Morning journal and courier., 1883-11-10
aournsI xrsa Collrisr.
Saturday. November 10, 1888
ProfeseionaI Misconduct.

 on Trial Before the Superior COurt-The Statements Made on Bot n Sides. li.a In the civil side of the Superior court yes .erday morning the cases against Lawyers John H. Futile and A. D. Penny, who are charged with professional misconduct, were brought up by State Attorney Doolittle. The substance of the documents presented to the court was, that on April l, 1880, Dr. Luther M. Gilbert gave for cole ction to John H. Futile claim of $525 on Elias Gilbert, of Conn. Mr. Bates, an att orney of Danbury, paid $5o9 in 1880 over to Lawyer Futile. Shortly afterward MT. Futile left town and since then has never paid over the whole amount to Dr. Gilbert Therefore the information prayed that Mr. Futile be dis barred. Dr. Gilbert went on the stand and testified that on July 9, 1880, he received from Futile $50 of the money. On the 25th of August, 1882, he received note of $225 from John Futile, the father of John H., and a note of $175 from John H. The fathers note was honored at the bank, but not the sons. Consequently LIT. CIID6fG 1@S been minus EQaG money. 4A6 doctor admitted to Lawyer Blydenburgh, who defended Futile, that the latter had kept the interest on the note paid. When the doctor tried to find Futile he learned that he had left the city.
 Futile was put on the stand. He said that on the day previous to his leaving town, IT the summer of 1880, he called on Dr. Gilbert l intending to pay the whole sum over to him but the doctor was not in and his wife could | not say whom he would return. Vherefor' | he left town without paying the money i He left town because of domestic infelicity | When he reached New York he attended { 1 concert and had his pocket robbed of $375 | He wrote to Dr. Gilbert announcing his los and promising to pay Dr. Gilbert all that h. owed him. He then went to Albany and re mained there until he returned to this city il 1 the spring of 1882. MT. Doolittle inquiret l if MT. Futile had not been accompanied by woman on this trip to and during the sojourl l in Albany. Mir. Futile replied with mucl | show of indignation that he had not; that on woman had spoiled his life, and he therefor did not want to have anything more to d 1 with the fair sex.
 The case was submitted to Judge Beardsle for decision without argument.
 The case against Mir. Penny was next take up. The charge against him was that i March, 1878, he received from Margare Murphy, of 28 Clay street, twenty dollars
 
 of the court was called to the matter by th Tax committee, before whom Mrs. Murph appeared and asked for the abatement of he tax on the ground of poverty, claiming thu she had paid the money to Penny for he
 taxes and that she held his receipt for th
 same.
 Alexander sTroup, a member of the Ta
 committee, testified that Mrs. Murphy can
 before the committee and made her stat
 ment as already referred to, and produce
 her receipt, which in substance read: "R
 oeived from Margaret Murphy twenty dollal
 for taxes. A. D. PENNY"
 The receipt WAS in H. l.. Hotchkiss' custt
 dy and could not now be found, as that ger
 tleman was in Europe. MT. Troup testife
 that he called Lawyer Penny's attention
 the matter, and he always insisted that thel
 must be a mistake in the tax collector
 office, for if he had given the receipt he ha
 paid the money over at the tax collector
 office. The witness said the Tax committt
 tried several times to have Mir. Penny con
 before them and make his statement. Tn
 he never did.
 Mrs. Murphy swore positively that she gay
 Mir Penny the money to pay her taxes an
 she supposed he paid it over. She, too, ha
 been to his office repeatedly to get him to z
 with her before the Tax committee. Penn,
 she said, had collected two debts of ten do
 lars each for her, and in collecting tn
 money lad run her in debt to the amount
 ten dollars over. When she gave hi
 money to pay her insurance she was one do : lar short. He (Penny) agreed to fix it 6 : right. He did, and a day or two after sl paid him for it $12 25. These two statcmen of Mrs. Murphy created great deal amusement in the court room which was VIC filled with members of the bar. Judge Sal ford, who occupied a seat beside Judt Beardsley on the bench, could not refra from smiling.
 Frank Anthony, clerk in the tax colle tors office, testified that Mrs. Murphy taxes had not been paid. 1r. Penny certai ly had not paid them to him
 } In his own behalf Penny testified that had done business for Mrs. Murphy for tl last ten years, and during that time hs brought several suits for her. Sl } kept boarders and frequently they ha to be factorized. Besides this sl had trouble with couple of her sons WI l were hard cases. The accused elaine that Mir. Troup would not show him the r ceipt until the very last thing before u 1 complaint was brought. He had told NJ Troup that if he could show him any goo reason why he should pay over the $20 to u l woman that he would pay it.
 Judge Beardsley after hearing brief arg ments by MT. Whedon and Mir. Doolittle r } served his decision.