The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-07-12

Cornelius Smiths application for re-
instatement came up yesterday fore
noon before Judges Archibald, Gunster
and Edwards, and on his own motion
an order was made certifying the case
to Judge Stanley Woodward, of
Wilkes Barre, for disposition. The bar
committee will notify Judge Woodward
and arrange with him to come here
this week IL convenient for him and
all parties concerned.
The bar enclosure was packed with
members of the bar in anticipation OF
the argument. Attorney James Mahon
addressed the court for Mr.. Smith and
read aloud the petition for his rein
statement. Mr.. Smith was disbarred
on June II. 1896, and the Supreme court
modified the order so as to permit an
application for reinstatement at the
end of two years from that date.
Judge Archibald asked Mr.. Mahon II
the petition contained the qualification
of the Supreme court that the appli-
cation could be made providing that
meanwhile nothing except what was
of record appeared against Mr.. Smiths
private or professional character.
MR.. SMITHS REMARKS.
At this point MIR. Smith addressed
the court and said the petition was
sufficient for prima facie case for
the rights he was seeking. He read a
petition that Attorneys James II. Tor
rey, S. b. Price and f. G. Newcomb
be required to show by warrant of
attorney by what right they were act
ing in this case. The court refused
the petition, and in doing so Judge
Archibald stated that the court had
abundant authority TO appoint a COM
mittee TO represent It in these proceed
ings, and it had appointed three dis
interested and impartial persons. Mr..
Smith presented then the following
petition:
Cornelius Smith, the petitioner, being
duly sworn, says: That he is informed
| and believes that the parties to the is
| sue in these cases are the honorable
| Judges of Lackawanna county on the
one side and the petitioner on the other
side; and that the judges, who are. by
| law. required to try the said issue, are
| parties to it and personally interested in
the event of the same. That the said
| issue is part of a long. bitter and per
sonal contest between the sad Judges
and the petitioner. and the petition
| er is informed and believes that tn
| said judges are strongly prejudiced
against him, and that he cannot obtain
fair and impartial trial before the
| said judges. He therefore prays the
court to certify the case for trial to the
| president Judge residing nearest the place
| of trial, who is disinterested.
FAVORED PETITION.
Mr.. Torrey consulted with Messrs
| Price and Newcomb and announced
that the committee would be in favor
of the petition as it would relieve the
court of an embarrassing position.
Judge Archibald said the court would
retire and consult about it. The thres
judges came hack in a few minutes
and the following order was made:
Without conccding the truth of the al
legations made in this application, bu,
being entirely willing to be relieved o.
the duty of passing upon the petition
for reinstatement. the motion OF the peti
| tioner is allowed and this case is hereb,
certified to Hon. Stanley Woodward. pres
ident judge of the Eleventh Judicial dis
trict, as prayed for. BY the Court