West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1889-08-29
I. c. Ralphsnyder Guilty.


The rule issued against L. c.
Ralphsnyder by Judge johnson last
week, was decided on Saturday.
The following is Judge Johnson's
review Of the case and also his de-
cision. We give it in full. The
court fined him fifty dollars and
costs
On the 10th day OF August, 1890, the court ex
moro motu issued rule returnable on the I'D
day of August, 1889, against l. c. Ralplsnyder, a
practicing attorney at the bar Of Preston coun-
ty, for contempt Of court for his misbehavior
In his Office of attorney I'm his Official character
In this as charged, that when the case of the
State against Gidley and DevaIl was on the 18th
day of this month called for trial the said Ralph
snyder demanded that they be tried separately
and on the next day objected to n severance and
denied that ON the day previous he had made
such demand also that on the said 18th day
OF August, when said case was called for trial
the said Ralphsnyder representing the defend
ant, Devall, said he was not ready for trial, that
he had just that day been employed to defend
Deyall, and was not familiar with the ease that
his brother had appeared for Devall before the
Justice that the court ruled that the parties
would have TO go TO trial. That on the next day
the prosecuting attorney having elected to try
Devail first he was put on his trial and when a
witness for the State was being examined the
prosecuting attorney asked the witness "who
appeared for the defendant on the trial before
the justice 7" and he answered, az G. Ralphsny-
der" The prosecuting attorney then called the
attention Of the court to tho fact that on the
previous day the said Ralphsnyder stated he had
that bpgn yad fora az
then the said Ralphsnydor remarked to him,
What are you going 10 do about it," That
said Ralphsnyder spread before him on the table
while defending said Devall, the evidence he
claimed he had taken down on the trial before
the Justice, and offered to introduce such evi-
dence to the jury.
This Is in substance OF the charge IN the rule
IL true, does this show case Of contempty So
ciety cannot exist without courts, and courts
cannot discharge their duties without lawyers
IL the bench Is impure society suffers terribly.
III the bar Is dishonest and untruthful n pure
and upright Judge cannot properly administer
justice The judge must necessarily rely. with
entire confidence, in the truth and integrity Of
the lawyers practicing before him. The bar Is
the aid TO the court. Clients, In their ignorance
Of the law and rules OF practice, cannot prepare
their eases for trial. The Judge who Is TO act
with strict impartlality between litigante cannot
prepare their cas- es for hearing and Of necessity
there must be agents Of the suitors learned in
law, who can prepare the cases for trial. and
those agents are the lawyers. Society could as
well dispense with courts as with LAWYERS II
the courts must, in their administration OF inst
ice, look 20 the bar for aid, they must Of neces-
sity implicitly trust 10 their statements many
times, or Justice could not properly be admins.
tered. The court asks lawyer 81 witness has
been summoned he relies upon his answer
Tbelawyer tells himhe has agreed with his broth.
er lawyer 20 continue case, and the other at
torney IL not IN the courthouse, he relies inpic-
lily upon his word ami continues the case
misdemeanor case or felony case Is called.
when two OF more defendants are jointly indIct.
ed and the attorney foz the defendants demands
separate trial, the court relies ON the statement
and after arrangements have been made by the
prosecuting attorney for separate trials the
attorney for defendants viii not be permitted
70 withdraw his motion for separate trials with.
out tho consent q tho prosecuting attorney. n
An attorney. In good faith, which r. always
expected. and demanded By the courf
when a criminal or other case is called states to
the court that he has Just been employed In tho
case and Is not familiar wit n and Graves indul.
gence, u will be granted but n any attorney
with some other motive IN view falsely repre-.
sents 20 the court that he has just been employ.
~ ~ tto tA5e hAa Knows nttle or nothing about
-, and thus Graves a delay ~ but an hour. he
has done reWehensiblo thing The attorney
before DC can even apply Tor admission 10 tho
bar must furnish from the county court Of the
county IN which he has lived for year previous
certificate of"gOod moral character" good
moral character cannot be predlcated ~ en-
untruthful person When he has been ad
mitied 70 practice he Is required fotake an oath
that he viii "hOnorably demean himself IN tho
practice u the law, and ~ tho best 81 his ability
execute BE ONCE q attorney a. law" code.
Chap. $50 Sec. g.
II b. honestly domean himself in the practice
Of The law, be will not attempt 60 deceive the
court iie viii resort 10 no provaricati0ns or
nisrepTesentatiOn, but will honestly conduct
himself in Tho practice u not only one ~ the
most hOnored but one ~ the most noble profes.
sions. Lawyers have furnished more a tho
heart and brain ~ every grand movement for
The amoiiTatiOn ~ the human race than has
been furnished BY any other class Of men. All
tho judges come from tho bar. and by FAR the
greatest number ~ our eminent statesmen.
There Is, unfortunately. an impression abroad IN
The country That lawyer al a class. are tricky.
dishonest aud uhtrutlfni This is O faI.e im