The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-01-08
CHARGE WAS FLIMSY
0. H. Bentley and A. I. Cherry
are EXonerated
BY MEMBERS OF THE BAR
Did Not Do Any Intentional
Wrong.

Judge sankey, in the district court, in a
very concise statement presented the re-
mort NJ the bar committee appointed Oh
Monday last to investigate charges OF IN
professional conduct fled against ex-Sen-
ator Bentley and A Thomas Cherfy' a"
Young man in his Office. This gave rise ~
,,erara1 discussion, In which Judge Dd4e
81 9 hand. relative to the fact thaC d
LAWYER is always more or less al the me- -
of any man who feels himself aggrleNeo Id
anv business transaction
As soon as Judge Sankey presented INT
~enort. Senator Bentley arose ana asAeU
that the report be read in fun as ne was
not in the city when the charges were nie1
He was notified that the charges mad Detn
fled while at Alva. O. T.
At the conclusion Of the reading OF the
ra,ort Senator Bentley said he desired
publicly TO thank the court ana comIni'-
tee-wbom he called the court Of vista
tion-for their expedition and prompthesS
in passing upon the matter and relieving
him OF any imputaIons
The committee report entirely eXoner-
ates both Senator Bentley and Mr.. Cherry'
Prominent lawyers yesterday afternoon
said that an attack on weli-knoWn law
yer was always a reflection upon the oar
and was so regarded by members Of the
bar. Judge Dale said that he had planned
a course which ne should always follow
in such cases-to at once appoint a good
fair bar committee and have them act
Dromptlv. His views met the general ap-
nroval Of the bar The following IS the
report fled by Mr.. Kos Harris. chairman
OF the bar committee. AS usual Mr. Har-
ris gives no uncertain sound, but strikes
from the shoulder:
Wichita, Kan, Jan. g. 1893.
ITO the Honorable D. NJ Dale, Judge Of
the District Court Of Sedgwick County,
Kansas:
81 hereby state to you that have care
fully examined the matter referred TO your
bar committee, to-wit: Kos Harris, r. A
Sanlxey and r r Vermihon. covering the
affidavit Of J. d. NcEwen, fled in this
court, charging A T. Cherry and o. Il.
Bentley with certain unprofessional con-
duct in connection with the action OF
Wright against Brakeman. pending in this
court.
''The afidavits OF Wright, Bentley and
Cherry are returned into this court with
the other papers in the case,
'In my opinion there is no foundation
whatever for the charge made. That so
far as Q. II. Bentley is concerned, the
services performed were entirely gratui-
tcus and that he is not guilty of any un-
professional conduct or misconduct Of any
kind, and tnar any reflection on him was
entirely uncalled for and malicious.
In my Judgment he IS entsly acquft-
ted Of any unprofessional conduct or mis-
conduct Of any kind.
81 am of the opinion that while a. T.
Cherry made statements to McEwen that
were not true that he has not been guilty
Of any unprofessional conduct, as the
statements were based on the facts as
given him by his client, Mr.. Wright, and
Cherry believed the statements he made
were true when he made same to Nc
Even.
Il am of the opinion that the fling of
grave charges in court against attorneys
or sultors. without a thorough investiga-
ton Of all the facts pertaining to the same
IS reprehensfble I am of the opinion that
this complaint is unworthy Of any further
investigation. KOS HARRIS,
Chairman Of Committee"
The report of the other two members Of
the committee agrees in the main with the
report of Mr.. Harris. Judge Sankey and
Mr.. Vermilion signed and fled 4 report as
follows:
Wichita, Kan, Jan. g. 1899.
n II 7
trict Court, Sedgwick County Kansas:
In the matter of the charges against
.. II. Bentley and \. T. Cherry OF unpro-
fessional conduct in the case of J. y
Wright versus W. L. Brakeman, we, the
undersigned members of the committee
appointed by your honor to investigate the
charges made by J. d. ATcEwen, in refer
ence to the wrongful collection from him
of the amount found by The verdict Of the
jury against the defendant. would respect
:vely report that we have examined the
charges made by J. D. NIcEwen, and filed
herein, and also had before us the al
1idavits OF 0. II. Bentley. A 7 Cherry and
(. E. Goodyear and find:
''First-That the money collected from
Mr.. J. D. NIcEwen by \. T. Cherry was
in the case; that Mr.. Cherry believed that
the motion for u new trial had been over
ruled and Judgment rendered against Bid
dlemsn; that the only actual knowledge
he had OF the coniuon Of the matter was
what he receive from the statement Of the
deputy clerk and the letter Of Mr.. Bentley.
Second-That the money was wrong
fully collected from J. D. NcEweu. but
Mr. Cherry. after discovering the actual
facts in the case. has returned the money
10 Mr.. McEwen. and the case remains as
II existed before.
''Third-We md that Mr. Bentley. while
perhaps being careless. did not do any
intentional wrong. and had no interest IN
the collection Of the claim. What he did
was simply for the accommodation Of
Wright and Cherry; that he neither made
any charge or receied anything for the