The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-02-25
.LAYMANP|'lE:A.D|||.S|:i.
A|!SI.0 4. \
MOVE TO DlsB 4 COUNSEL D ! ~.
Sensational Proceed il11.# Cr rii11,lii:-5
\. nal Case Growing Out@of834
Gigantic Land Suit 5is

II a IN
The unusual spectacle Of III laytrnr,l de-
@fendant iii crltl!nal prosecutl y /.
\ Ing his o#f, case before the United States
Circuit Court Of Appeals was W messed g y
Il In that court In this city ycslorday The NE
mar who presented his own csltlsc 81, q IN
appeal for a reversal Of the Judgment Q y
the Tinted States District Court for the
\ Southern District OF west Virginia was
Nv. AZ. vIldcr, d man OF fine appearance,
ana 81 Intelligence and wifi, considerable
4 gifts OF oratory. He had beef convicted \, d3e
under nm Indictment charging him with
Il Conspiracy to commit an Offense "a ga INST
the United States; It'll, attemptIng to 70
impede ana ohstruct The administrator
&ofl justice With making corrupt state;
fnents g In writing, etc, and had he
4 boon fined two tho usnnd Edo liars. s q writ
Of error had been inWardcd J, and the ca use
scamo before the appellate court for re- |-5
view. ss s3S
Impassio ned Appeal. 55i55s
HlldcrSwa represented BY Maynard i |.
6tlles. an ex-j dge, to d lsbnrj HON an q
effort had been Instituted by Attorney.
Mnleoim ack son, ot counsel for he gov,
4 eminent, In the prosecution Of the case
SIin e2court below, and for the defendant
lain error Il, 3s the d pcl lnte Il court, Both
Stiles ana Wilder stlbmIt ted long prin ted
Y briefs, and Mr. ilder himself made an
3jmpassioned appeal to y the court, spca *
ling from the tandpoin Il OF q layman# ~.
d hIs own defense. lis nd drcss was listened
Sto$ with great interest by Ia wycrs and
491aynen alike. and Il the 4 court eyinccd de-
Y cded interest, having frequently TO warn
the plaintiff In error. however, III that he
must confine himself to the record.
The original H case OUT of which the
/ criminal proceedings against IN der and
Il q man named Daniel Justus grew was,
the action In cjectments OF Henry C.. King
vs.. Henry c.. Stuart, orr he King land
\ suit, as 1t Is known The original care tin-
IL v0lvcd he title tn az portion OF the NJ or
iris tract OF 10000 acres a grant lying
in West Virginia and yIlginia. which has
been IN litigation In the State and Fed \!
q eral courts OF the two NJ 81 ates for ten
years OF more. The Establishment OF a
\ boundary line In he case was ID crucial
point and It was alleged that Wilder and
Jus.us conspired to- obli terates such b,iond-
aries by the dcstruct ION Of certain marked
/ trees, 81 In closing his j rnpa ssloned appeal
( TO The court. The layr1an approached the
very, bench, and witt, 8outstretched hands,
pleaded. as IL he sud s. upon u his \ Blended
x knees, for the appellate court to undo
that his defense had cost him abroad "
5F five Thousand dollars. and had practically
4 taken all he had 3ln$thc world. Va In closing
Il he asked the Judges no ito send him back
20 that man. Meaning the Jnd &c OF the
Southern District 8cour q q West Virginia.;
An OF ending Brief.
RI II. Stiles, plaintiff in errors council,
h In his brief charged that his client is a!
victim OF a onspiracy,8 In which 4 he very
machinery OF the court had been utilized
\ TO perpet rate nS wrong. t Is speci ftcally
Z charged that Mr. ialcolm Jackson. who
& represented the government In The pros
4 ecution OF Wilder and Justus, had been
employed By 4 the parties conducting the!
contest against King In atcEvs. King ct
ais. as a. substitute forathc district II
torncy. IN his brief counsel for Wilder
X speaks OF the "unlawfuI manncrsin which
and means by which the Indictment had
n been procured and the machinery Of the
= government Rprostituted to the gratiflca-s
II ton of personal malice and private inter
4 ests. - This 8 Is & but a specimen of the
y graye charges against 4 Inc prosecutors in
& this case. and out OF which Special a II
u torne VI Jackson, rep presenting the govern
IL rnent In the case, has nj we'd the court to
issue a rule recurring Attorney Stiles TO.
Y show cause why he should not be dis;
barred from pra ctice In the court. The
4 court will take no action on this motto
until after the determination OF the ac-i
Z ton in which Mr.. Stiles Is attorney The
typewriter motion for he issuance Of
81 the rulo to show ca use is a document
4 charging grave u unprofessional& conduct
u against the attorney. 81 ss X ii n
The entire case Is a complex one, with
many issues involved collateral ly, and Is
the outgrowth OF ia strenuous legal ]strug-5
\ glo fori title to one b of 4 heS large land
& grants Of property lying In the Vlrgl Has
q and yentucky.3 II IS \. 81