The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-09-15
IF THE CHARGES CONTAINED IN A
BRIEF FILED YESTERDAY
ARE TRUE.
FEDERAL JUDGE ARRAIGNED
IN VIGOROUS MANNER IN A COURT
OF APPEALS
BRIEF.
Applied to the Wearer of the
Ermine.

Judge E. B. Green, prominent law
United States circuit court Of appeals
yesterday in a case the final decision
Of which will be awaited with great IL
terest The briAf commands more than
ordinary attention, inasmuch as it is
an arraignment of a federal judge
Judge Hallett, Of the United States
court for the district of Colorado
whom counsel den ounces in the bitter
est language
The story Of the case IN wnich Judge
Green appears is briefly as follows:
Thomas D. Kelley, Margaret o. Eel
ley, Michael P. Kelley, and Annie P. Kel-
ley, all of Galena, ILL.,, are the heirs-at-
law Of Thomas J. Kelley, the son Of
Thomas D. In 1886 Thomas J. Kelley,
who was then but a young man, died.
At the time Of his death he was the
owner of one-sixth Of the claim in what
was known as the Little Johnny"
mine. This mine was worth from $685.
0000 900 to $100, 600, 900, but Thomas j.
Kelley's father and brothers and sis
ters never dreamed of this. After the
young mans death Charles C. Roger,
as the agent of the hex Mining COM
pany and of Charles Boettcher, A. "
Hunter and John F. Campion, the other
respondents, obtained from Thomas D.
Kelley a. quit claim deed for the entire
one-sixth claim inherited by him from
his son, for the sum of $1,000, not dis
closing to Mr.. Kelley that the mine
was worth millions of dollars and was
one of the richest ever found at Lead
Vile. The deed was obtained in Jan
uary, 1898.
When the Kelleys discovered that
they had been defrauded they brought
suit in the United States court for the
district of Colorado. The defendants de-
INJURED to the original complaint. The
demurrer was sustained by the court.
Then they filed an amended complaint.
The defendants again demurred. and
again the court sustained the demur-
rer. This time the Kelleys, through
their counsel, Judge Green, appealed to
the United States circuit court of ap-
peals.
In his brief Judge Green says Of the
court below:
now most respectfully submit the prop
os1tion to this honorable court that no
stronger case of stupendous fraud could nos
s1bly be conceived of by the ablest and most
experienced attorneys and counSellors at law
that could be found anywhere in the United
states or in any other civilized country:
these great controlling and phenomenal facts
all stand admitted and undsputed by the
demurrers to the said amended bill of com
plant, and all admissions made by the
nP met
garded as solemn and conclusive admissions
and those made by demurrer or demurrers
are just as solemn and conclusive as these
made in any other pleadings in the pro-
gress OF a suit in equity, or even in a suit
at law
Another remarkable fact in regard to all
OF these decisions of both the state and
federal courts in the state of Colorado is
that they have been for years past and
continue to be wholly and absolutely in favor
OF the parties who have made large sums
OIL money as the results of their frauds and
robberies, and always and invariably dead
against every poor man who has attempted
to contend against these mine pirates in
any OF the courts of the state of Colorado
1t must strike everyone familiar with the
Judicial history of the state of Colorado as
being very strange, indeed, that the law
is always on the side Of these successful
mine pirates, and never on the side Of
any of their victims.
l do not believe that it is possible for the
human intellect to exaggerate such shame
full violation of all law and all precedent
and all reasons and all justice, as is shown
by the decisions of the court below in these
three cases now pending before this honor
able court; and therefore, l regard my
statements as being very moderate and very
mild, and very cautious in the light of all
these rulings, and in the light of all Of
these cases which l have just referred to
and commented upon.
Judge Green calls Judge Hallett a
judicial tyrant and his ruling a judic-
ial outrage. and has so set it forth in
his printed brief before the circuit
court of appeals. He proceeds:
The judicial conduct, the judicial action and
judicial decisions of his honor, Judge Hallett
throughout all three of these important suits
is of such character as to show what a
deep and deadly prejudice he seemed to
possess against the compliments in each and
all of these suits; and what remarkable par
TALLY he possessed in favor of the defend
ants. and his whole judicial conduct shows
clearly that he was utterly and absolutely
unit to hear and determine any one of these
cases, and that he was so blinded by his
prejudice, and so absolutely under the con-
troll and influence of his binding prejudice
that 1T seemed utterly impossible for him to
render decision. or make a suggestion or
perform any judicial act whatever in regard
to any of these cases without showing
clearly the terrible and fatal influence Of
some kind, under which he was acting
against the compliments, and in favor of the
defendants.
Judge Green then says that Judge
Hallett Willfully perverts the truth
with respect to the matter at issue
before him in this suit. He proceeds:
His honor, Judge Hailett, was continually
struggling to pervert, distort and misconstrue
all of the circumstances showing the most ag-
gravated and gigantic fraud that any man Of
ordinary intelligence even could see and
understand as meaning nothing at all and
being wholly and absolutely innocent in so
far as all of these charges of enormous fraud
are concerned!
What deep and terrible motive may have
controlled his honor. Judge Hallet, and in
duced him to trample upon all law and all
authority, and attempt to distort msconstrue
and misrepresent the plainest and most i'm
portant facts and allegations of the amended
bill Of complaint, l cannot imagine if the
judge of the court below had full possession
and control of his reasoning powers but no
action Of the court below, in this regard,
may have been, the record which the court
below has made and which is contained in
this opinion, simply shocks all reason and
all sense of justice and all sense of judicial
fairness and impartiality, and all sense of
right, and simply attempts to so distort and
pervert the administration of justice and to
turn truth into falsehood falsehood into truth,
right into wrong and wrong into right hon
esty into dishonesty, white into black, and
black into white, judicial integrity into cor
ruption, and corruption into judicial integrity,
and to absolutely pervert and prostitute and
degrade the whole administration of justice
intelligent and fair minded person, that 1t
seems to be absolutely incredible that any
learned judge of high court of chancery
should rush so blindly and in such a shame
less and defiant manner into such a judicial
monstrosity as this opinion of the court be-
low in the case at bar is, and l might say
Also in both the Curran and Donovan cases;
for this judicial outrage perverts all truth
and law and justice in the decision of the
court below in regard to these two cases as
we'll. as will be seen by mere reference to the
printed record in each of these cases.
After Judge Green had read the brief
and made some argument in support
of it, Judge Brewer and the other
i,,dcrn- 1ictnnad To co1ncal ON the ntLnar