Convention. The discussion was becoming a warm one, when it became necessary to move an adjournment, it being near the time when the theatre had to be prepared for the evening performances. ... The business of the Convention was resumed, the Devyr case being again taken up. Now ensued a spirited debate between Messrs. Herring and Curtis. The latter began, and he led off with as much esprit de corps as if he had been conducting the defence of a criminal in the Marine Court. He hit out right and left, and apparently had used up Mr. Herring when his time had expired. The latter, however, had quietly taken notes of the vulnerable points of his adversary’s attack, and unlike Curtis he used his weapons of attack like the skilled fencer, and he thrust the seer-edged sword of sarcasm into his adversary in a manner which made him wince again. The debate over, the decision arrived at, and the “little game” of the Mutuals having been won, Mr. Curtis arose to a question of privilege, and referring to the aspersions of the debate, stated that if anything had been said calculated to hurt the feelings of Mr. Herring he begged to apologize. Whereupon Mr. Herring, gentleman as he is, duly replied by expressing his regret. The final result, however, was shaking of hands between Messrs. Herring and Curtis, and the moving of a resolution by Mr. Herring, seconded by Mr. Albro, that Devyr be reinstated as an honorable member of the Association which was carried, and thus ended the last chapter of the Devyr case. The vote to reverse the decision in the case was 451 ayes and 143 noes.

Source New York Sunday Mercury
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Submitted by Richard Hershberger
Origin Initial Hershberger Clippings

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