The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1905-01-25

Judge Reed Today Delivered An
Opinion Declining and Giving
His Reasons.
INTEREST AMONG LAWYERS

was the filing by Judge ID. G.. Park,
the well-known attorney, of an afi-
davlt in the cases OF c. W. Boswell
and Y. T. Long, of Mayheld, against
the Citizens Savings bank, to swear
Circuit Judge w. NJ. Reed on the
bench and allow special judge to
try the cases.
The affair is the more interesting
because Judge Reed and Judge Park
are half brothers. The legal frater-
nifty has been watching the case with
anticipation. The whole affair was
kept quiet until this morning, when
Circuit Judge Reed filed an opinion
in reply to the affidavit, declining to
vacate the bench, and giving his rea-
sons therefor.
The case IN which the affidavit
was filed is suit of Mayfeld men
against the bank to recover money
/ they claim the bank had on hand last
summer belonging to the odell Co,
of Cincinnati.
A brief history of the case is that
Long and Boswell while operating in
stocks. lost money. They bought
through Gilbert and Arena. proprie
/ tors of the Paducah Commission Co,
and suit was instituted in Mayfeld
against Gilbert and Arena to recover
the losses. and judgment secured
against the commission company.
Money in the hands of Citizens Saw
ings bank was attached. The Odeli
Co. was doing business with the
bank at this time, and in the attach
ment the money was credited to the
Odell Commission Co, and the bank
paid the money to the Odell Co., al
leging no Odell Commission Co ex-
listed. Separate suits were then
brought in circuit court here to re-
cover the amounts paid over which
amount to about s1,453 in the Bos-
well case, and s1,376 in the Long
case.
All preliminary motions pertaining
| to the suits were heard by Judge
Reed without protest until the time
to try the case proper came, when
Judge Park, attorney for the plain
| tiffs. came into court and filed the
affldavits. as follows:
&C, W. Boswell against the Citi-
zens' Savings bank, and z. T. Long
against the Citizens Savings bank.
The plaintiffs, c. w. Boswell and Y
T, Long say that on account of the
former relations of the regular pre-
siding Judge of this court. Hon. w.
NJ. Reed, as attorney for the Padu-
cab Commission Co, and others,
firm composed of II. ]. Arena and
George b. Gilbert in the original ac-
ton in which the funds alleged were
attached, and on account OF the per-
sonal relation between himself and
those who are interested in the de-
PENDANT, the Citizens Savings bank,
as officers and stockholders in such
bank. and his Partially for them, Il
is not possible for them to get fair
and impartial trial of these actions
before him.
They therefore move that the reg
ular Judge yacate the bench and al
low a special Judge to preside there
in. (signed)
C. w, BOSWELL,
TT. LONG"
Judge Reed drew up lengthy
opinion overriding the motion and
giving his reasons for so doing. He
stated, that the afiidavit filed by
plaintiff in said action is insufficient
in law as to require the Judge of the
court to retire from the bench" He
further explained that the allegations
relative to his relations with the de-
PENDANT, the bank people, were a
"mere conclusion OF the affiants,
without the statement of any fact
from which such conclusions could
be reached,
The court further stated in his
opinion that he was not indebted TO
any of the stockholders in the bank
or the stockholders to him, did not
own stock In the bank. and as to his
acting as attorney for the commits
sion company, he was only nominally
so because at the time he was In part
nership with Judge Il. w. Berry, who
handled the business OF the commits
sion company, and that he himself