The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1895-11-23
Attorney Robert 7. DoVlin Accuses Judge
Armstrong Of TTiCk0ry,
AN EXCITING SCENE OCCURS FOR
A TIME,
Caused by Sarcastic AIuston to At
torney Alvin j. Bruner-The Matter
at Issue Motion Made by Mr..
Devlin to Set Aside a Recent Order
of the Court.

'Please the court, Mr.. DevHn is a
| contemplate whelp.'
Jumping to his feet in Judge John
sons courtroom yesterday, pale with
anger and excitement, Lawyer Alvin
j. Bruner addressed the court in this
remarkable manner at the same time
pointing to Lawyer Robert T. Devlu,
who stood at the bar only a few feet
away.
stop! Sit down! l won't allow it!
You are in contempt of court and fine
you $50!' said Judge Johnson as rap
idly as he could utter the words.
For perhaps half-hour Mr.. Bruncr
had occupied a chair by the side Of
his venerable law partner, ex-Supe-
rior Judge Armstrong, listening 70
denunciation of the latter by Mr..
Devlin while arguing motion be-
fore the court, and though his
anger continued TO rise at each
reflection east upon Judge Arm
strong, he managed TO control himself
until at last Mr.. Devlin included hin
in one of his bitter remarks Then he
could endure il no longer, and spring
ing 10 his feet, quiVering with emotion.
he Numbered out the words above
quoted.
The scene was thrillingly dramatic.
and II reproduced on the stage would
move a theatrical audience 10 the wild
est pitch of excitement.
Deputy Sheriff Fremont J. Smith
| moved nerVously i'm his chair NOT
knowing at what moment ne might be
called on to jump in and suppress a
smal-sized riot, for ii hostilities had
resulted no doubt several persons
would have been drawn into it, Bu,
Mr.. BruneT managed to control HIM
self, and though there were no actual
expressions OF regret. nO shaking OF
hands nor apologies between The at
torneys, there was no resort 10 ViO-
lence.
Mr.. Devlin's brother and partner. W.
H Devliu, occupied a seat boy him. Law
yerS Hiram W. Johnson and James IS.
DeNlne We're seated against the railing
and just behind the angry attorneys.
while Lincoln White sat over i'm the
northeast corner of the room. and G. &.
| brown near the stove. The benches i'm
the rear We're occupied by about dozen
of the usual courtroom spectators. Had
the trouble assumed a more serious
character doubtless several persons
would, in their endeaVors TO separate
the belliSerents. OF through friendship
for one or the other, nave become in
tVulVed in the melee.
The matter before the court was a mo-
tion made by Mir. Deviin To have set
aside a recent order OF the court dis
missing the case of the city against the
Central Pacific Railroad Company for
the alleged obstruction OF a portion of
Sixth street, north Of II.
The City Trustees had. after inquiry
into the case, directed Mr. DeVliu, as
Corporation Counsel. TO dismiss the
action, and stipulation to that effect
embodying the order of the Trustees,
had been signed by Mr.. Devlin for the
gf and
for the railroad company
The case had originally been before
Department one, but il seems that when
Judge Armstrong went to the Court
house to have the necessary order made
dismissing the action Judge Catlin was
engaged in hearing another case. so ne
went to Judge Johnson, who made the
order.
In arguing his motion to have the or
der set aside, Mr.. DeVlin denounced the
action Of Judge Armstrong as a piece of
trickery and unprofessOnal conduct.
He spoke of Judge Armstrong; long
career at the Sacramento bar. and re-
GREETED that his action in the matter
under discussion had been such as to
shake his Devlins) confidence in his
sincerity and professional honor
Continuing, Mr. Devlin charged that
Judge Armstrong had not only taken
an unfair advantage of himself, as Op-
posing counsel in the case, but that he
had imposed on Judge Johnson as We'll
and intimated that it was matter that
the Bar Association should take up
The firm of Armstrong &. Bruner, he
said, had no business interfering in the
matter anyhow. that il was his
tend to having the action of the Trus-
tees carried out
In coming here with this stipula-
ton" said Mr.. Devlin they We're but
acting as messenger boys for me"
Then it was that Mr.. BTuner sprang
from his seat and declared that Mr..
pevlin was "a contemplate whelp."
Il have sat here as long as it was
possible, your honor" said Mr.. Bruner,
and listened to the insults applied by
this man to Judge Armstrong and my
self, and when he said that we were
it no longer, and uttered the words that
constitute a contempt of court. L had
no desire to commit a contempt OF
Ceult, but | could not help it."
Mr.. Devlin, he said, was there mis-
representing the city, which had or
Gered the case dismissed.
, Judge Johnson admonished the law
, yers that they must not further deal
. in personalities, and Mr. Devlin re
| sumed his address. He held that under
, the rules of the court the Judge of one
department could not dismiss a case
cluded by saying it was the duty of the
f court, under the circumstances to set
aside the order it had made.
Judge Armstrong in opening his ar
gument reverted to the attack made
upon him by Mr.. Devlin, who, he said.
had taken advantage of his (the speak
er's) advanced years and delicate
health to heap insult and calumny up
on him.
He then gave his version of the mat
,, ter at issue, and said that instead OF
being tricked by any one it was Mr.
Devlin's own ignorance that had led
him into the position in which he found
himself. He denied that Department
Two had not the right, on the proper
showing to dismiss the action, though
it was begun in another department..
The Superior Court, he said. is Vlrtu-
ally one body, divided into branches for
convenience in the discharge of its
, duties but that these branches or de-
, partments, are coordinate, and one can
, take cognizance of a case begun in an
other. Authorities were cited in sup
Fort of his position.
Mr. Bruner then made short argu-
ment, followed by Mr.. Devlin, and at
their conclusion Judge Johnson an
nounced that he would take the matter
under advisement.
There were no further manifestations
of hostility after court adjourned, and
those who had heard of the spat and had
come to the scene in the expectation OF
, witnessing a renewal of personalities
were disappointed, for the lawyers Left
the courtroom by different exits and
did not come together.