"315 LEX. AVENUE, NEW YORK, _Feb. 27th, 1875_.
"MY DEAR GOVERNOR,--I regret that your kind intentions were so
fruitless of effect. I am pleased, however, to find that the intended
appointment of McLaughlin is generally approved. I am gratified, too,
that Stemmler still is in the land of the living.
"I met your nephew, Mr. Pelton, at Marble's, as I presume he has so
informed you, and there told him of Stemmler's death and advised a
speedy appointment to fill the vacancy. My information was from the
County Clerk's office; one of the principal clerks employed there gave
me the information, and handed me at the same time the _Daily News_,
which contained an account of the death of Stemmler. I enclose you
herein a scrap cut from that paper, and one, too, referring to the
matter afterwards.
"'CITY NEWS.
"'DEATH OF JUDGE STEMMLER.--Judge Stemmler of the Fourth District Civil
Court died this morning at his residence in Seventy-first Street. Mr.
Stemmler has long been an invalid. A short time ago an abscess on
his right side was operated upon, and he was greatly benefited. Soon
afterward he began to fail and took to his bed. Deceased was 63 years
of age.'
"'CITY NEWS.
"'THE MAN WHO WILL FILL JUDGE STEMMLER'S PLACE, PROVIDED THE LATTER
DIES.--Mr. J. Fairfax McLaughlin, who was yesterday appointed to
fill the supposed vacancy in the judgeship of the Seventh District
Court, is a native of Maryland, where he practiced law for ten years
before coming to New York, which he did about four years ago. He has
practiced law in this city, but is at present a clerk in the County
Clerk's office. He has the reputation of being an elegant gentleman and
scholar, speaking several languages. Judge Stemmler, however, is still
alive.'
"I did not suppose that you would act promptly, and regret that the
affair has occurred.
"Permit me to thank you for your well-disposed intention to do this
kind favor.
"Wm. Dunham informs me that the bill authorizing the Board of
Supervisors, or rather empowering them to remunerate him for the care
and maintenance of prisoners committed to the debtor's gaol is now in
your hands awaiting your signature.
"I have had some experience in the care of the gaol, and was paid a
_per capita_ for maintaining the prisoners. It's unjust, then, to
Dunham that he should not be paid. It appears that the gaol has always
been supported by the county, yet there was no law authorizing it to be
done. This was discovered when the predecessor of Dunham sued for his
money on Green having refused to pay him. Dunham would not have taken
the place if he had known that there was doubt about the remuneration.
This law, then, as you have evidently seen, simply allows the Board of
Supervisors to pay him what is just and proper for services rendered,
and for which he has not been paid by the county.
"Yours truly,
"JOHN KELLY."