The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-01-16
PROCEEDINGS TO OISDAR.
They Are Brought Against Attorney
E P. CALDWELL by the Law
yers at Bozsman.
The Charges Are Many and Are
Quite Varied in Their
Nature.
Accused IL 90 show Cause Why
II khouidn't lie.

An application Tor the oiebhfment OF T..
y. Caldwell. made by Congressman Charles
s. Hartman, l.. A. Luce. Thomas M
Pierce and other attorneys at BozemAn.
was made 10 the supreme court yesterday.
IL charges him with being guilty Of mall
conduct in his profession. The court made
an order requiring Caldwell 10 show cause
on or before Feb. II Why he should not be
disbarred ne an attorney at law In the Mon
tana courts In cases Of this kind II IL
usual TO pIoint referees 20 take testimony.
which is considered by the supreme court in
arriving % decision. There are numer-
Gus charges against CALDWELL In the com
lalni. One OF the charges IL that he
bought . tract of land in Gallstin county
al shsrih's sale TO satisfy judgment In
his favor against ID. Y. GTogsn. J. =. Gro
gan and j. II. Grogan; that be eot the Ger
tihoats OF sale from the sheriff and depos-
tied IL with the Bozemsn National bank a.
collateral for a debt. subsequently, two
judgments we're obtained agAinst CALDWELL
on notes, and the property levied upon. ID
is charged that ON Sept. 20. 1893. when ,he
time for redemption had expired, Caldwell
got the certificate Of sale. assigned 10 10 the
bank, dating the transfer back TO March 2
and had the same frAudulsntly aoknowl-
edged By q. q. bradshaw. another attorney,
as notary rublic. and tried TO get the sheriff
TO make . deed Of the property 10 the bank
with the object Of defrauding his Judgment
creditors.
The Mccormick Harvesting Machine
COMPANY brought suit against ID. +. q. o.
Rsn. J. p. Grogan and II. A. Jones on
note for SlS5. Caldwell was attorney for
the defendants and Congressman Hartman
for the company. Hartman offered TO ac-
cert 800 in full payment. he GroPsns
1 gave Caldwell the money 20 settle the suit.
IL Is charged that CALDWELL kept the money.
and after many delays withdrew his ap-
psarance in the case and allowed Judgment
TO be taken against the GroRans for 1928.
Another charge was that after signing a
stipulation 20 take the testimony OF a wis
ness in the case OF NJ. X. Worsham versus
+. y. Workman. aud while the deposition
was being taken Caldwell anatohsd the stip-
| ulation and attempted to obliterate his
signature. Failing In this. 10 ia charged
that be left the room and isfussd 20 con
tinue the taking of the deposition.
In June. 1898. while the ease of Barbara
Spieth Against the g ogana was pending
decree was agreed on In open court. Cad
well, II ia charged, retained the decree un-
I'll Judge Armstrong Issued an order re-
curing him to file ID. Prior TO filing H.
the charge IL, Caldwell made int linsAtlona
In the decree which changed It's tenor and
effect. Several other charges are based on
CadwelPs dealings with Barbara Spieth.
Que was that he got decree in her favor
in another case and took the shsTif's GER
tincAts Of sale. claiming to own the inter
est of all the parties TO the action. Another
~ that after Barbara s, ieth discharged him
he oollecte S62 due her and kept ID, In
October. 1891 samuel smith was charged
with intent 90 commit murder In Yellow
stone county. Caldwell. as his attorney
ri n a. al In
county, whore smith was convicted. reeeiV-
ing years sentences. II is cha ged that
Smith gave Caldwell his notes for $4,000
and = mortgage on his real estate, the
agreement being that they we're 20 be re-
turned, the object. the complaint says. being
10 defeat the collection of costs in the case,
and there being no oOnsidef alton, smith
having paid CALDWELL his fee in cash; that
Afterwards Caldwell returned 30 Smith
everything but one note for $780, which be
sold TO Barbara spieth' who was ignorant
Of the circumstances.
A farther charge IL that be, acting as a
notary. acknowledged the signature OF SA-
rah r. Holloway TO mortgage made by
her husband, Oliver Holloway, knowing
she did NOT write 10 and that she refused 20
do so. 1t 10 cha ged that Caldwell made
intsrlineations in a chattel mortgage 10
himself after G. ). Hartman had Aoknowl-
edged IL - notary, thereby increasing the
amount S25; and that he then tried 10 get
Hartman 20 acknowledge the mo tgags
with tue interlineEtions. II ichael l.. Creek
gave Moses j. Liddell a note for $3.50. Lid
dell died and Caldwell became his admins
traitor. 81 John Liddell, son of the de-
ceased, gave Caldwell the $3.50 note in his
capacity of administtGto IL 70 charged
that Caldwell gave Rachael Creek the note
and refused to account Tor it. Other
charges a . that in the matter OF two notes
given By himself he admitted the indie bted.
ness IN one paper filed IA court and denied
Il In anothrri aud that he gave the she III 4
check for costs IN "a case and then went &c
bank and stop. ed payment.