Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-05-13
CHARGES AGAINST Mr.. BIRNEY
A suitor Makes Complaint Against the
District Attorney.
Papers Filed With the Department of
Justice and the District
Courts.

Mr.. Thomas E. Jacobs. a machinist in the
navy yard, has filed charges with the At
torney General against Mr.. A. A. Birney,
attorney for the District of Columbia, and
with Chief Justice Bingham of the Supreme
Court of the District against Mr.. Birney
and Mr. E. H. Thomas, attorney-at-law.
These charges grow out of divorce proceed
ings between Mr., Jacobs and his wife, the
result of which, the former claims, has
been his utter ruin financially, and, as he
asserts, by means that should be reviewed
by the authorities. In the charges against
Mr.. Birney, filed with the Attorney Gen.
eral, Mr.. Jacobs claims that the attorney
for the District conducted a civil suit
against him for Mrs. Jacobs and used his
authority and his office in a malicious
manner to defraud and injure him. A
special grievance stated in the charges is
the allegation that Mr.. Birney connivcd
with Mr.Thomas, deprived him of 4 chance
TO rebut testimony against him. misrepre-
sented the case to the court Judge Cox,
and thereby secured a ruinous decree
against him. Mr.. Jacobs asks opportunity
to prove his charges. The charges filed
with Justice Bingham accuse Mr.. Birney
with representing him Jacobs) as worth
$4,000 and then giving him no chance to
disprove this, which he declares to be
false statement, the court thereupon grant
ing a decree for alimony which he regards
TO make no reflections on the court in any
way and he is his own lawyer in preferring
the charges. He believes a wrong has
oeen done him and asks to have chance
to prove it,
Mr.. Jacobs is an old employe at the navy
yard, having been there over forty years.
District Attorney Birney's Statement.
THE grievance" said Mr.. Birney, when
spoken to today about the matter by
Star reporter, (which Mr. Jacobs has
against me is nothing more or less than
that which defeated party has against
the attorney of his successful anita gonist
About year ago I became the attorney
or Jacobs wife, in a case in which he
sought legal separation from his wife,
and in which he sought also to recover
possession of a house which he had con-
veyed to Mrs. Jacobs upon their marriage,
and of certain building association stock
Which he had deposited in her name. Both
Jacobs and his wife are, think, esrmabIe
people, but he seemed to have become un-
reasonable in many things and left his
wife. He was ordered by the court 20 pay
her alimony, and after a hearing of the
case by Judge Cox the suit was dismissed
by the court. One of the charges Jacobs
makes against me is that 1 induced Judge
Cox to sign the decree dismissing the suit.
That is true, for did all could as Mrs.
Jacobs attorney to so induce the court
it was my right and duty to do. 1 under
stand, too, that Mr.. Jacobs charges that
I conspired with his attorney. Mr.. E. H.
Thomas, to deprive him of the property.
That charge. of course, is perfectly absurd.
In fact, did nothing whatever in the case
but what it was my duty to do"
At the Department of Justice.
That charges had been filed at the De
partment of Justice against Mr.. Birney
was admitted by Chief Clerk Clay to Star
reporter, but more than that he would not
say. He refused particularly to disclose
the character Of the charges. Application
was made to Attorney General Olney for
information on this point, and he sent out
word by his private secretary that there
was absolutely nothing to say on the SUBJ
ject."
From other sources 1t is learned that
Mr.. Birney will be furnished with copy
of Mr.. Jacobs letter in order that he may
have full opportunity for an explanation,
and that further action in the premises
will depend entirely on Mr.. Birney's reply.