The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-12-04
BURKE TO BE EXPELLED
CLEVELAND ATTORNEY FOUND
GUILTY BY TRIAL COMMITTEE.
Secured Divorce in Irregular Manner
baugh to FaIsify Record.

CLEVELAND, o., Dec. 3-The report of
the trial committee of the Bar Association
in the disbarment proceedings against SEN
ator Vernon H. Burke was presented at
special meeting of the association held this
afternoon. The report says, in part:
I'VE find that Judge Dellenbaugh. while
acting as judge of said court, introduced
and sent to Mr.. Burke Mrs. Edith Man
ming; that Mr. Burke performed service for
her in connection with a settlement of a
claim asserted by her against woman for
alternating the affections of her husband,
and in connection with the preparation and
hearing Of a divorce case against her hus-
band, and that Mr. Burke received from
Mrs Manning for these services about So, 800
81 100 Of which was paid by him to Judge
Dellenbaugh as follows: One thousand dol
lars July s. 1895, and 500 July 49, 1895. From
evidence by Burke to establish the truth Of
the words so spoken, the committee finds
that Mr.. Burke is guilty of misconduct in
his conduct as an attorney at law and in
his relation to the Cleveland Bar Associa-
ton in that he wrongly connived and con-
spired with Judge Dellenbaugh to procure
a divorce for Mrs. Manning in an irregular
manner, contrary to law and without proper
evidence, and in that he wrongfully con-
spired with Judge Dellenbaugh to falsify a
record of the Court of Common Pleas of
Cuyahoga county.
1--WE lind that on Oct. 49, 1895, four days
before the expiration of Judge Dellen-
baugh'S term of Office, by appointment, said
divorce proceeding was secretly heard by
him as judge many months before IT could
have been reached IN its regular order, with
out any motion, affidavits or order for its
advancement, and without proper and nee
essary evidence being produced at the hear
n
heard was not docketed by title on any
docket or calendar of said court, and that
no entry was thereafter made any trial
docket or calendar of said court that said
cause had been heard or decree therein
rendered; that Judge Dellenbaugh, in April,
1886, handed to the clerk OF the Common
Pleas Court of Cuyahoga county q journal
entry in the Manning divorce case which
he falsely represented to said clerk That re
had while judge of said court Endorsed for
entry; that said journal entry was in fact
prepared and Endorsed after April 10, 1896,
and after Judge Dellenbaugh had ceased to
be a judge of said court, by which represen-
tation said clerk was wrongfully induced to
believe that said journal entry had been in
dorsed by Judge Dellenbaugh while judge
OF said court, and that 1T was proper TO en-
ter said decree the journal OF such court,
which he thereafter did.
The committee makes the following rec
concentrations:
'First-That Vernon II. Burke be expelled
from the Cleveland Bar Association.
''Second-That the secretary of the asso-
these findings to the committee of inves-
tigation, to be treated as a complaint in
writing authorizing such proceedings
against Hon. Frank E. Deilenbaugh as they
may deem proper.
''rhird-That the secretary of the associa-
ton 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"
Senator Burke refused to discuss the find
ings Of the committee, referring everybody
to his attorney. Judge Dellenbaugh said:
THE findings of the committee were a COM
plete surprise to me, because they were I'M
warranted by the evidence in q proceeding
to which 1 was not a party and in which l
was practically pOwerless to defend myself.
/ invite and demand the fullest careful in
vestigation by a court Of competent juris-
diction into all my doings since have been
on the bench. L am confident such an in
vestigation will result in my complete vindi-
cation"
1t is regarded as doubtful whether any
thing could be done with Judge Dellen-
baugh even if the charges by Burke were
sustained He can only be removed from
the bench by Impeachment proceedings be-
fore the Legislature, and inasmuch as the
acts charged against him were committed,
if at all, while he was serving as judge by
appointment, and inasmuch as there was an
interim between that term and the one for
which he was elected and is now serving,
the Legislature would have no jurisdiction,
it is said.