The record-union., 1891-03-05
CARPENTERS CONTEMPT.
The Attorney Asks that Judge CatIin
be lmpeached.
Charges Filed in the Assembly-The
Judge is Surprised but Says
He is Right.

that he had received articles of impeach-
ment against Judge of the Superior
Court, and, by consent, referred the mat
ter to the Judiciary Committee.
Little attention was paid to the matter
at first, but it was not long before the
Sacramento members learned to their
surprise that the Judge referred to was
none other than Judge A. P. Catlin, of
this city, presiding in Department One of
the Sacramento County Superior Court.
The charges are very lengthy, but the
RECoRD-UNIoN secured the substance of
them for its readers.
WHAT THE CHARGES ARE.
The document recites that Amos III.
Carpenter, an attorney of Stockton, Cal,
complains of A. p. Catlin. who is now,
and has been since January 5, 1891 Judge
of the Superior Court of Sacramento
County. That on February 2S 1891, he
"willfully, maliciously, corruptly and
fraudulently' found Carpenter and D. NJ.
Vance guilty of contempt of court, fined
each 500, and, in default of payment, SEN
fenced them to 100 days in the County
Jail, when he tthe Judge) knew well that
the men were innocent of the charges.
That Catlin made use of his position of
Judge corruptly for the purpose of wrong
fully depriving Carpenter, under gllse of
the law, of his liberty and estate. The
complaint goes on to state that Carpenter
was attorney for d. NJ. Vance, defend
ant i'll the case of Pennie ct al. VS.. ViSher
ct al, a suit to annul certain contracts
made between Charles Mclaughlin, Sc
bastian Visher and w. H. Lyon annulled,
and to quiet title to lands affected by those
agreements. The heirs of Mclaughlin.
immediately prior to the rendition of
judgment in the case, purchased the
rlphfS Of NiShnt. and 1afanIo,,te
whereupon, without trial on merits of the
case. a decree of court was rendered can
ceiling the contracts and quieting title to
the land; that D. NJ. Vance was "a party
defendant, but his interest was not pur-
chased, and said decree was entered with
out his consent, and in consequence of a
pretended default secured by the Nc
Laughlin heirs while Vance had a motion
for change of venue pending before the
Superior Court.
PERPETUAL INJUNCTION.
That the court refused to set aside the
default, refused Il change of venue and
rendered perpetual injunction against
Vance without giving chance to make a
defense.
That Vance appealed to the Supreme
Court from the Judgment, and after his
appeal was taken, on January 30 1891
atfidavits were filed in the Superior
Court, in which Vance and his attorney,
A. III. Carpenter, were charged with do
ing certain acts alleged to be in violation
ofsaid Judgment. That trial was had from
the 10th to the 2Sth of February, with the
result of imprisonment as stated. The
complaint points out the following par
ticulars, among others, in which the
judgment of contempt and findings OF
the Judge, Catlin, were willful and mali
cious misstatements:
i. That Carpenter counseled u. M.
Vance to violate the judgment of Pennie
VS.. Visher by interfering with tenant of
the Mclaughlin heirs, occupying the
contested land. The complaint claims
that Catlin well knew this to be false and
without evidence to sustain it.
2. That Carpenter aided and abetted
Vance in interfering with the tenant OF
the McLaughlins-also claimed to be q
false finding.
MORE ALLEGATIONS.
That Catlin corruptly adjudged that
Carpenter had full knowledge of the in
junction by which Vance was restrained
when Catlin well knew it to be false.
That Catlin adjudged that Carpenter
wrote a letter TO Vance advising him to
lease section 33 to Evans, because he
would be good man to defeat the plaint-
IFS title thereto, Carpenter intending
that Evans should be used as a tool foI
that purpose, such findings being false
That Catlin found that these acts (Which
unlawful disobedience of the Judgment
in Pennie VS.. Visher, he (Catlin) well
knowing the finding to be false.
The complaint recites similar malicious
findings in the case of Vance. and con-
cludeS:
''That the findings of said court are
conclusive, and cannot be reviewed by
an appellate court, and, as they now
stand, the complainant's honor and in
tegrty as an attorney is brought in
question and his right of property and
personal liberty is taken away, under the
gulse of law, by judgment which is
wholly unwarranted by the facts and the
evidence in the case, and there is no rem
edy except an appeal to the Assembly"
The complainant prays the Assembly
to pass resolution impeaching A. p.
Catlin forthe misdemeanors charged, and
Tor such others action as may seem Just
and equitable.
THE JUDGE SURPRISED.
Judge Catlin was completely taken by
surprise, when a RECoRD-UNIoN re-
porter called at his residence last evening
and informed him of the fact that articles
of impeachment had been filed in the
Assembly against him. He remarked
that Carpenter and Vance ought rather to
have considered themselves fortunate in
escaping with so light fine.
thought OF making the punishment
heavier" said the Judge, ''but finally de-
termined to make the amount of the fine
500, since there were two of them in
volved in the affair. The title of the suit
was Pennle ct al. VS.. Nisher ct al, and
was brought to annul certain contracts
made between Charles Mclaughlin, Sc
bastian NiSher and w. III. Lyon, and to
quiet title to the lands involved in those
contracts. | was not in Office when the
suit was commenced, but Judge Arm
strong, my predecessor, was, and he rem
dered a judgment in March, 1890, where
by the defendants, including Vance,
were
FOREVER RESTRAINED AND ENJoINED
From entering into or upon the lands in
question. or from prosecuting or MAIN
tanning any action whatever to recover
the lands of the plaintiffs, or from enter
ing into or upon the possession of the
lands or any part of them. They were
also enJoined from leasing the lands to
any person, or from disturbing the ten
ants or the plaintiffs. An appeal was
taken III April, and pending this appeal
Vance and his attorney, Carpenter con-
Quoted themselves in manner which |
deemed was in contempt of the order OF
the court. On the taking of testimony in
the contempt case it was clearly shown
that Carpenter and his client, Vance.
commenced interfering with the tenants
of the Mclaughlin heirs in November
and December, after Judge Armstrong
had rendered the judgment. Vance
drove some sheep off the land occupied
by Mr.. Evans, a tenant of the McLaugh-
Inns, and complaint was made against
both him and his attorney.
II dealt with the case as it came before
me and listened to the testimony of wit
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N g AAAO