Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-01-16
ATTACKS A DISTRICT JUDGE


Judge W. VI. Mccariy. Of the Firth
judicial district. occupied Justice Msi-
ere place on the supreme cour, bench
today
The cnre N Edward whlppio. appel
lnnt W. Wnilnmprccce It nj was ar
rued By Judge .. a. Rhodes IN behalf
Of the appellant. and submitted
upon briefs by the respondent and
mi,on under udsisomcn' This IL an
appeal from Judgment In favor Of
defendants and from an order dcnylns
plaintiffs motion for nov TRAIT rem
dorcd IN the Fourth district court. W,
y. puscnbrrry. judEe.
Action was brought IN November.
1897 IN recover $1,000 as damages for
the nlicfcd conversion " "a number N
number Of head ~ horses, colts and
mules. etc.
The case was tried before Judge Du.
senberry aud n Jury In April. 1875. ana
verdict mo cause for action" was
returned. a motion for now trial waa
oyerrniod when plaintiff appealed.
There are soiur unusual features cone
nccicd with this case. involving un u
does an attack upon hieh Judicial
officer. and reply thereto. IN hts
brief and argument Tor the appellant
Judge Rhodes saldi
This appeal presents some very m
navory facts and conditions. ard th.ir
presentation 10 the appellate court II %
counsel for appellant. a most Painful
aud unpleasant duty. CaiiIus The li
tsutluu % this court 10 th0 uudruiAhif
drunken misconduct of the Judge. dur
Ing the trial 81 this case. " forced upon
counsel by the stern duty h. owes -
his client ana the facts are IN tho
record. Such conduct nt any time low.
or public confidence IN the court. ana
H. dnubly dlHRraueful. 49, well ~ preiu-
dirini to iitgantH, when exhibited un
the bench. In the trial ~ causes. Had
| this case been tried hofof" fry other
/ Judge or had the trial judge been sober.
aud ln proper mental conditions ms
l appeal would not likely have been
necessary If such drunkenness ana
misconduct u thu Judge. IN the trial N
| causes, aH nru disclosed by the rccufi m
/ this case. arr condoncd and approved,
then will the cnnndenC. ~ the people
| In the judiciary be- destroyed. mud the
/ administration OF justice by Tho courts
l b. looked upon na q farce. such run-
| duct " No dangerous to the rights oi
/ iitiRnntH 40 dishonesty, ana u cnls
phaticaily trailing the judicial criniii"
| IN the mirc.'"
Mcasrs. Leuthl. Hlouiz. Warner ard
l Thurman, attorneys for respondents,
replying, said
"a judR. II entitled 10 the respect of
members ~ tho bar. 10 fair and can
did treatment from them. and no nt-
tornry has the right. In or Out of court.
Ia east suspicion upon, or treat Judge
| with diHrcspect on indignity. such d
charge 49, has sborn made should be-
| mad. only when good cause exists
/ therefor. and IN this case such cause
cannot be- found. The trial judge u
entitled. at tho hands u this court. 20
full and careful consideration ~ the
entire records ~ the cause. II the COM
ditinns existed that counsel would have
this court believe. II IN plain that, some
where In thu record, evidence NJ the
fact would exist. We elite the record,
with full assurance that there cannot
b. found within IT, lids, the first act
ar omission that would Indicate such a
condition IN the part ~ the Judge. ~
counsel Tor appellant would have this
court believe existed. Hut On the con.
trnfy there ~ within u inuendn and
I'D. remarks that do not become the
place and dignity ~ an attorney sworn
10 maintain due respect for tho judi'
ciary."