National Republican., 1878-06-10
AN ANOMALY IN JUSTICE.
A Lawyer Asks for q Rule to
Issue upon Himself.
COLONEL Cook Asks for q Legal Investiga-
tion Of His Own Characteristic Inter-
estinE Case Growing Out Of tho
Curtis Triai-Judgs wyiie Charged
with Making Improper Accu-
sntions Against Counsel

Saturday morning. with Chicf-Justioe Cartier
and Justices wylie, Oln, and Macarthur on
the bench, Colonel william A. Cook arose and
stated that he had petition to present; but,
as ho supposed tho court first desired to de-
liver opinions, he would wait until that bust
ness was completed, unless the court should
otherwise order.
Chief.Justice Cartier directed him to pro-
coed, rcmarking that the present was rs good
| time for the purpose as any other.
Colonel Cook then arose and said that the
petition was signed by himself, and was for q
rulo upon him to show cause and sec IL he was
guilty. 1t was a matter in which he was deeply
concerned. Recently in another court lie had
been characterized in severe terms In which
the words trickstcr," dishonest" morally
corrupt" and other expressions were used by
the Judge in some remarks that were made to
| the jury.
Chief.Justics Carttcr-What court?
Colonel Cook--Justicc wylic's Ifthc charges
| made were true, he should be dismissed from
the bar or censured. IL they were false, he
should be vindicated and protected. Two
stenographors had taken the remarks on tho
OCCASION and their notes had bccn compared
and found to agree.
Justice wylie--I do not know to what case
you refer
Colonel Cools-Thc Curtis trial.
Justice Wylie-I think that you connected
yourself in that case with great zeal aud great
! ability. did make some observations of u
general character, but did not alludo to you
! personally.
Colonel Cook was out of tho courtroom
Justice Wylie-Then you should have
called my attention to the matter when you
| did come in.
This ended the dialogue; the papers were
handed to the clerk but the rule was not
issued, aud whether 1t will be or not tiinO will
tell.
The petitioner states that upward of twenty
five years ago he engaged in the study of the
| law in Pennsylvania, and became u practi-
| toner in the inferior and Supreme courts of
tile State subsequently in Iowa and other
localities. Ga October 3, 1865, he Was admit.
| ted to practice In this District and is also a
member of the Supreme Court of the United
! States. During this timo he has cndcayOred
! TO be what lawyer should be. He therefore
deeply regrets that Hon. 4. Wylie, in his final
charge to the jury in the case Of the United
States VS.. Edward Ray, took occasion to assail
HIS PROFESSIONAL CONDUCT AND CHARACTER,
which was especially done in the following
words:
Now | may extend my remarks further
while | am on this subject. The court, for
reasons already assigned, refused to give per-
I mission tD the defense to prove, aud intro
ducc witnesses to prove, that the girl had
/ been guilty prior to that tiInC-thc date of the
alleged crimc-Of any specific onrnsc of this
/ character with other men, for the simple rea.
son. as have told you before, that it would
/ give them al opportunity of blasting her rep
/ utLtiOu without giving any notice; assgiing
. her character without making any charge
IaiH5t II. I ,cou!t ntvrr allows anything
| of that kind The court does not permit it,
| And second they brought number Of UituCs-
7 e. here, and passed them before You, offering
( t. prove these things They passed for nothing
/ | may say that was an attempt at sort Of
crCumvuntiUn to the ruling If the court 1t
was offensive to the court. | take this Oppor.
tunity Of reproNing the attorneys of the de-
fcmsc for it.
The court had ruled upon this that no
evidence upon that subject was admissible,
Yet one after another dozen disrespcctful
| characters were brought forward for the pur-
pJsC OF proving specific facts, when probably if
these parties had been sworn not one of them
would have been able to prove or have sworn
to what II was prOicsscd they were called for
aud you are bound to assume that every one
of these witnessed that were paraded before you
would have refused to have sworn to what
they were called for l can say this much to
prevent the attempt at circumventiOn. 1t was
II mere trick they paradcd them for the pur.
pose Of imposing upon the credulity of the Jury
1t was an insult to you and a disrepect to the
court. Now, as to her character subsequent to
, that time. The court ruled that no evidence
upon that subject was admissible. We had
the same parade gone through as to 1t, and !
merely refer to what said of tho other at
tempt and my objections to it,"
The petitioner states that these words were
uttered when he was absent from the court
room, aud if lie had boon present no reply,
perhaps, could have properly been made.
THE ACCUSATIONS
were against the petit tiOncr and his associates,
and Of the most grave and severe character,
involving both the purity of purposes aud tho
correctness and propriety of acts. The pcti-
toner then goes on to deny scridtem the allie
cations made, but adds that tho fact was that
} the counsel differed from the presiding Judge
on questions of law and evidence. They
plainly, cOurteOusly, and persistcntly pre-
sented aud maintained their maturcd opinions,
! and, while temporarily submitting to his decis.
; ions, excepted to them all and endeayorcd to
make record of all the points, In Order II
there should be a verdict of guilty, the sup
! posed errors might be reviewed in the appro-
! pirate appellate tribunal. 1t was this conduct
which excited the indignant reprOof of the
Q Judge, and evoked his bitter invectye and
severe denunciation, aud whatever the petit
; toner did was i'll the strict performance of his
duty to both the court and his client. II the
c accusations were true, it was certain that the
, petitioner deserved the formal TcprOOf and
! Ccnsurc of the court, and probably his name
should be stricken from the roll of the
supreme court Oh tue DISTRICT oil lOlumDu
D If no. true, he respectfully submitted that il
: was due to him that he should be vindicated
from the apparently studied and deliberate
j, charges Of the court. lie therefore prayed
for "a rule, &c, aud the facts to be reported at
the next term Oi the court, In September next
5 Fees Of the Register In Bankruptcy.
The Supreme Court Of the District last Sat
urlay decided a case which, as a precedent
/ will be Of considerable importance in this Dis
t.ict, especially to those individuals uniortu-
mato enough to be swallowed up in bankruptcy.
The matter Of Registers fees has for sometime
been II disputed question, many attorneys pro
testing that they were both cxOrbitamt at time:
= and illegal bnt none Of the c0unSclOrs seemed
c disposed to carry the matter to the court Ia
= Jrnc aud there have it adjulicated.
Finally, IN the matter Of benjamin L. Git
u tings bankruptcy the question Of excessive
c fees again arose X. Ross Perry, esq, persist
Il.