Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-03-25
Judge Burnham Does Not Be-
lieve Records We're Inten-
tionally Tempered With
WAS NO PERSONAL CONFERENCE
Attorney Who Requested That the
LAMA Case Transcript Be Altered
Had Not Personally Seen the Court
Reporter-Blrnham Made Palmer on
One Point.

In view Of the sensation in the dis
trict court, resulting from the disclos-
ure that the court records In the case
of B. LAMA VS.. the LeGrand Quarry
Company had been tempered with, and
altered by Former Court Reporter Ag-
mes L. McKinnon on the request of the
plaintiffs attorney. c. n. L. Boardman,
Judge Burnham states today, in q
communication to the T.-R., that he
does not believe, personally, that the
records were altered wilfully. on the
part Of either the attorney or the re-
porter, and that the changes We're
between the attorney and reporter.
Judge Burnham wishes to be made
plain on one point, which was brought
out in the report of the case, in which
the court sustained the motion of the
defendant to have the record restored.
Judge Burnham feels that he has been
misinterpreted by this newspaper ana
by some of the attorneys who listened
to him in the question pertaining 10
the criminality of the act. Judge Burn!
ham did not intend, in his remarks, to
convey the impression that he was
specifying this particular case, In re-
ferring to the act as being one of for
gerry. but spoke generally, and that an
act of this kind, whether done at the
j
person, was a forgery under the stat
utes, providing such act was done viii
fully. The court does. not think that in
the case in question there was any
wilful intent to alter the records.
Judge Burnham's communication to
the T.-R., in which he makes himself
plain, is is follows:
Editor Times Republican,: In your
report last night. in the proceedings
upon the motion to restore the record
ia the case of Barta Lama VS.. the Lee
Grand Quarry Company, the court is
made to say that the act of the re-
porter and the attorney was a forgery
on the part of the reporter and attor
ney who induced the action was an ac
ceSSory. This is an error. In review
ing the matter referred to the fact I
that had looked thru the statutes 10
see whether or not there was any PEN
alty attached for the specific act of
changing or altering a record other and
outside of the provisions of the state
ute which made it forgery, and found
there was none and said that the act
OF reporter or attorney or any other
person who deliberately and wilfully
changed or altered record was guilty
of forgery, but that l did not believe
fully changed or altered the record in
this case. but that the reporter feel |
ing that possibly she had made a mis-
take. because of her physical disability |
Mt the time she reported the case |
seemed willing to correct her mistakes |
and said she wanted to do what was |
right and afterwards offered to correct |
any mistakes for the defendant, If any |
had been made. as well as for the
plaintiff. Hence. ] did not believe that
there was any intention on the part of
either the reporter or the attorney to
wilfull1 and Intentionally do an act
that would bring them at all within
the provisions of the act defining for
gerry. l wish further to say. In order
To do exact justice to all parties con-
cerned. that 1t appeared upon the hear
Ing that Mr.. Boardman did not per-
fonally see the reporter. Miss McKin-
non, at any time before the changes
were made: that he simply wrote her
letters calling her attention to what he
claimed We're certain errors and omis-
slons In the transcript, and she read
lily agreed that certain mistakes and
errors as he suggested, might have
occurred and that she was willing to
correct them. and Mr.. Boardman
claimed, from his point of view, that
ne understood the attorney on the 9th !
er side had notice and understood that
certain corrections were to be made.
= ms was disputed by the attorney for {
the defendant.
wish here to express the conf ience {
have always had in both the at s
torney, Mr.. Boardman and the renort- t
er, Miss McKfnnon. and could not ami :
90 not believe either would be guilty. ,
OF Wilfully and Intentionally altering {
or mutila ting a record of the CONT :
But l also feel that a serious mistake {
was made and In what / said was not +
SO much in condemnation of the mar S
t,cuiar acts under the peculiar circum- t
stances of this case as TO impress upon G
enc attorney for the plaintiff in this
ease and all others the in1portta nea of
preserving inviolate any record of the !,
courts In all cases and the effect thera-
~, and did not intend in any way To
designate, the acts done in this case as
4 forgery. % b
!. ! make this statement for the reason Q
mat l feel an undntentional Injustice i
vas done to Mr.. Boardman in rasnact d
20 the matter contained in your re- i
port above referred to- For I Womb not v
alrectly or Indirectly Intentionally do a
'r pe the agent in doing an Injustice b
o any person and | would not int,4n- II
aonaliy, from the bench, designate any a
lcs OF a citizen as crime before q b
therefor.
nope you Will give this the same
prominence in your paper that YOU dia
ne report of the proceedings in this c
matter In your issue of last night.
g. w. BURNHAM."
Marshal County Pensions. j,