The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1881-11-10
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A JUDGE ARRAIGNED.
Serious Charges Against the CHIEF Jus.
tlee Of Dakota,


A JUDGE ARRAIGNED.
Serious Charges. Against the Chief Jus
tlee Of Dakota.
WASHINGTON, November 9.-ChaTges
have been filed in the Department Of
Justice against Peter O, Shannon, Chief
Justice Of Dakota, by leading members Of
the Yankton Bar Association, shannon's
commission expires on the lst Of Decem-
Der, and the charges are filed to prevent
his reappointment. The charges are
signed by S. L, Spindle, President OF the
Bar Society and ex.Delegate in Congress;
+, D, White, Secretary Of the Bar Associa-
ton; George II, Hand, present Secretary
Of the Territory; H. G, Smith, United
States District Attorney; s. A. Byles,
Chairman OF the Dakota House Judiciary
Committee, and all the leading lawyers Of
the 'Yankton bar The practical opposi-
tion OF nearly the entire bar would al least
impair the usefulness OF the Chief Justice
aside from any question involved In the
charges, These charges are Us follows:
That although he is generally courteous
and ailable gentleman out Of court, his
conduct on the bench is generally disCour.
teous, overbearing and often arbitrary in
the extreme. He repeatedly insults and
abuses attorneys and parties In open court
without just cause or excuse. His dispo-
sition and temper in court arc so extreme
ly irritable rs TO unfit him for n Judge,
lie seldom tries civil case without aC-
lively taking sides. His conduct on such
trials often tends TO prejudice the jury, re.
sulting In many cases In practical denial
OF a fair and impartial trial.
In the trial Of criminal cases he seldom
fails to actively espouse the cause Of the
prosecution. And the almost uniform OK.
pericnce OF attorneys defending parties
charged with otfenses Is that fair and
impartial trial Is seldom held In bis
court In criminal actions, He repeatedly
attempts to belittle attorneys, and sneors at
them during the progress Of trials when
they differ with him on the law OF the case,
and often makes iniammatory and insult
ing side remarks not in the record when lie
rules against them; and repeatedly when
he rules in their favor, he makes light the
position OF counsel by yunCalled for remarks,
gestures and expressions In the presence Of
the jury.
He takes various opportunities outside Of
trials, but in the presence Of jurors, 10 dc.
liver discourses about the dignity, duty and
honesty OF the court; and repeatedly on
such occasions he abuses his officers and
the attorneys Of his bar, without just cause
or excuse, tending, II possible, to create a
prejudice against them.
That In Ills efforts within tho past few
weeks to secure the endorsement OF certain
members OF the bar OF his district, and 10
secure their signatures 10 his petition for
reappointment, he threatened and inso-
lently abused them, In order to Coerce their
support.
lie is repeatedly publicly intoxicated,
and in such states OF intoxication he at
times is abusive and insulting to members
OF the bar, as well rs to citizens; at which
time he is unfit 10 perform his duties as
Judge. Such habit of becoming intoxicated
has continued for a long time at intervals,
and has become frequent and marked Of
late.
That on or about tho 18th Of August,
1870, he capeed TO be presented 10 the De-
partment OF Justice ut Washington, D. O.,
certain fictitious letter, signed in the
name OF Henry s. Carter" (which hctiti.
Gus name or signature the bar find 10 he
In the handwriting Of Judge Shannon) for
the purpose Of influencing, or Causlug 10
be influenced, the auditing officers Of The
Treasury Department Of the United
States, in their action on Ger.
tain account j. Of j. II. Burdick,
late United States Marshal Of DE.
kota, for services and expenses In arresting
one Fritz Drougmund, which account had,
in part, been therefore disallowed by said
Judge, and was then in the Treasury De
partment; and for the further purpose, and
BY means OF such fictitious letter Of intlu-
encing the Attorney.G General Of the United
States In his actions on an application ior
a nOlle proSegli then made BY defendant, In
criminal action by the United States
against one James Roberts for introducing
liquor into the Indian country, which &C.
ton was then pending before Baid Judge In
the Second Judicial District Court Of Da.
kota.
The fight against Judge Shannon has
been pending some time, but owing 10 the
assassination Of Garfield and the unsettled
state Of affairs II has not been actively
pushed until now. The brief accompany.
Ing the charges Is signed by ]. Il. Gamble,
who Is here representing the Yankton Bar
Association. A copy OF the fictitious letter
written by Judge Shannon has also been
submitted 10 the department.