The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-02-06

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:
HThe Hilo Tribune of this date
February 1st) is out with an editorial
headed A Relic of Monarchy which
should never have been published, a
If ia not the opinion OF anyone in Hilo
outside the editor himself and possibly
one other party. The HilO people
were glad to have the band here, and
il was thoroughly enjoyed by every
body, and the officers and 3 stockholders
of the Hilo Tribune regret that the
above mentioned article should nave
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
Payson Caldwell, editor of the HIlo
Tribune, is solely responsible for the
articles mentioned, a representative
of this paper cast about to discover
the history of this new Moses to whom
general interest is 80 suddenly oil
rected.
Pavson Caldwell first set foot on
Hawaiian soil May 26, 1895. He came
down on the Australia as tourist.
Later, he appeared somewhat inter,
ested in the coffee industry. He sald
he was lawyer from Montana or con
siderable wealth, having made and
lost three fortunes. he was 1ntro
duced to members of the legal frazier
nity by Judge Cooper and Senator j.
A. McCandless. A few days later
these same gentlemen, for a reason
not stated, visited their friends and
withdrew any guarantee they might
have given of the mans legal stand
ing by virtue of their assuming his
introduction.
eeived from Chief Justice PemDerton
of Bozeman, GAlIatin county, Mon
tapa, stating that the description
of Payson Caldwell Tailed exactly
with the personal appearance OF h. Z.
Caldwell, against whom seveni cen
indictments had been found In the
Montana courts and who was finally
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 a disgrace
to the legal fraternity.
Turning to the fortieth number oil
the Pacific Reporter, page l76, the
searcher of records found the decision
of Chief Justice Pemberton in the
disbarmeut proceedings on the rela-
ton of Charles 3. Hartmen and Others
against 2 P. Caldwell given IN the
Supreme Court of Montana on May o.
1896
Among the charges brought against
EP. Caldwell was on which states
that on the 9th of February, 1898, Cad
well purchased property and duly re-
ceived the certificate of sale. rms
WAS deposited with bank as secur-
ity for the payment of a debt at the
bank. Later this was attached 1ol
the payment of promlhsory note
Caldwell then took the cerl1hcate O
sale from the bank "and fraudulentiy
Endorsed thereon the date of assign
ment ITO the bank as March 2, 1893
Still another charge was that OF
October 1, 1892, d. F. Grogan d Co.
VINO had retained Caldwell as at
torpey, placed 500 in his hand
to settle an account with tn
Mccormick Harvesting Machln
Company. Caldwell kept the money
with the result that the suit wa
pressed and resulted in Judgment 10
1924 O6 against the Gr0gans; Agar
on Nav %, 1892, Caldwell ende~VoTe'
to erase his name from a stipulation
made with other attorneys Ito tax
the deposition of one Jesse Butler,
notary public" in connection with
divorce case of WOrsham Va. Worsnam
On June %, 1898, Caldwell appeare
as attorney for Barbara Spleth again
d. F, Grogan and j. Z. Grogan. Id
Jury was waived and the case Wa
tried before Judge Armstrong, Wh
made certain findings OF fact ana II
ouired the attorneys to prepare de
cree. CALDWELL prepared decret
submitted it to the attorneys Tor IN
defense, who agreed that 1t was SaLls
factory, handed the copy TO Ca6WeI
who retained it and refused to ME
until ordered to do so by the couT
While the decree was In CAoWeII
possession it was altered by Inter
lineations, which changed the Wnol
tenor of the decree. These alteration
were discovered by the counsel for tn
defense when the decree was PEN
recorded by the clerk. After Cad
well had been discharged by Baroar
Spieth he made q motion, as her
torney, to 'taffirm, vacate and modl1y
the said decree $50 as to make IN
same correspond with the hndlDgs
the court"
So it goes on till all the cussedne'
which a lawyer may get into sever
teen different cases Is placed befol
the public, When the matter cam
before the court only two of I'll
charges we're taken under cons1de
alton, A review OF the Case Is mac
AS follows:
l, On an issue in disbarment proceed
iups as to whether respondent chang
ed a decree after it was signed, II
two oppoarng counsel in The eau
in which the decree was renoere
testified that there were no uterine
lions therein when il was present:
to the court. Respondent denied TIL
and another attorney testified that
advised certain charges, Whlch re
pondeut interlined, and thas respo
returned, saying that the decree W
sioned: but there was evidence tn
this witness, stated on learning tn