The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-10
Lawyers Call Each Other Names
in Supreme Court.
Senator F. DumOnt Smith Makes
Charges.
MIR. FINLEY REPLIES.
Says It Was Case Of Counsel
Throwing Dust.
After the Fierce Talk Lawyers
Leave Room Together.
"Trlckster'
sharp practice "


sharp practice
"Underhand methods
Such comments as these were handed
back and forth in the supreme court
room Friday afternoon in the very first
appearance which Senator Fred Du-
mont Smith made after his "aoqaittaT'
on the bribery charge in the federal
court at noon
It was q fuss between lawyers. SEN
ator Smith accused opposing counsel.
Finley & Madison Of Dodge City. OF
trying to take snap judgment on him
by means Of a trick.
Mr.. Finley accused Mr.. Smith OF re
sorting to a trick to correct a Legal
/ blunder which he had made
/ The tie of the suit in which all the
controversy occurred is George J. Chris
tisen VS.. Edwin Bartlett 1t IS an eject
ment suit. and as is well known, an oia
fiction Of law, repealed only at the last
session of the legislat ure, requires TWO
j trials Of an ejectment suit
! When the case came UP Tor tE1els
! Finley & Madison claim tnaN tney
were DESTROYS of having a full hearing
! Of the case. instead of the mere for
NAL confession Judgment usually
resorted to in the first trial OF eject
1 ment suits. They wanted 10 get
| next to the defendants case. SEN
4 parently did not want to give away MS
4 case. and lIS-elaiTns that he agreed to
/ confess judgment with the unoeF-
standing that the judgment snou1o os
set aside and a second trial held
/ Finley & Madison say they did not
consent to this. Nevertheless, Smith
went ahead and confessed judgment.
Finley and Madison drew up journal
| entry of Judgment, which Smith says
he signed without looking at 1t. This
journal entry Of judgment, Smith
claims was cooked up" for the pur-
pose of shutting OF the second trial in
ejectment. Smith, when he dlscoF-
cred the situation he was IN Went 10
the court and asked to have the jour
nal entry modified. and the court
without notifying Finley and Madison
modified 1t, as Smith claims, Ito show
under what circumstances the 5udg-
| ment was rendered and set aside
From the judgment of the lower
court in vacating the Judgment Finley
and Madison appealed.
| 1.-The supreme court, said senator
Smith in addressing the court yester-
day, has always condemned sharp
| practice on the part Of the bar, and L
| believe that 1t will continue to do so.
It would start a very bad precedent il
the court should countenance such
trickery as has been practiced in this
| case. The bench must preserve the
| good character Of the bar for the
/ bench can never be very much above
IF such practice is allowed to con
tinue the lawyers will treat the court
as an adversary; each lawyer viii treat
the other as an adversary: that will be
| war and war is hell. There Is no ad-
| vantage in keeping a gun and sword in
| your hand all the time, and assuming
! that your adversary IS a thief and a
seoundrei- I am not in favor OF that
sort of practice. And / am not accus-
toned to practice law that way.
IT signed this journal entry because
I believe that 1t was honestly drawn. II
the court takes the position that such
actions are proper, it viii be necessary
for lawyers to examine every Journal
entry with a microscope. This court
should send this case back for a trial
on its merits. This is merely an at
tempt to secure a judgment by trick
without a fair trial
!, In reply to Smiths charges Of trick
cry Mr.. Finley made the following re-
Counsel for the defendant in error,
realizing the weakness of their case.
have been obliged to reply on throwing
dust, and making a wholesale lot Of
charges against U.s. It is very evident
no doubt to the court that this Is the
object Of Senator Smith. An p matter
Of fact we are the ones who are vic
tins Of trickery- There is a great deal
which is not shown by the records. We
know that Senator Smith confessed
judgment on behalf of his client, and
signed journal entry stating the facts
in the case. Then he went and had this
journal entry altered by the court
without notice to US. We are the ones
who were made the victims Of a trick -
In spite Of all the fierce talk which
the opposing lawyers INDUCED in before
the supreme court. they seemed to get
along first rate as soon as the trial was
over. Smith-who is the official pass
dispenser for the Santa Fe in southern
Kansas-even went so far as to get a
pass for Finley to come to Topeka to