National Republican., 1888-03-18
LIVELY TILT IN COURT
BETWEEN THE JUDGE AND ASSISTANT
DISTRICT ATTORNEY LIPSC0MB
The Lawyer Ordered to Take His Seat
Not Complying the Marshal Di-
rected to Assist Him-His Honor
wants Another Prosecuting Oficer.

Regular attendants upon the session, of
the criminal court have noticed for some
time past that there has not existed be-
tween Justice Montgomery and Assistant
District Attorney I.ipscumb such harmony
ns there should he between the coordinate
branches Of the court for the trial of Grim
inal cases On several uccasiuus his honor
has ruled very strongly against Mr.. Lips:
comb. and at times his remarks have been
very severe.
With this state uf affairs existing be.
tween two gentlemen Of their force of
character and strong will, II was natural
10 expect u conflict Of opinion and au-
thurity. II came yesterday, and fora time
the judge and lawyer exchanged cOmpli-
mcnts and quoted law in Il very excited
manner. The trouble occurred near the
close of the days session. shortly after
O'Clock MIR. LipsCumb arose and asked
leave to enter Il mOlle pros in the case of
William tollncy, charged with tOrliCa-
ton. His honor acquicsced, as no cOnvic-
ton would stand under the recent deci-
sion of the general term.
Mr. I.ipscomb then made similar re-
quest in the case of Jasper Jackson, who
lad been convicted some time previous of
assault with intent To kill and on Friday
Montgomery. His honor demanded to
know Mr.. Lipscomb's reason for the mo-
tion. "On the former trial the govern
ment made n strong case and secured a
verdict of convictions you have thrown il
out, and don't think stronger case can
he made, said Mr.. Lipscomb, calmly.
Justice Montgomery replied, II don't
order, Mr.. Clerk"
Mr.. Lipscomb, who had remained stadn-
ing But, your honor
Take your seat, sir" thundered his
honor, who had turned very pale. 81
have taken impertinence from you long
enough and don't intend to have any
more of it, Mr.. Lipscomb, also pale,
to sit down, and his honor repeated the
instruction to be seated "If the COURT
again remarked Mr.. Lpscomb. sit
down. sir; marshal, you will compel him
to take his seat" said his honor.
Several deputy marshals made move
ments US if they intended to execute the
command but none of them approached
| comb had remained standing at his place
| and several times attempted to speak
| He finally succeeded, and asked, will
| the court inform me in what way | have
| been guilty of impertinencc?
Take your seat sir" replied the judge
| But, sad Mr.. LipSCOmb, If YOU Will
| allow me, | will finish my remark. The
district attorneys office does not acknOwl.
edge the right of yourself or of any other
judge to dictate to them what cases they
| will prosecute or what ones they will not y
This remark served to still further pro.
woke his honor and he said: Marshal
will you request Judge Hoge to step down
here, and, Mr.. Lipscomb, have you any
reason to show why you should not be
disciplined" Mr.. Lipscomb did not
reply but walked to the water cooler, got
Il drink, and returned and took his seat
In q few moments District Attorney Hoge
entered, and his honor, addressing him,
said For reasons that | will tell you
afterwards, | would request that either
yourself or Mr.. Coyle will represents the
government in this court the balance OF
the day" Judge Hoge aSsented and took
a seat beside Mr.. lipscomb, who informed
him of the nature of the case to be argued
and then left the room.
After court adjourned Justice Mont
gomery and District Attorney Hoge had &
conference, but what result they arrived
at is not known as both Mr.. Lipscomf
and Justice Montgomery declined to be
interviewed. In regard to the vexed
question a representative of the REPuBLI
CAN interviewed number of lawyers, ant
it was the general opinion that the district
attorney had full power to nolle pros. any
case, but the judge had control of tn,
docket and could refuse to allow such al
order TO be entered on the docket.