Judge Huntington Interviewed--vindicates Himself

Since the commencenient of the faïnous Univorsity dei'alcation cuse your correspondent has often interviewed Judge Huntingtoti for the purpose of obtaining some of the facta in eontroversy in the matter, and during the last summer vacation several times went into the court room in this city, where he was several weeks examining tho voluuiinous dooumentary evidence and papers pertaining to the case with tho hope of finding some items relativo to it, but up to this time has boen absolutoly refused, the Judge saying that the case waa still pending and that he could not properly pay any attention to what was said out of court, much less be led into a controversy with a party to a pending case. During tho racent term of court in this city I again importuned tho Judge upon the matter, and found hiui communicative, saying that the case was now ended, so far as his court was concerned, and entirely off his hands. I had a long conversation with hiui, in which he freely and fully gave me all the facts concerning the hearing of the case, and exhibited and gave me tree access to all of his correspondence relating thereto. Some of the letters may be considered of a confidential nature, and I do not therefore teel at liberty to make use of the wholo of them, but froui such portions as I am at liborty to refer to, and f rom Judge Huntington, I have learned the following facts : He said he should havo no controversy in tho newspapors with any oue, nor should he say a word about the merits of tho case. But respecting the charge that he was unwiiling the case should bo hoard by another judgo, ho said that all that had been said or publisbed upon the subject had been in uttor ignorance of tho circumstances under which tho hearing was commenccd ; that he heard the case because it was his duty to do so, and because ho found no way to escape from it consistont with an independent and fearless dischsrge of his duty ; that somo three of tour weeks before the commencament of the suuimor term at which tho case was heard, all parties united in a stipulation by which it was to bo tricd at tho following term of court ; that ueither party should apply for a continuance, and that the account betweon the dofendants should be taken and stated by the court upon proofs to be taken in open court. All parties vcry well understood that this imposed upon hiui the duty of hearing tho case ; that the law did not tix it upon any ono else. This being so, he says it was unfair for any one, especially a party to the stipulation, to quostion the propriety of his hearing the case, particularly so when uninformed respecting tho circuuistancos under which the hearing was countenanced. ïïe first learned of the stipulatiou through the newspapers. At this time nothiug had boon said to him or any ono elso, to his knowledgo, respecting another judge hearing it, nor was he awaro that any one expected it. Tho stipulation impliod that they did not, nor was ho aware of any reason why he should or lawfully could say he would not hear this caso any moro than any other. Ho was, however, aware that one of the parties had published unploasant criticism respectiug docisions beforo mado in other cases growing out of the samo controversy, but from which an appeal had not been taken. Ho did not see in this a reason for refusing to hear the case, but ho did soe no good reason why he might not, with porfect propriety, ask anothor judgo to sit in the case in hope that hu would be luss likfily to be subjcctod to unplcasant public criticism than himself. In this viow, and upon this ground only, and upon his own motion, and unasked by any party or anybody for them, ho resolvnd to invito another judge to hear tho case, and first writing to the clerk atAnn Arbor to consult tho solicitors on oach side and see if they wore able to agree upan tho namo of a judge, saying if they ciid he would seek to conform to their wishes, if in his power to do so, and hearing from tho clurlc that tho solicitors had no choice, oxcept that ono sido proforred no ono from Detroit, ho opened a correspondoncc, fitst, with Judge Pratt, who declined ; seound with Judge Green, who declined ; third with Judge Coolodgo, who consented. Accordingly tho case was put dowu specially for July 5, and Judgo O. notitied. Ho replied, saying he would bo at Ann Arbor to hear the case if well. July 1, or 2, Judgo Huntington receivod from him, at Ann Arbor, a short noto deolining to come, saying he had writton the reasons at Masou. This letter was forwarded to Jackson and received there by the Judge, on July 4. The reason statod in tho lettor was on account of illuess - a awelling of one of his limbs from which ho had boforo suiïered, and froui which ho says he thought a week previous he had recoverod. Iteoncludes: "Illnesa only prevents me from going. You recollect I said I would go if woll. I thought I had recovered from my difficulty." On tho 3d of July Judge Huntington saw Judge Van Zilo at Ann Arbor, and although wheu it becumo known that he was corrosponding with other judges, Mr. Beal had taken tho liberty to writo to him the names of some judges he thought unobjoctionablo to hear the case, and among them Judge Van Zile, and while he had not consulted either side upon this subject, and could not feel tho samo liberty to invito a judge wliose name had been suggested by either sido that he otherwise would, yet he did, after hoaring Judge Uooledge could not come, apply to Judge Van Zile. How sincerely will appear from the following letter from him to Judgo Huntington, detailing tho circuinstances at his request. After reforrlng to the circumstance that he had asked bim to hear the case and that ho had refusod becauso of its probable length, and ufter speaking of his calling upon him at Ann Albor, July .'5, bo continúes : " You thero told mo that you liad expecteit Judge Cuoledga to try the Univorsity case, but had just heard that he could not (eithcr Viy telegram or lotter). but at that time liad heard do purticulais. You immediately commenccd tryiug to get me to stay there or return and try the oase for you, and moro (hun once told me you did uot want to try it, and w;is vciv anxioaa toget somo other judge. Vou urged me vory strongly to stay and try the case, nml ui tlie last couversation we had on the eveniiirof the 3d (you leaving that evening tor Jackson), you urfcd me voiy hard to stay and try tho cusa for you, and so earneat wore you in your requosts that once or twice duriii tho conversation I almost yielded to your reqoests. I have taken occasion wheneverlhave t;ilked about thia matter, lo say that tho charge made that you wero anxious to try the case is utterly without foundation. II 1 know you, and I think I do, you wore very an.xious to be reliovod from that trial. I have to be thankful that I did not yiold to your requests, however. Knowing as I did how onxious you were to have some other juduo try the case, and many other circumstances in relution to the matter, I was very ïndignant wheu I read the base and grounilless charges that were made against you. I think that any man who will attack a judge on the bench, who has triod as you have to do your whole duty to the parties litigaut who appsared in your court, ought to receive punishmont." The balance of the letter relates to tho danger of such a course to tho fearless administration of justice. Tho views of judge Van Zile aro also coníirmed by a letter received froin another circuit judge. Eespecting the letter of Senator Christiancy to liegent Eynd, Judgo Huntington only said (but evidently with a feeling he was unwilling to expresa) that ho was sorry the Senator had not inquired what the circuuistances wore undor which the hoaring was CQmrnened, before writing as he did. If ho had ho could not havo done so. These circuuistances were within his kuowledge. They were not withiu theknowledge of auy other ono person. Nor did ho during the hearing speak a word to anybody upon the Bubject. Nor did anybody mako any inquiry of him. It would havo been just and fair tor Senator Christiancy to have done so before writing as he did. Respectiug the charge that Judge Huntington hud promised to ask another judgo to hcar tho case, he siuiply saya it is not true, aud utterly fulse, and no one has tho slightest excuse fui suying so. Ho says, however, that duriug the timo he was corresponding with other judges, Mr. Beal ealled upon him at this place, and asked who had boen written to, saying he had been inforuied that the olerk upon roceiving his letter, beforo reforred to, ha i written to all the attorneys in the case asking them to wrilo direct to the Judge at this city, and if this was so, he thought it proper that he should also be at liberty to be heard upon the question as to what judge should be asked. Judge Huntington at once oxplained to him that he had asked neither side to say whom they wantod and should not. That ho had only asked the clerk to cali upou the solicitors on each sido residing in Ann Arbor, and if they agreed, to let him know. That he could not feel at liberty to ask any judge whose uaine hart been given to him by either party, and in this connection ho suid he did not regard it a matter of consequenco to either party as to what particular judge was asked, but trusted that he should ask no one who could be in auy wáy objectionable. The Judge says he knows of no other occurrence than this one to afford tho slightest shadow of pretenso for saying he promised to ask another judgo to hear tho case. Eespecting the other charges, he says of course they are to be regretted, but are of a chanteter so vague and frivolous and utterly unfouuded in truth, that he cannot and will not consent to talk about thom. Ho says he is not sure that he should have said what he has to your correspondent except for the purpose of correcting a inisapprehensipn arising from Senator Christiancy's letter, and showing that it was written without a knowledge of the circumstances under which he entered upon tho hearing of the case.