The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-06-29
A VERY BAD PRACTICE,
Judge Hunt Speaks Of Controversies
Between Members Of the
~ Bar In Court
Marlowe Convicted and Ono OF
His Alleged Partners On
Trial.
A MjsAt suit OF Clothes In C~ourt-risAdsd
Guilty tn Ous Chsr~gs-Dsfsnss In
the Plummer Case.

The motion for q continuance IN the
Greenwood suits was granted yesterday BY
Judge Hunt, and the two oases rot for July
18th in the district court. The motion
was based upon an affidavit Of John B.
Clayberg. that = verbal stipulation had
been made between his Arm and the Arm of
Cullen 4 Shelton, but that she stipulation
was not recognized by the latter Arm. In
open court, upon arguing the motion. Geo.
+. Shelton accused Mr.. Clayberg Of perjury,
but the court declined to allow him 10 pro.
coed, telling him that such accusations we're
out Of place, and II he had ANYTHING of the
kind to say 1t must be reduced to writing
and 6lsd..
In passing ON the application for a con-
t~,nuanoe. among other things che Judge
said: I'm the case of Kahn W. J~etfsris, at
ter looking over tho afidavits, and hearing
the verbal statements in court, and think
ing over the matter, l find that there GER
tainlv was a grave misunderstanding, to
say the least, between two OF the counsel.
The only way for tho court to
that misunderstanding 10 to believe that II
was one that honestly arose. and That
neither party is wilfully committing any
wrong OF perjuring himself. No other pro-
sumption could be riRhtfully INDUCED in
by the court. Such being the case II would
be a great inequality to compel the
party who had depositions being
taken at tho present time to
90 to trial before those dispositions reach
the court. I believe that the rule IL q
wholesome one that stipulations will not be
recognized by the court unless they are in
writing. There never was a better instance
of the wholosomeness Of the rule than this
present one, and l hope that the court will
not again be placed in the position Of hear.
ing one member Of the bar charging an
other one with wilful perjury, and Of read
ing an affidavit by q that another mem
Der of the bar has violated a solemn agree
ment. The only embatrassments l have
ever experienced while sitting on the bench
have been deciding personal controversies
between lawyers. Sitting a. 4 Judge and
deciding lawsuits 10 an agreeable duty, but
deciding whether this lawyer or that lawyer
is right or wrong, in a matter o. personal
veraoity, or is or 10 not fabricattnR. 10 be-
yond the roper province Of the court and
il very disaereeabls. And while I am NO
lecturer upon the ethics of the profession,
it ia only proper to say that such proceed
ings are a disgrace t. the great profession
of law; they are a humiliation to the NOM
bers Of the profession who are forced into
them; they are a modification to the mem
bers who are not engaged in them; and they
arc a source of indispensable annoyance to
a judge in court"
Tho court also ordered the Y suits SCI
for July Is and stated that il the validity
of the assignment could only be tested II
the suit of the Merchants Bank against
GREENWOOD, Bonn u Co. that suit would be
advanced for trial ahead of Kahn Va. JEFF
fe:is. The costs of the continuance arr
taxed to the moving party. The Judge sale
he had hoped to have a vacation in July
and August, but a. he was constrained tc
hold that these suits should be tried, he
would, if the parties persisted. grant &
trial If it took all summer. although he
would much prefer to have the cases &c
over until September, and he could see nc
great advantage to any side in pressing
them now. The cases are for trial July 10