Evening journal., 1905-05-08

Chancellor John r. Nicholson handed
down decision in the Court of Chancery
this morning disbarring James II. Hof-
fecker. Jr a prominent member Oh tne
bar. of this city. from practicing in that
court Mr.. Hoffecker was not present IN
court but was represented by his counsel
4 Ex-Urited States Senator Anthony Hig-
gins Imms diately after the decision was
read Mr. Higgins asked for an appeal
to the State Supreme Court which was
allowed. j. Frank Ball and j. Harvey
W-hiteman. of counsel for the rule were
present
The rule for Mr. HoneclSer to show
cause why he should not be disbarred
A frcm the Court of Chancery was issued
by the chancellor on December Goth last.
4 It was made on the strength of report
submitted by Alexander b. Cooper who
was appointed as master to examine and
pass upon the transactions and dealings
Of Mir. Homecker as trustee of the estate
OF the late Joseph Teas. The report was
4 approved and confirmed
FUNDS NOT PAID BACK.
The chancellor at the same time also
issued a decree directing the trustee TO
. pay ndCk 10 lllt HNllN nA 1Nr' NAA Ahttfa
about $4,000 within sixty days and to dis
pose Of investments he held as trustee.
The Investments were disposed of and
brought less than 500. The money was
evidently not pad back as directed by the
chancellor as several weeks ago suits
were entered IN the Superior Court against
Mr. Homecker and his bondanen.
The hearing of tho rule 10 show cause
why Mr.. Hoffeckcr should not be dis
barred was continued several times prin-
Il ,opally because his counsel AIr Higgins
was engaged in o7her cases. The court
appointed Mr. Ball. Mr.. Whteman and
William S. Hilles as counsel to prosecute
the rule.
The hearing in the case finally started
on March "a and TASTED several days
There were a large number of witnesses
examined In his closing argument Mr.
Higgins made an able address which oc
cupied hve or six hours.
ONE SURVIVING BoNDsMAN.
Wien Mr.. Honecker was appointed
trustee his bondsmen were his father
James II. Homeclrer, now deceased an6
r. Lewis Armstrong, a farmer near the
Ferris Industrial School. The amount o.
the bond is about slOOOoO. The Teas heiri
are Miss Elizabeth J. Bramble and T. 7
and Sadie J.. Stotsenburg.
when the Court of Chancery was opened
this morning the chancellor after in
auylng II both sides was represented, pro
ceded to read his decision.
The state Supreme Court, to which al
81 appeal will be taken meets in June.
Mr.. Hofecker this afternoon made tn
MIR. HIGGINS STATEMENT.
Senator Higgins said this after
noon:
1 think the Chancellor in his decision
is not sustained by the facts i'm tn
n case or the law and it is my expecta
tions. to reverse the decision befor
the Supreme Court. II is neither al
legged against Mr.. Hoffecker in tn
case nor in any way stated by tn
counsel for the rule. or by the Chan
ce1lor in his decision. that there wa
either fraud or dishonesty in his con
duct. The facts alleged against hin
only constitute a mistake of judgmen
and I have been unable after n care
full search to find a case where law
yer has been disbarred for any othe
cause but crime or fraud, or misbeha
vior in the conduct of case, such a
threatenenng to chastise judge o
the like.
Il think Mr.. Hoffecker is entitled {
a susper sion of public judgment unit
his case has been ultimately deter
mined. He has lead a clean and hon
orable life before this community an
is entitled 20 its confidence until tn
contrary is shown