Wichita eagle., 1889-11-29
THE COURTS.
DISTRICT COURT.
THE JERoME-zINfMERLY CAsE-DECIsIoN OF

THE JERoME-znfMERLY CAsE-DECIsIoN OF
JUDGE REED.
Judge Reed, of the dirtrict court, on
Wednesday afternoon filed his decision in
this case. It will be remembered that
some weeks ago application was filed fol
the removal of Edwin White Moore as
guardian ad litep Of the minor heirs Of
Mike Zimmerly. No evidence being of.
fered at the time, the court on its motion
appointed Mr.. l. p Campbell a special
commissioner to investigate and report 20
the court all the facts.
The commissioners report was made
about three weeks ago and has since been
under consideration by the court. Speak
ing of the work of the commits
sioner, Judge Reed, in his opinion.
says: 'The report comprises two
hundred and sixty closely written pages
in small type. That he has fully covered
the ground is shown by this great mass of
testimony, which extends from Dan to
Beersheba." A large number of witnesses
were examined, among them being Judge
Balderson himself.
/ have carefully read and re-read the
testimony, and feel that | can pronounce
judgment upon it with the fullest intelli-
gence. | will say at the outset, that moth
ing has been disclosed which can distruo
the original action OF the court IN the case,
or which reflects In the slightest degree
upon any one connected with it.
Scarcely dozen pages Of this testimony
would have been admitted in the action
under the rules OF evidence, and yet, for
the purpose of this Investigation, have
treated every syllable as though it were
competent
The guardian ad Item, so far from be-
ing censurable for not having brought
such mass OF Irrelevant, incompetent
facts before the court in the first instance,
would have only been triiing with the
time OF the court if he mad done so, and
might have hazarded his reputation as an
intelligent lawyer.
He then proceeds TO discnss the testi-
mony, and, after an exhaustive review OF
the facts in the case, concludes as follows:
The further subject for consideration is
the charge made and filed in this court /
against Mr.. Edwin White Moore, guar |
dian ad liten, and Mr. David Smythe, at |
torney for the plaintiff. In view of ali the /
facts now before the court, it is impOssi- |
bic to conceive of a more groundless /
charge. The court has searched the record |
in vain for fraud and collision on the part |
these gentlemen, and can trutDfuliy say /
that not fact has been developed which /
can cast shadow on their honor On the |
contrary Mr. Moore has been shown 10
have performed his duties carefully,
thoroughly and conscientiouslv: and Mr..
Smythe, as counsel for Mrs. Jerome has
been straight foryvs ri and honora blo in ALI /
his acts. The charge, therefore, made
against these gentlemen being unsus-
tanned, cannot be countenanced by this
court, and the paper containing these
charges will be expunged from the record
of this case as scandalous and impairment.
1t is matter of regret to this court that
Judge Balderson should have SO far for
gotten the proprieties of his own position
rs to place upon the records of the COM
missioners these unseemiy reflections
They can not be allowed to remain on the
records of this court, and that portion OF
the testimony which contains any dsre-
spectful reference TO the court is ordered TO
De stricken therefrom
The motion to confirm the report of the
is sustained and the attor-
1eys are directed TO draw journal entry
n accordance Herewith.
POLICE COURT.
Yesterday was a very dull day in police
circles, and nothing worthy of note oc-
cured. Two plain dranks only ornament
he docket aud these will be disposed of in
mild way this morning. Judge Musel-
er found no occasion for holding any court
md like the others the police court at
ended to Thanksgiving.