The evening times. [volume] (Washington, D.C.) 1895-1902, 1897-09-01
JUDGE WILSON'S PICTURES
The Artist-Attorney Takes Snap
Shots i'm Wedderburn Case.
BEN BUTTERWORTH A LION
One of the Defendants Attorneys
AssaiIs the Governments Method
of Proceedipg-The Sins of omis-
sion in the Prosecutors Brief.
CoBtinuing the A argument.

Tie wedderburn case was resumed at the
Patent office tlds morning IN the presence
of q large number az people. drawn there
tyy the announcement that jeremiah Wilson
would present his argument. Judge Wilson
began by saying that he would not stop
10 discuss some OF the suggestions made
by Mr.. Small for the prosecution Mr.
Small. said Judge Wilson, virtually pleaded
for the disbarment Of John Wedderburn
tnat he might be prosecuted under the
criminal law at a later day
Judge Wilson paid his attention 10 the
position of the case, which he said was
| considerably embarrassed. He found that
toe law maxim that a man was innocent
until proved guilty, had been reversed In
this ease The defendants had been hotiiied
by tile Commissioner 10 appear and show
| cause why they should not be disbarred-
This was practically the same as calling
a man into court to prove his innocence
| In this case the Commissioner or Patents
w as tie chief complaining witness and the
Judge.
Judge Wilson said that IL he were car
toouist ne would draw the picture of a
lion having the face of his old-time friend
Ben Butterworth. He would draw the
mouth cf that hon open and insert in IL
the Lead OF his client, John Wedderburn.
Then he would draw Prosecutors Stauffer,
Winte-, Small, and others in the attitude
of pinchinc that lions tail TO make him
shut his mouth.
Judge Wilson said that the brief of the
prosecution was neither frank nor ac-
curate IL had written on IL the sin OF
omission He took up the charge that
searches were careIessly made He showed
that the email percentage Of cases in which
errors were found did MOI justify the
charge OF Carelessness. He next moved un
to the charge that John Wedcerburh com
PEELED has searchers 10 make ,, 10, ana
. SEARCHES daily. Judge Wilson said that
tins charge was sustained only by the testl-
mOny OF one man, while the evidence was
OVERWHELMINGLY against this charge. This
sine-le witness was ellis The brief set
forth that the affidavit OF George Burns
corolorated GiIlis Judge Wilson read the
affidavit and argued that it did moi cor
rohorate Gilhs He argued that the record
did not contain a line OF testimony that
. searches could not be properly made ia
a day by a Competent searcher.
He criticised the briei also on TIE ground
that tie prosecutors did not confine theE
brief 10 evidence brought oct under exam
inatian Of witnesses, but introduced their
Testimony without brief instead of going
to the stand.
He took up the charge that Wedderburn
had employed unskilled search-rs. He
defended the ability OF the searchers,
though, said Judge Wilson, ''some Of them
have turned out to tie very bad nen."
| He showeu that several of the selrChers
employed by Wedderbnrn had also been
! emploved bv several of the ''so-called
raputa iae uatent q ttorneys a. Well. Judge
" Ilson then proceeded 10 attack the testi-
mony of ellis. He told the story Of how
| GIIliS obtained information and what he
| die with it. Judge Wilson referred to
| the efforts which he said Mr.. Wedder-
burn had pot forth to improve The charac-
| ter of the Searchers when he became ware
that the seslchers Were not as effective as
! they might he
/ Judge Wilson maintained that If the
Patent office was simply casting around
for sorae way in which John wedderburn
/ could be disbared. the Government brief
was all right: but If it was the purpose of
| denoe for and against wedderhurn, that
brief was ali wrong. He pointed out
many of the alleged insinuations con-
tanned in the Government brief, which
were not justified by the evidence
1T was not the deliberate purpose ="
said Judge Wilson. Ito send favorable
reports to inventors, irrespective of the
| patentabIlfty of their inventions. The
III. H..
! justice of this charge. Else, why were
65 per cent OF the searches reported un-
favorahlv?"
Judge Wilson argued that in those cas- es
where error had been discovered there had
been an absence OF willfulneSs and that the
prosecution had signally failed To prove
willfulness in the errors. Judge Wilson
wanted to know il the case was to be
decided Oh tire Testimony OF one witness
and that witness Gillis, or whether it was
to be decided on All the evidence
He took up the matter Of the testimony
OF Mr. Bond. who was in charge of the
search department of John wedderbum.
The prosecution maintained that this
witness being in the employ of the re-
kpondent corporation was biased in his
testII iony. Judge Wilson then applied
this reasoning to several OF the witnesses
of the Government, who were discha arged
/ employees of the respondent corporation.
Mr.. Bond, said Mr.. Wilson, was one Of the
most candid witness es he ever saw on the
stand Ue did not commend Mr.. Bond for
telling the truth. IL was so much easier
| 20 tell the truth on the stand than to tell
/ q lie.
"ltis very hard, said Judge Wilson, Ito
tell lie and not get caught
All throrgh the criticism OF the brief OF
thcprOsecution Judge Wilson contended that
the prosecutors, instead Of eontenting them
! selves with a legitimate presentation Of