The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-06-14
WHO DREW IT UP?
Quarrel Over the Paternity of
the Tuscarora Suit.
Passage at Arms Between Two Attorneys on
the Result OF the Appeal to
Judge Zane.

II Attorney Newton is as good as his
word, Powers and Hiles will have a libel
suit 10 welcome them home from the
Chicago convention.
During the trial of the Tuscaroras versus
the straight Democracy, Ogden Hiles. who
10 one OF the attorneys for the plaintiff,
excused the defects OF the complaint by
saying that the person who drew it was
ignorant Of the rules of pleading. Mr.
Newton's name was signed TO the docu-
ment, and Hiles' remark naturally cast IN
savory reflections upon his legal ability.
When court adjourned, Mr.. Rawlins, at
torney for the straights. asked Mr.. New
ton If he was the Father of this legal
freak Of nature.p
The latter, not wishing to appear as lack
ing IN the most fundamental rule OF Law
that of good Observation-Disclosures, 'let
the cat out of the bag"
He grew somewhat excited and said:
by, ! am going to sue Powers and
lilies for defamation OF character: Powers
drew that complaint and signed my name,
and now Hiles comes into court and re-
fleets on my ability by saying that / don't
know how to draw complaints
The room was filled with ''straights, 7"
and the roars of laughter which greeted
Newton's anawer brought the deputies in
from the msrshal's Office.
why" remarked Judge Norrell, ''your
name appears at the bottom as attorney :;
and although you did not draw 1t you are
responsible for its character, because you
read and then signed it,"
THAT shouldn't make a d. bit of differ
ence," replied Newton, ''for Powers
wouldn't have allowed me to change 1t IL
had wanted tor
The unres trained mirth of the ''straights'
still echoes in the new court room and dur
ing the second outburst Attorney Newton
vanished down the elevator shaft.
Lawyer Billy Condor, who attended court
during the entire morning and afternoon
sessions, made pilgrimage diagonally
across the street where, by a strange coin
cidence, he met Judge Powers, Newton and
'Curly' Glen.
He asked Powers if he was responsible
for this most deformed of deformities."
Judge Powers replied: Il didn't draw
that complaint; Ogden Hiles did"
well, / like Hiles' gall was al that
Billy could say.
This is, probably. in one respect, one of
the most unique cases ever tried in court
Of justice. The complaint, the most i'm
portant part Of any action, has no author.
Biles says that 'the man who drew Il don't
know anything about the rules OF plead
ing;" Newton claims that Powers drew it,
and Powers says that none other than
Ogden Hiles was its father.
it will ever remain a legal curiosity
among the files Of the clerks Office Chief
Justice Lochrie's decision has been re-
yersed. and the Tuscarora contingent
laughed out Of court.
One OF the representatives of the Powers
wing, who was selected TO 60 to the
Chicago convention as an alternate on his
fighting merits could not hold in until he
arrived at the windy city but broke loose
In front of the Walker House last evening.
A young attorney who never boasts Of
his pugilistic qualities remarking on the
case, said that it would be quite appropri-
ate if the TuscarorRs would attach sign
TO their special car, bearing the legend,
Thrown OUT OF COURT"
Mr.. Tarpie took exception TO the remark,
and when a mutual friend endeavored to
conciliate him by an introduction to the
young attorney, he showed his culture by
remarking that be did not wish to know the
latter. This satisfied the lawyer, who said
that he considered himself the gamer
whereupon Tarpie tried to show his
superior breeding, in making q vicious
pass at the attorney. Tarpie received a
''stinger" on the nose. Friends then inter
forred, and another score was marked
.