The evening times., 1896-02-15
BOTH MADE APOLOGIES
Judge Kimbal| Confronted His
Two Lawyer ACCusers.
MOSS AND HEWLETT EXPLAIN
ferrO Case Reflected on the Integ-
rity of His HOnOr-SeriOus Situation
for the Attorneys-SatIsfact Ex-
plantations Offered.

The motion for new trial in the case OF
Ella TaIiaferro, recently convicted of keep
ing an unlicensed bar and sentenced to a
term in Jail i'll default OF fine, which was
filed IN the police court yesterday y, together
with two affidayits reflecting on the just
ness and integrity of Judge Kimball. was
brought up today. 1t was not SO much TO
discuss the motion that the case was called,
but, as MIR. Pugh explained, to call the
courts attention to the remarkable state
ments contained in the affidavit
Judge kimball had requested Judge Miller
To sit on the bench with him during the
consideration of the affidavits, and Mr.
Muiiowncy, the assistant district ator-
ney, sat alongside OF Prosecuting Attorney
Pugh. The two attorneys In the case
Moss and Hewlett, were seated at the
lawyers table. and really occupied the
positions OF defendants rather than that
OF attorneys ready to argue motion for
a new trial.
Judge KimbalI thought their action scan.
daious and determined to satisfy himself
that they meant nothing personal.
Just before Judge Miller took his seat
Mr.. Hewlett arose and started to leave the
court room.
Mr.. Hewlett said Judge Kimball,
severely, II shall want you here
HEWLETT WANTED TO GO.
But, Judge, have business in my of.
flee"
Il will have business with you here"
rather grimly.
But | must attend to the business In
my office first. There's money ill there
waiting for me-"
"IoI will probably be very much inter
ested in this"
Il don't see how replied the lawyer,
as he walked out of the room.
Then Mr.. Pugh arose with portentous
gravity, and said. holding the papers in
his hands:
The character of this motion and the
affidavits that accompany it compel me
to call the matter To the attention of
the court, not so much for the consd-
Grafton OF The motion, but to refer to the
statements contained in the affidavits.
As Judge Miller was not here when they
were nled l will read them
Mr.. Pugh then read the affidavit sworn
to by Annie p. Ta1bs, setting forth that
on a certain day, while on her way to
the police court, she overheard Judge
Kinbiii and Officer Allen, who prosecuted
the defendant holding Il private conversa-
ton in regard to the case. The second affi-
davit was sworn to by Lawyer Moss, who is
u brother TO the defendant, and sets forth
that the judge tKiInbllD WHO tried the
case held conversation with the officer
about 1t, and this fact was given as the
third reason why a rev trial should be
granted to the defendant.
Il have nothing further to say" con-
ciud.d Mr.. Pugh, except that Mr.. Hcw-
lett should be present during the proceed
ings.''
Well" said Judge Kimball. las Mr..
Hewlett has positively refused to remain
in the courtroom, whatever action the court
m -. -. al.
rs he an officer of the COURT" asked
Judge Miller.
III. is" replied Mr.. Pugh.
JUDGE MILLER'S ADVICE.
Require his presence" said Judge Nil
lcr abruptly. Il say that In an advisory
way" he added.
MIR. Kendig," said Judge Kimball 10 the
bailiff, ..go to Mr.. Hewlett's office and say
to hin that as an officer Of the court, his
presence is required here"
Mr. Kendg departed on his errand, and
Moss arose to explain. During the progress
of his ex PLANTATION Hewlett entered.
Il want to say" began Moss, land would
like u have ii taken down in shorthand If
there is a stenographer here, that | had no
intention whatever OF intiniatiDg or sug-
gesting that the judge had been guilty OF
misconduct. II was suggested to nie that /
say misconduct OF the Judge instead of the
officer. but ] said No, III say no such
thing"
Then you say that you did not mean what
these alfidavits imply" said Judge Kinball.
why, certainly. did not replied
Moss. Il Was urged, your honor. to file
mot ion for new trial, but protested
against using your honor's name ia that
affidavit
well, you made n tremendous mista Ike
when you wrote thatparagraph,'' said Judge
kimbaii. referring to the third reason gwen
in the motion.
Il think | can throw more light on this
case than anyone else" said Hewlett, in
terrupting. He then explained what Moss
meant by the statements contained III the
affidavits. which We're drawn up by him
as attorney, and said that he was urged to
do it by n well-known lawyer.
We'll, what did Mr.. Hewlett mean by
drafting these affidavits?'' inquired Judge
Kimball.
..Ihad nothing more to do with them than
asattorney for the defendant" replied Hew
lett.
CONSIDERS THEM SCANDALOUS.
THE motion and the affidavits are
scandalOus in their nature" summed up
Judge Kimball, land shall be stricken from
the records. They should never have been
filed in this court. The meaning upon the
face of them, in the ordinary construction
OI TERMS VI IdDSudSt, Is tbdt tnC pTtslllHR
Judge did not try the case fairly. The
counsel. however, have disavOwed any
intention TO convey such meaning. Had
they not done so, should have taken some
other action, in which my colleague would
have concurrcd.'
Then Judge Miller proceeded to wind up
the case.
This Is not my affair particularly
he said, ANY further than I am concerned
in the general good OF the court. This in
cident illustrates one of two things. 1t
shows either absolute incOmpetency on the
part of the attorneys, or a deliberate pur-
pose to force an BILE Judge OF this
court, by a process OF intimidation, to viO-
late his oath and set aside a Just verdict,
which he should not do"
Judge Miller then gave attorneys In gen.
eral a lecture as to their conduct before
the police court and their duties.
Judge Kimbal handed the offensive docu-
ments to the clerk, who destroyed them,
and Bailiff Kendig hammered on the BILE
and said that court was adjourned. The
ample apologies of the two attorneys had
satisfied his honor.
To Settle His Accounts
r.