The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-04-29
ATTORNEY Smith ON TRIAL
Proceedings Went on Before the
Three Judges Yesterday.
CASE IS An INTERESTING ONE
MIR. Smith Wrote Two Letters to judge
Guns,er Refiecting on His judicial
Integrity MAY Result In
DisbarrinS Hiru.

not be disbarred from the courts OF
Lackawanna county. for writing two
letters to Judge F. w. Canister reflect
ing upon his fairness, veracity and In
tegrity. The second letter was dropped
in the mail box az the door or Judge
Gunsters chambers in the court mouse
on March Is last. 1t had reference TO
the case of Ira H. Burns against MI.
Smith. The rule to strike off the ap-
peal had been pending and MIR. smith
accused Judge Gunster in the letter or
having handed down an opinion and
then withdrawing 1t at the instance OF
Myron Kasson and Mr.. Burns, and of
subsequently turning the case over to
Judge Edwards for consideration.
Judge Gunster sent for Mr.. Smith
the day after he got the letter and
asked IL he wrote 1t. Smith acknowl-
edged doing so, but said he wrote the
letter ON information furnished to him
by a respectable member of the bar.
Judge Gunster allowed him until the
following Monday to substantiate the
charges, and Mr.. Smith asked for more
time. His request was granted and a
week was given him. At the end OF
that time he came before the court with
his answer and with the information
that Attorney l.. p. Wedeman was the
III
legged In the letter
The defense appeared go weak to the
court that a rule was entered upon
Smith to show cause why he should not
be disbarred. The time for arguing the
rule was set down for the opening day
of argument court, and Attorneys s. B.
Price, H. c. Newcomb and City SOlici-
tor j. H. TOrrey were appointed by the
court to prosecute the rule.
NOT HEARD MONDAY.
The case was not heard Monday be-
cause Attorney A. H. McCollum. of
Montrose. who was engaged by the de-
fense, was i'll and could not be present.
When 1t was called yesterday morning
Mr.. Smith informed the court that Mr.
McCollum was still sick. The three
judges We're on the bench and they had
"A short consultation. which resulted In
their refusing to wait any longer and
ordering the case to proceed.
Court Stenographer w. d. Coston
took the record of the proceed
ings. Mr.. Smith was assisted by
his brother-in-law. Attorney James
Mahon; the three attorneys who
had been appointed by the court tC
prosecute the rule took their places
The bar enclosure was filled with at
tOrneys and the auditorium had large
audience. The evidence was all taken
and on Saturday morning arguments
will be made.
City Solicitor Torrey opened the case
by regretting that the steps taken
were necessary. 1t was disagreeable
duty. but one that had to be performed
for the reputation of the profession
1t involved the integrity Of the bar. the
honor Of the court and the safety OF
the community because II 1t was com
petent for those who are brought into
closest contact with the court to reflect
upon the integrity Of the judges. theil
capacity and their impartiality to ad
minister justice. there is no safety ir
the community. If attorneys canno
be respectful to the court it cannot be
expected that litigants can be so. anG
1t has frequently occurred that the eX.
cesses of the bar In their criticisms and
reflections upon the court have led tC
personal violence and resistance to the
DEGREES of the court, and therefore 1t Is
of the highest Importance to the cOurt
to preserve its own dignity. 1t Is mo-
that the court Is careful about persona
dignity or personal feeling but to pre-.
serve the dignity of the court so thai
its DEGREES may be respected, and 1t !:
the duty Of the bar at all times to keel
down such exhibitions of criticisms anC
reflection upon the court as has beer
exhibited on the part Of Mr.. Smith il
this case.
Mr.. Torrey was interrupted in hi
opening by Mr.. Mahon. who submitted
the following apology to the court:
MR.. SMITHS APOLOGY.
Cornelius Smith respectfully say
that in writing the letters in question
to his honor Il. w. Gunster. he did no
have the remotest intention OF reflect
ing upon the judges honesty or in
tegrity or to interfere in any way will
the performance of his judicial func
tions and If there is anything contained
in these letters that Is capable of bein,
construed otherwise the respondent i
sorry for it and does hereby apologiz
to the Honorable F. w. Gunster an,
the court for the same"
Mr.. Mahon. after reading the apology
filed an application to have the cas-
removed to some other court for mum
ber of reasons which were set forth.
1.-The application is refused" respond
ed Judge Archibald.
Mr.. Smith then moved to have tn
rule vacated out of court for the rea
son that :he court under the constitu
tiOn and $ Of the commonwealth ha
no jurisdi, zion in this form Of proceed
| ure; that there are no facts sufficien
| to constitute cause of action becaus
1t Is not alleged that the responder
has been convicted or that he is guilt
of an Infamous crime; It Is not allege
that he did any act Of fraud or corrup
ton; nor is it alleged that he Is per
son Of general bad character, such a
shows him to be untitled and unsaf
to to ibe ST VII of hi
| profession.
| Judge Archibald answered Mr.. Smit
that his motion will be filed and wi
be considered when the case Is full
heard along with whatever may be de
velOped In the course of the case. Fo
| the present the court Overruled the mo
tion. Mr. Smith then answered.:
| II would like to state on the recor
that would prefer now to argue tn
motion to vacate the rule and woul
request the court to permit me to
so, unless the court refuses me tina
privilege"
PRIVILEGE DENIED.
Judge Archibald denied him the priv
ilege, and at this stage Of the proceed
ings Mr.. Price addressed the court an
said Mr.. Smith admitted writing an
transmitting to Judge Gunster certai
letters and he offered them in evidenc,
Mr.. Price also offered in evidence
statement or declaration filed in tn
case OF John G. Jennings vs.. the Le
high Valley Railroad company, r. "
Archibald, E. N. Willard and other
The declaration was signed by M
Smith as attorney and was offered fC
the purpose Of showing an intention I
traduce and libel the members of tn
court under the shield of his privilee
as an attorney. ,
Mr.. Smith objected to offering tn
declaration in evidence, and he wa
overruled by the court. Mr.. Price the