Republican news item. [volume] (Laport, Pa.) 1896-19??, 1904-10-20
SCOUTEN'S DISBARMENT.
Full Proceedings in the Case.
Opinion Of the Court Below and OF the Supreme Court OF
Pennsylvania Affirming Same.

| 18th district. holding the term of court
in place of the president Judge of the
district, who was unable to be present
III court on account OF sickness in mis-
family. referred the case to the two
associate judges 20 pass upon. AS
| there was considerable business 70 be
disposed of, these associate judges
went into either n jury room or the
| Judges chambers and an application
was made to continue the argument OF
the case owing to the dispositions not
| being i'll proper shape in some way.
| ms application WIS granted and to ac-
commodate the attorneys. one of whom
| lived in DuShore. and the other in wy
aluslnS. the hearing upon the rule was
! fixed at Dushore. and was held in Mr..
Scoutens office. At this hearing it was
again continued at request of orc of
the parties and the hearing fixed at
Laporte at the court house The asso-
ciates fixed the hearing at the court
house, largely and mainly because the
conduct of Mr.. Scouten in the case at
his Office was such that they did not
! 1eel like ever hearing any argument
again in which Mr.. ScOuten was cen
cerned, IN any other place except the
! court honse where no questions could
be raised as to their authority. or to
the regularity of their proceedings but
there was no understanding or agree
ment whatever about the president
judge being present. At the next reg
ular term OF court or at September
| term. the jury trials took up !, most
the entire time of the court, SO tl.at
few cases on the argument list were
reacned. And as the parties III che
| Bush V WigginS case seemed anxious
| i.. tk,.
| as possible an adjourned court was
! fixed for October IL, at which that case
and one or two other cases or rules
were directed to be disposed of. or at
least were put down to be heard At
the time this adjourned court was
fixed the president Judge announced
from the bench to all parties That it
would not, in all probability. be nossi-
| bic for him to be present upon that oc-
! caslon, as he expected to be away from
the county AT tina, time
! From these facts we are unable 10
see how it was possible for Mr. ScOu-
ten TO have been misled as to who was
to hear the rules. or to have been dis
appointed in not having had the presi-
| dent judge present, and thereby tC have
| become irritated
Upon October II. 1897. court net at
| the court house TO hear the ruia in
above referred to case, and also 10 dis
pose OF some other rules and matters
that We're To come up at the time. and
was held and presided over by Hon. G.
krauS and Hon. John Line. the two as
sociate judges of the county. That
these two judges have power to hold
the court is too plain for any 1rgu-
ment. 1t would not serve any particu-
| a mn to of tor tNt hslr To ntfA
thorities showing the authority OF as,
sociate judges To hold court Their
power to do so is abundantly sustained
! by authority.
| So that the court held upon October
ii, by the associate judges was court
| OF competent jurisdiction and tne or
ders, DEGREES and decisions of that
| court were OF as much authority and
as binding upon all the parties inter-
| eSted as they would have been had the
president judge been present ana par
! ticipated in the business of the court.
At this session Of the court the case
Of Bush V. Virgins had been argued,
and the court had made the rule to
open the judgment absolute and au-
thOrized the defendant To appear in
court and defend against the note upon
which judgment had been entered.
Also The application of John P. McGee
to set aside the sale of his real estate
by the sheriff had been heard. and the
rule to show cause why the said
sheriff's sale should not be set aside
had been discharged. In this last rule
MIR. Scouten was personally interested,
as he was one of the purchasers of the
real estate of said John u. McGec, the
property having been sold in different
| lpfS ar narna1u Lob
G.. Scouten having purchased one of
these lots or parcels at price, thought
by some. TO be a high price for the
property.
After these proceedings had been
taken, and the court had made the de
| clSlonS and orders set forth above
Judge krauS had occasion to leave the
bench and pass out into the hall or cor
| ridOr In the rear of the court room and
down the stairs into the hall or cor
ridor Ill the first story Of the court
house. Mr.. Scouten, after Judge t,raus
| had left ~" court room, also left the
court room, taking practically. if not
| exactly, the same route Judge kraus
had taken. Whether Mr. Scouten did
this to follow Judge Kraus up or not, of
course, We do not pretend TO say. nor
do we consider it OF any consequence
| in this case. That he came out after
Judge kraus is not denied Thai he
descended into the lower hall or cor
ridor after Judge kraus is not denied.
And that he there met Judge Nraus
| and be gan most indecent and out
rageous attack upon Judge Kraus on
account OF the rulings and decisions of
the court is not denied, and that any
| Iother cause or controversy whatever
existed for this attack is not in any
way claimed by the respondent: SO that
whatever occurred there and Whatever
attack was maze by Mr. Scouten upon
Judge Kraus was made solely and EN-.
tirely. because of the rulings. decisions
and actions of the judges in the mat
ters that were before them in court
When Mr. Scouten met Judge kraus in