The Portland daily press., 1880-10-30
DANIEL w. SCRIBNER.
REPORT OF THE BAR COMMITTEE.
They Find all the Charges Sustained.

Yesterday afternoon meeting of the Cum
berland Bar was held in the library room to
hear the report of the committee on the
charges against Daniel W. Scrbner.
The Morgan case, to which reference is
made, is the suit of T. w Morgan to recover
great property in New York which, it is
claimed, Gov. Morgan of that State and others
| illeg ally retain, the particulars Of which were
reported a long while ago. The St. Clair case
is that of the man whose wife was arrested for
passing notes presumed TO have been obtained
by the lightning saw swindle.
President Bradbury presided, and Chairman
Rand from the committee reported as follows:
To the President and Gentlemen of the Cumber-
land Bar association:
Your committee appointed October 23d to in
vestigate and report upon certain charges pre-
:erred by Mr.. Theophilus B. Morgan against
Daniel W. Scribner, ESQ.,. member of this
in the presence of Mr. Scribner and under his
cross-examination, the testimony of the COM
plainant and witnesses produced by him; have
examined with care the documentary evidence
and have heard all statements aud explana-
tions offered by the respondent, and report as
follows:
It is both proved by complainant and admit
ted by respondent
1cts udt Sdlu OCrlUuer uaQo WIN SdlQ MOI
gan on June 10, 2879, an agreement in writing
to prosecute and defend certain suits upon
shares, which agreement your committee find
was corrupt and in violation of law.
I'd. That while pretending to act under said
agreement, said Scribner repeatedly stated to
said Morgan and others in interest that he had
commenced suits in equity in the Circuit
Court of the United States in both the first and
second circuits, and that in these suits certain
motions had been made, hearings had, orders
and DEGREES made and decisions rendered in
favor of complainants, all of which statements
were absolutely false and known to said Scrib-
ner to be false.
3d. That said Scribner stated to complain
ant that he had retained BENZ. F. Butler, ESQ.,,
as counsel in said pretended suits, which st ate
ment was entirely untrue.
4th. That under said agreement said Serb
ner received from complainant one or more
sums OF money for a certain definite purpose in
connection with a suit pretended to be brought
in New York, but said Scribner instead of ap-
plying said money to the suit he had stated con
verted the same to his own use ithout the
knowledge of complainant.
5th.' That from June 10th, 1879 during his
entire business relations with the complainant,
said Scribner made innumerable false and
fraudulent statements to said Morgan and 9TH
ers interested, or, as Scribner stated to your
committee, II don't want to disguise it.
lied to the man." 1t is proper to add Scrib-
ner's further statement viz: 81 did so with no
corrupt motive but for the good of my cl-
ents."
Respecting the charge that in February last
Scribner caused to be published in local
newspaper, published in Portland, the Sun
day Sun, an affidavit in regard to the St. Clair
forgery purporting to be sworn to and signed
by Morgan which was utterly false, it is ad-
mitted by all parties that complainant never
signed or swore to any such affidavit. The
original affidavit has not, and probably cannot
be- produced. The jurat in the affidavit as
published, is dated Feb. Sd, 1880, and signed
John Brewer Jr., Justice of the peace" and
it is admitted by Scribner that it was SO dated
for publication. Scribner claims it was so
dated and signed when'he took it from Brew
er's office, while Brewer swears positively that
he had neither signed nor dated it when he
| delivered it to Scribner Upon this point the
| parties are squarely al issue but, under the
settled rules, as to the credibility of witnesses
| and weight of testimony, your committee is
obliged to report that Scribner is probably
guilty OF this particular offense with which he
stands charged.
| In conclusion your committee recommend
that the Cumberland Bar Association cause
| proceedings to be commenced forthwith
against Scribner under chapter 1873 of the laws
oi 1917 emitted an act to provide process for
the removal of unworthy attorneys
] All of which is respectfully submitted and
| your committee ask to be discharged
| ss=EDw.'M. RAND,
AEDoN w. CooMBs, Committee.
| dANNO w GAGE,
Portland, Oct. 49, 1880.
Upon motion of James O'Donnell, ESQ.,, the
| report are accepted.
On motion of Vice President S. C. Strout it
was voted to prosecute Scribner, and the pres
ident was requested, assisted by committee
| OF three, to lay the matter before Judge
Symonds before the adjournment of the SUI
preme Court The case will be prosecuted by
the county attorney, Mr. Coombs, and he will
be assisted by President Bradbury, Messrs.
Rand and Gage. ~