The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-01-03
The Suprems Court Says He Was
Guilty Of Maleonduot In
0flcs.
And His License as an Attorney
Il for That Reason Re-
voked
Aofion Of Jaago Hunt In Requiring Tin
kslstsin 10 Par Alimsny sustained
A Divorce Upheld.

Charles II. Benton versus Petsr NJ. Baum.
10 was proceedings for disbarmsnt insti-
tuted by Judge Benton, Of Cascade county.
The charge, were that Joisph Horn en-
ployed Baum TO appeal case 10 ths sr-
preme court, and paid him SIS the price
agreed on. TO do 40; that Baum deliberately
did not appeal, but daring the time allowed
20 do 20 be collected 823 which had been
paid into court for bis client. and appro-
priatsd this money also; another charge
being that he opened a letter 10 a client.
Robert Temple. took check for 500. en-
dorsed 10 "R. Temple. per p. NJ. Baum"
collected the money on II, and appropriated
It. Temple was In jail a. the time. charged
with perjury. and the money was sent him
by a relative 20 aid In his defense.
These acts ars held by the supreme court
TO be ''malconduct ia his profession. for
which she suprsme court dIsbars him.
Baum lie in Chicago it is said.
In the opinion OF the court, written by
Associate Justice Dewitt, and concur cd in
by the other judges, the charges made by
Judge Benton mrs examined, with the tssti-
mony taken befo tho referee. The court
thinks 1t may not be amss 10 notice few
examples Of Baum's disgracoful conduct
before the referee aud at other times during
the proceedings. Early In the proceedings
Baum remarked shat he does not caro-
anything for the people who appear in this
proceeding; that he dehes them. and defes
the supreme court TO do him any harm in
this case, and that nothing can be proved.
/ say that Ed. l.. Bishop never made = cent
IN this country until took him into my
Office a pauper; that he doR't know enough
20 chew gum. and has cheated mo every
time he has had chance Again Baum
aays 10 one of the oousel, "You stole the
balance Of my monev. IL was the biggeat
coward on earth, would knock out the
man that said that 20 me-" AZ another
addressing bystandss, Baum saws. "Sit
down before lick you Coekrill." He also
spoke very Unexpectedly Of his client
Horn, as Dutchnan who would do any
thing.
ITO punish Baom for this conduct before
the referee is now imprecticable further
than the Judgment disbarrinR HIM" says
the court "as he absconded from this
state about the tins the evidence for tho
state in this proceeding was 0 osed. The
two charges above recited, were clearly and
amply proved by the witnesses for the
state" Continuing, the opinion says;
After the filing OF the complaint in this
matter and pending the proceeding. Baum's
conduct towards Judge Benton was such
was utterly unbecOming an attorney. About
the time OF the hearings before the referee
some further athdavits we're hled in this
though evidences was not taken upon these
charges. 10 may be o. oper TO eler to them.
IL 10 set forth that baum, in the presencs of
several Tersons stated Judge Benton was
hyrocrite and even a worse name, and
ought 20 be imueaohed. That lac. Baum,
owned the court referring 20 Judge Ben
toni and that Charley Benton is afraid of
me (Baum) aud will do what ! want him
to-
Another affiant alleges that Baum on
the streets OF Great Falls In the presence
OF number of persons. stated that be had
been running the judge Of the district court
for year or 80 aud that the Judge did
whatever he, Baum, desired him, regarding
litigation in which no was interested, and
that the Judge WAS all right while be Was
uudeT Baum's control. The other charges
IN these afiidavits are as to personal abuse
by Baum of Benton, and some Of Il in Ben
tons chambers az the court house.
'lhe o5Dduet described must have sorely
taxed the judicial calm OF Judge Benton,
and made him wish, 70 the time That he
were a otizln only. and not judge of the
court. The charges In these Afhdavits can
add nothing 10 the severity of the iudg-
ment OF this court. Thew on further
show the abJss OF degradation into which
the respondent has fallen" The law on the
subj CT of disba ment Is quoted, and the
court continues: 'Bsum's acts were 'maleon-
duct IN his profession. IL wou be undig-
nihed for court 10 stop 10 discuss whether
Bauu's acts, as above described. were pro-
iessionsl malcontont. He shocks profes
Blouhi ethics and all common morals. Tbs
standard OF morals in the profession OF
la ought 10 be az n high mark.
baum was once VIZ uea expulsion
from that rOfeEsion duly term OF this
court. $500. AZ that time he was saved by
the view that We took of she courtesy which
seemed 20 be due from Us 30 the supreme
court OF the state Of New York. 3 no Of
lenses charged against him az that time
were committed in the state OF New York
nd al hat Ia
court bad jurisdiction, AMI had taken D o.
oetdings against Is um, which were then
pending and undetermined. On that
Ground We then omitted 60 take action.
Baum was by Us given the opportun " 90
secure an honorable place in his profession
in rapidly developing community and
among q gene Gus people. IL Is character
istio Of the poop of the west tU forgive the
asst and 20 give the helping hand OF fell
lowship 20 every stranger tor a larger day
aud better life. Baum has negEaniiy
abused this sentiment OF the court and the
people OF this state.
IA 10 the Judgment Of this court that the
liceHse ~ an attorney Of Peter M. Baum 10
revoked ana tat his name be stricken
from tho roll Of attorneys of this court
aud that ne Ia dabafTod from pfaotioinR in
any courts OF this state or from exercising
any privileges OF an attorney or counselor
OF law
Justice Dewitt adds this foot note 90
the opinion; Il think Bnum. through his
conduct, has established bic right 10 a GER
tiioato OF disbarment."
Justic harwood also ote the opinion in
the case Of Eva flnkelstein. respondent
versus Max Finkeist. IN. appellant. the
other judges couCusring. The district
court allowed Mrs. Filkelstein $50 a month
Hlimony pending her suit TO- alvorce. and
$50 counsel fees. iinklestsin apneaied,
contendinQ thHt thcfe was 20 marriage. anu
that the co emonl watch took place ia
Russian Poland IN 1870 was Illegal under
the laws Of kussi also that be obtained a
Mosaic dive CO Ia Chicago. lie also IA
eject accused her ct adultery. Ms Fin
keistein affirmed the marriage. and 10 was
conceded shat there whs long cohahlta-
ton ~ husband and wife and four chii rem
were the outcome. lhesu ene court hell
m elect shat f.ukelsteiu. not beint d law
Ter. vas NOS "a competent witness % Co the
laws 81 hu tsia; So that tue facts nte
Irlma faclu showing OF ma. riare. and that
this IS All that Is required On motion for
slimony pendenta ntc. The court treats
the different stories about tho marriage
simply 40 a contention between the pHrtia..
ii may be true that" says the ecu G, 90 {
ON a motion 10 alimouF pendent Ito tho
defendant shows facts aud conditions
which absolutely establish that therg - 40
marriage aud that plaintiff D. not
ths wife 81 defendant % wculI
not Re pruur C. grant such
alimony. but there BE- no nuch vinH iu