The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-02-10
Republished from the Scranton Truth /

Repubished from the Scranton Truth by
Special Request
A correspondence between the honorable
judges of Lackawanna county, and Mr. A.
ii. McCollum, my attorney which the
judges have thought proper to publish, re-
qureS on my part short reply. The pro-
priety of the judges writing letter to my
attorney at all is at least questionable
but the propriety of their using toward
my attorney in their letter the following
threatening language, is far more than
questionable. They say to him:
Although a resident in an adjoining
county, you have been duly admitted to
the bar of this county, and are entitled to
practice at any time in the courts here.
With this privilege, however, you have as
sumed the corresponding duty of fidelity
to the court" and you cannot but be
aware that no court worthy of the name
can permit its justice and integrity to be
aspersed in this way without calling coun-
sci to account for it,"
This is most forcible demand on my
attorney to withdraw from the case And
that 1t was effective will appear from a
statement of the facts, which are these.
The case of Burns VS.. Smith, and the dis
barment case, grow out of precisely the
same state of acts; and a statement of
the facts In the one case, would necessarily
be a statement of the facts in the other.
The facts Were first stated in the paper
book in the disbarment case. In regard to
the statement of the facts in the disbar-
ment case Mr.. McColum was consulted,
and the statement was entirely satistac-
tory to him. In preparing the paper book
in the Burns case ii was not deemed neceS-
sary to consult him second time, about
statement of the same facts, he living
in another county. The facts stated in the
Burns paper book are in words, nearly
in substance strictly the same as the
facts stated in the paper book in the dis
barment case. About the middle of De-
cember, 1896, | sent Mr.. McCollum paper
book.
For at least one month I heard not the
slightest intimation of any objection on
his part. But just three days after the
judges had sent him their threatening let
ter, viz: Jan. II, 1897, / received from him
letter informing me that he would with
draw from the case.
! have sufficient confidence in Mr.. Nc
| Collum TO believe that If he withdrew from
| the case because the statement in the
| paper book was Objectionable, and not on
account of the judges threatening letter.
| he would on the receipt of the paper book
! have given me notice to that effect so that
| l might have sufficient time to employ
| other counsel and would not have waited
until it was too late for that purpose.
The judges must know if it is an offense
| for lawyer to threaten judge as to the
| performance of his official duty; that it is
! equally so for judge to threaten a law
! yer as to the performance of his official
! duty. They must know that If two or
| more persons conspre together to force,
! by threat, or otherwise, an attorney from
the performance of his official duty, that
| it is an offense. And If two or more
| judges should conspire to do the same
thing, 1t Is also an offense. l am not dis
posed to blame Mr.. McCollum Most men
| fear the ruin of themselves and their fam
lilies. / have feared it myself, and moth
ing short of ineXorable duty to my client
| could force me to voluntarily accept de-
| struction. | was forced to make choice
| between duty on the one side and ruin
| on the other. l chose the former at the
cost of the latter. And there are many
| good men who viii believe my choice was
| not a wise one yet l cannot SO regard it,
| While the choice will strip me of pro-
fesson and property, 1t will leave me my
| honor and my manhood.
Having no desire to involve others in
! my misfortunes. Were / not disbarred
| | would prefer to fight alone, as | have
done for seven years. But being senced
this is not possible. And while | am thus
helpless ] submit to the judgement of all
fair-minded persons that the judges in
disarming a fallen foe, have gone too far
Under such a condition most men would
disdain to strike.
Cornelius Smith.