The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-12-04
JUDGE AND ATTORNEY GUILTY
COURT SCANDAL INVESTIGATED
BY CLEVELAND BAR.
Judge Dellenbaugh Guilty of NAL
feasance and Senator Burke of
Misconduct as An Attorney.

Cleveland, O., Dec. 3.-The report of
the trial committee of the Bar associa-
ton on the disbarment proceedings
against Senator Vernon Burke was pre-
scented at a special meeting of the as
ISOLATION held this afternoon. The re-
port says, in part:
We find that Judge Dellenbaugh,
while acting as judge of court, IN
troduced and sent to Mr.. Burke, Mrs.
Edith Manning; that Mr.. Burke per-
formed services for her in connection
with a settlement of a claim asserted
by her against a woman for alternating
the affections of her husband, and in
connection with the preparation and
hearing of a divorce case against her
husband, and that Mr.. Burke received
from Mrs. Manning for these services
about $500, $1,100 of which was paid by
him to Judge Dellenbaugh as follows:
One thousand dollars, July s, 1895, and
500, July Is, 1898.
From the evidence offered by Mr..
Burke to establish the truth of the
words so spoken, the committee find
that Mr.. Burke is guilty of misconduct
in his conduct as an attorney at law,
and in his relation to the Cleveland
Bar associations; that he wrongfully.
connived and conspired with Judge Del
lenbaugh to procure a divorce for Mrs.
Manning in an irregular manner, con-
trary to law, and without roper evil
dence, n in that he w~rongfully con-
spired with Judge Dellenbaugh to falsi-
fly a record Of the court of common
pleas of Cuyahoga county.
I'VE find that on Oct. %, 1895, four
days before the expiration of Judge
Dellenbaugh's term of office by appoint
ment, said divorce proceeding was Sc
cretly heard by him as judge, many
months before it could have been
reached in it's regular order, without
any motion, ~affidavits or order for its
advancement and without proper and
necessary evidence being produced at
the hearing; that said ase at the time
it was heard was not docketed by title
upon any docket or calendar of said
court, and that no entry was thereafter
made upon any trial docket or calendar
of said court; that said cause had been
heard or a decree therein rendered.
"That Judge Dellenbaugh, in April,
1896, handed to the clerk of the COM
mon pleas court of Cuyahoga county a
journal entry in the Manning divorce
case, which he falsely represented to
said clerk that he had, While judge Of
said court, endorsed, for entry; that
said journal entry was. in fact, pre-
pared and endorsed after April 10, 1896,
and after Judge Dellenbaugh had
ceased to be judge of said court, by
which representation said clerk was
wrongfully induced to believe that said
journal entry had been endorsed by
Judge Dellenbaugh while a judge of
said court, and hat it was proper to
enter said decree on the journal of such
court, which he thereafter did"
The committee makes the following
recommendations:
Ffrst-That Vernon H. Burke be ex-
PEELED from the Cleveland Bar associa-.
ton.
Second-That the secretary of the as
ISOLATION be directed to present a copy
of these findings to the committee of
investigation, to be treated as a COM
plant in writing, authorizing such pro-
iceedings against Hon. Frank E. Del
lenbaugh as they may deem proper.
Third-That the secretary of the as
ISOLATION be directed to present a copy
Of this report to the circuit court of
Cuyahoga county for such action in the
premises as the court may deem proper.