Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-09-11
DRAMATIC SCENE IN COURT
Sensational Pleading in tho Murphy
Disbarment Proceedings.

City bar. brought by Isaiah Dillon, a
farmer of Bloomington, ILL.,, to secure
Judgment for. some 5000 alleged to have
been collected by Mr. Murphy and never
paid to his client, and asking an order
disbarring Mr. Murphy upon his failure
to pay the judgment within certain
time, came up for hearing before Judge
Hutchinson of the district court yester-
day. Mr.. Murphy is acting as his own
attorney, and Mr.. Dillon is represented
by Attorney Henry j. Fletcher, of the
firm Of Fifield, Fletcher g. Fifield. OF
Minneapolis.
Mr.. Murphy not only was defendant,
but DEFENDANTS attorney, defendants
witness and cross-examiner of himself
Attorney Fletcher was sworn as q witt
ness and interspersed his answers with
| legal argument and afterward exam
ined and cross examined himself.
The suit in action in brief relates that
Calvin Rayburn of Bloomington. ILL.,,
sent to Mr.. Murphy, on Jan. 20, 1891,
for collection, two promissory notes, for
1886 and 1867 each. made by Elijah and
j. w. Adams Of Smithland; that the
claims were paid by the administrator
of the estate of Elijah Adams, by Feb.
| 2, 1892; that Attorney Murphy denied
the collection until 1896. after which
time he stopped all correspondence on
the subject.
I wish to be sworn" Attorney
Fletcher said. after reading the petition
He read stipulation made and signed
by Attorney Murphy in 1898. in which
he admitted having collected all the
money an the notes by Feb 9. 1892.
Take the stand.'' said Attorney MUIR
ply, rising.
Fletcher. who is tall and closely knit,
his hair bushy and white as silver tho
| he is but 40 years old. stepped lightly
| to the raised chair. Questions We're
rapidly put and concisely answered.
Ibid you, Mr.. Fletcher, file suit in
Hennepin county. Minnesota, after this
paper was, signed by me. looking to the
collection of this same debit" Murphy
lhad taken off his nose-glasses, and was
standing with his body inclined to the
witness and his eyes riveted on Fletch-
| er's face.
If the court please began Mr..
Fletcher. II would object to this ques-l
ton on the ground of improper cross
examination"
"Objection is sustained" answered
Judge Hutchinson. without looking up.
LET Mr. Murphy be sworn" said
Fletcher. as he stepped from the stand.
The Minneapolis attorney then intro
duced nine letters. most of them dated
after Feb. 2. 1899, when all the money
was collected. according to Mr. Muir
phys later admission and all of which
letters spoke of the prospect of collect
| ing the money. and holding out encour-
aeement in various forms. The last of
these was written in 1886.
AS each of the letters was introduced
1T was handed to the attorney in the
chair.
rs that your signatnre?" asked
Fletcher in low. firm voice.
Yes, sir" answered MIR. Murphy,
And did you write these letters to
Calvin Rayburn?''
II suppose did, was the invariable
answer.
The last letter was laid on the report
ler's desk.
Attorney Fletcher stood minute and
studied the floor. Suddenly he stepped
close to where Mr.. Murphy was sitting
on his chair, looked him squarely in the
eyes and asked:
Had you not collected this money
when all these letters were written?"
The stenographer dropped his pencil.
| The judge looked up. Every auditor in
the room turned toward the witness
| Mr.. Murphy took off his glasses and
his hand went feverishly to his fore
head for a moment.
Your honor he began, in a husky
voice, Il object to this question. Let the
i ~ ,;r;,,r
me to pass judgment on my own acts"
| Judge Hutchinson wheeled in his big
swivel chair and looked out of the win
dow. 1.-THE objection is sustained he
said quietly with not tremor in the
judicial tones.
Mr.. Murphy set up unique defense.
He introduced the records of garnish-
ment suit filed in Hennepin county,
| against the Gillette-Herzog Manufac-
turing Company.
He put Attorney Fletcher on the stand
and identified the records by him. The
suit was filed on Sept. Z, 1897.
Now didn't you receive information
from Strong &; Owen Sept. s, and didn't
YOU know that IL was my Intention to
so to Minnesota that very night to coll
I sltCI Ills CidlIIl tIldt might pay you /.
Mr.. Murphy asked, in the climax of his
examination.
Your honor, I objsct to this as calling
| for privileged matter between our
selves and Strong & owen" interposed
Fletcher, stepping from the stand.
objection sustained. answered the
court.
"What?" demanded Attorney Murphy,
/ springing to his feet and walking 10 the
/ judges bench. Am not permitted to
set up a defense, sir?'
The court only allowed the introduce
\ ton of all this evidence to see If any
money had been paid" answered Judge
Hutchinson.
But am not to be allowed, sir, to
show the extent of the damages done to
4 me?" Murphy's hand trembled as he
held it out to the court. His voice was
\ filled With emotion. but rang clear and
pure. This man demands OF me that
/ i pay him this sum of money. But If
by maliciousy prosecuting me SCR its
i collection, by calling for my disba-ment,
4 sir, he Injuries me in a greater extent
d than is represented in my Indebtedness
i to him, treble, yes quadruple, this
amount, then then should he be allowed
to compel me to pay him money, when
he Is the real debtor: This is court of
4 equity, sir, and IL ! am not to be given