The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1896-02-07
incidents in the Life of a Mon
tana Lawyer,
DIsBARRED FROM THE COURTS
He Seeks Fame and Coffee In Hawaii.
Record Follows After-Brought Out
by His Misrepresentation OF Kindly
Offices of Government Officials.

The editor Of this paper received by
Wednesdays mail from Hilo a second
letter from E. E. Richards, secretary
OF the Hilo Tribune Company. Ex-
tracts from this letter are given as
follows:
"The Hilo Tribune of this date
(Februsry lstl is out with an editorial
headed A Relic of Monarchy which
should never have been published, a
IL is not the opinion OF anyone in Hiio
outside the editor himself and possibly
one other party. The Hilo people
were glad to have the band here. aud
il was thoroughly enjoyed by every
body, and the officers and stockholders
OF the Hilo Tribune regret that the
above article should have
appeared in their paper"
As this and the previous letter pre-
viously published give very good proof
that the man passing by the name of
Psyson Caldwell, editor Of the Hilo
Tribune, is solely responsible for the
articles mentioned, representative
of this paper cast about to discover
the history of this new Moses to whom
general interest is so suddenly di
rected.
Payson Caldwell first set foot on
Hawaiian soil May &c. 1895. He came
down on the Australia rs q tourist.
Later, he appeared somewhat inter
ested in the coffee industry. He said
he was a lawyer FROM Montana of con-
siderable wealth, having made and
lost three fortunes. He WAS intro
duced to memb of the legal frater
nifty by Judge Cooper aud Senator ].
A. McCandless. A few days later
these same gentlemen, for q reason
withdrew any guarantee they might
have given of the mans Legal stand
ing 10y virtue of their assuming his
introduction.
Some weeks later letter was re-
ceived from Chief Justice Pemberton
of Bozemau, Gsllatin county, Mou-
tans, stating that the description
of Payson CALDWELL Tailed exactly
with the personal appearance of +. P.
Caldwell, against whom sevenIe-u
indictments had been found in the
Montana courts and who was fiuaIly
disbarred from the bench owing to
gross frauds Mr.. Pemberton also
added that E. P. CALDWELL was known
to be in Hawaii and that wherever he
was he was q menace and disgrace
to the legal fraternity.
Turning to the fortieth number OF
the Pacific Reporter, page l76, the
searcher of records found the decision
of Chief Justice Pemberton in the
disbarment proceedings on the rela-
ton of Charles ). Hartmen and Others
against E P. Caldwell given in the
Supreme Court of Montana on May 6,
1895
Among the charges brought against
E. p. Caldwell was on which states
that on the 9Th of February, 1898, Cad
well purchased property and duly re-
ceived the certificate OF sale. This
was deposited with a bank as secur-
ity for the payment OF debt at the
bank. Later this was attached for
The payment of a promissory note.
! Caldwell then took the certificate of
sale from the tank "and fraudulent,y
! Endorsed thereon the date of assign
meut TO the bank as March 2, 1898.
Still another ebarge was that on
October /, 1892, ID. F. Grogan & Co,
who had retained Caldwell as at
toruey, placed 500 in his hands
10 settle an account with the
Mccormick Harvesting Machine
Company. CALDWELL kept the money,
with the result that the suit was
pressed and resulted in judgment for
1924 06 against the Organs. Again
on May %, 1892, Caldwell endeavored
to erase his name from y stipulation
made with other attorneys ito take
the deposition of one Jesse Butler, u
notary puolic," in connection with
divorce case of Worsham VS.. Worsham.
On June IS, 1898, Caldwell appeare.i
a. attorney Tor Barbara Spieth against
D. F. Grogan and J. P. Grogan. The
iury was waived and the case was
tried before Judge Armstrong, who
made Certain findings of fact anu re
quired the attorney t. prepare a de
cree. CALDWELL prepared a decree,
submitted it 10 the attorneys for the
defense, who ayr. Ell that IL was sat s.
factory, handed the copy TO CALDWELL,
who retained il and refused to file ii
until ordered TO do 50 b. the court.
While tire dec ee was iu Caldwell
possession il was altered by inter
iineatious, which changed the whole
Tenor Of the decree. These alterations
were discovered by the counsel for tn
defense when the decree was being
recorded by tie clerk. After Cad
we'll had been discharged by Barbara
Spieth he inside a motion, as her ar
torney, to "affir m, vaesre and modify"
the -aid decree $50 as to make the
same correspond with the findings of
The court"
soft goes on till all the cussedness
which a lawyer may get into seven
teen different cases Is placed beforr
the public When the matter came
before the court only two OF the
charges we're taken under consider
alton. A review OF the case Is made
a. follows:
1. On al issue in disbarment proceed