The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-03-16
IS WRITING letters NOW
Attorney Cornelius Smith Attacks
Judge Gunster.
HE IS CALLED INTO COURT
Until Next Monday Ii the Time the Court
Has Given Him to Substautiats
Ills Charges What the
Letter Contaiued.

When Judge Gunster opened the mail
box at the door of his chambers in the
court house Saturday morning he found
letter addressed to him that had not
come through the postofIice. but was
dropped In by the person who inscribed
1t or by some one at his instance. The
judge opened 1t and read 1t. The con-
tents were of a nature not calculated
to engender feelings of serenity of tenn
per, for bold charges We're contained in
the missive against the judge. The
sender of 1t was Attorney Cornelius
Smith.
Judge Gunster placed the letter in his
pocket and went out with the other
judges to hand down the list of liquor
licenses. After this function had been
performed, Messenger b. Newton was
sent to Mr.. Smiths office with in
structlons to make known to him that
his presence was Immediately desired
in open court. In due season Mr.. Smith
made his appearance and he walked
down the center aisle OF the court room
in dignified way with his silk hat
tipped against his bosom in a defer
entail manner. The three judges were
on the bench and he stood up to the
bar with quizzical look on his face.
The court room was crowded with
men attracted to license court and the
bar enclosure was stocked with uttor-
neys. The silence was intense and the
scene was dramatic when Judge Gun
ster faced Mr. Smith and addressed
him thus: IL received communica-
ton from you which purports to be
written and signed by yourself Did
you write II? 2"
HE WROTE THE LETTER.
Mr.. smith knitted his shaggy eye
brows. hesitated u moment and then
IN Il clear and resolutc voice responded
afiirmatively. This is what the letter
contained:
~, Scranton. Pa, March 13, 1896.
Hon. II. w. Gunster.
Dear Sir:-'Being your friend from the
very first day of my Introduction TO yon,
IL would seem that | might at least claim
iair treatment at your hands. More than
this do not want nor have ! ever from
any man, claimed more.
IL being stated to me that In open court
you announced your opinion In the case OF
Burns vs.. Smith. ct. al. discharging the
not be stricken Off, and at the request of
Mr.. Kasson and Burns, In my absence.
you took the opinion back. Upon further
inquiry this statement was confirmed by
other gentlemen who were present in
court. Now, as you once had the case,
akd once decided IT, Ii does not seem to me
to be either Just or fair for you TO turn the
case over 10 another judge.
Respectfully yours,
q. Smith.
Judge Gunster told Mr.. Smith then
that personally he felt disposed to over
look the insult. because that is what
1t Is, he said, but i'm view OF the posi-
ton he holds 1t would be unworthy of
him to let the matter go unnoticed. fol
- a. al .
charges. Six weeks ago Mr.. Smith had
a conversation with the Judge. and that
was the first the latter knew that the
attorney entertained such ideas. A few
days after that Mr.. Smith addressed q
communication to Judge Gunster con-
tanning substantially the same charges
but the last one had the charges in an
aggravated form.
HIS AUTHORITY ASKED FOR.
The judge asked Mr.. Smith to state
his authority for the allegations made
in the letter The answer was that the
story was told to him by a person in
open court. The judge said that who
ever conveyed the information imposed
on Mr.. Smith and he gave him until
today to make known who furnished II
to him. Mr.. Smith said he would be
called out of town on important busi-
ness for a few days and he plead for an
extension of time until Monday, the 23d
In which to prepare his replication
This was granted. Judge Gunster said
he was disposed to be fair with Mr.
Smith, and was ready to continue the
matter until then.
Mr.. Smith says that his informant is
an attorney practicing in this court
but he has refused to say anything fur
ther until the matter Is aired, a week
from today. He is going to the Su-
preme court this week, interested in a
case from Susquehanna county. A
short time ago he applied to Attor-
ney General Mccormack for a writ of
quo warrantO to issue from the state
department to Judge Archibald, order
ing him to show cause why he should
not be removed from the bench The
attorney general refused to entertain
the application and Mr.. Smith threat
ened to go to the Supreme court for a
writ Of mandamus to compel him to
do so. He may spring that when he
Is down this week.