Waterbury evening Democrat., 1906-06-27
THE LAW SCANDAL
AtoneyS Durant and Burpee Contradict
 Each Other at New Haven

The political significance of tho trouble between Colonel Burpee and Attorney H. R. Durant was touched upon at the hearing of the charges against the latter before Judge Shum- way in the superior court in New Haven yesterday. When Colonel Burpee was appointed judge of the city court and he appointed MT Dur ant prosecuting attorney, 1t was gen orally said that the first appointment came about through the work and influence of MT Durant Tn the legis- lature, but to the surprise of some of those in the court yesterday and who thought they knew a thing or two in politics, Colonel Burpee said that for the eight years preceding 1903 Mir Durant was bis political protege.
 Colonel Burpee. who was on the stand the greater part of the after noon, stated that week before Eco ruary l. 1904, he had requested MT Durant to resign from the city court, but that MT Durant did not resign. He merely moved his things from tho once and went off to IIot Springs, Ark. Attorney Judson tried to show that MT Durant sent his resignation from Hot Springs and at the same time asked for what salary was due him, but Colonel Burpee did not re- member his doing so. Colonel Bur- pee denied threatening MT Durant with disbarment unless he withdrew his opposition to the candidacy of Henry H. Peck for the senate in 1904. He had him come to his offfce and there he told how the political situation was and that Mir Peck was the better mar of the two for the senate. He had only heard then that MT Durant was opposed to MT Peck. A week later he had Mir then he told him about the Lathrop matter and he was going to bring disbarment proceedings unless he could disprove certain things he had discovered in the Lathrop case. MT Durant told him to go ahead and break him up and prosecute him. At torney Judson tried to show that Colonel Burpee held over the disbar- ment proceedings until after the leg islature of 1905, but the witness stated that he began them in July, 1905. It Is true, however, that he did not press the case until after the Lathrop suit was started, and by that time the legislature of 1905 had ad- journed.
 Attorney Judson couli not under stand why Colonel Burpee held the matter over from December, 1903 un- til the summer of 1905. If, as he had testified. his Idea in bringing the suit was for the preservation of the purity of the bar. The witness stated that the delay was not occa- stoned by hm. He was asked if he had not something to do with chang ing the personnel of the grievance committee, and he said that he had nothing to do with that; Judge Ben net and Attorney Stoddard told him they were going to resign because they could not do the work. He then asked Judge Case when he was going to appoint new committee. He de- nied all responsibility for Attorney E. F. Coles removal from the coni- mittee because of his friendship for MT Durant.
 As to the fight in the legislature to be reappointed judge of the city court and his reason for holding over this case till 1905. he said his reason was to prevent clash of this case with the Lathrop case. MT Durant's opposition in the legislature to his reappointment as city court judge had nothing to do with this case. He had nothing to do with Attorney Church's appointment on the griev. ance committee. but he did say to Judge Case before the new commit tee was chosen that 1t would be ver;' unfair to Attorney Cole. who was then on it, to have to try a case against his friend. Mir Durant.
 States Attorney Williams lost his temper while trying to introduce d letter Mir Lathrop wrote Colonel Burpee. He openly charged MT Dur ant with the accusation Tn the com plaint. and Attorney Judson said Mir Williams deserved severe repri- mand from the court for making such a declaration. The letter was ruled out.
 Attorney Judson could not recou- cile the witness's statement that he told Mir Durant he had 2 serious case against him and unless he would dis prove 1t he would press 1t. Why should Colonel Burpee build up :. case and then advise the accused to break 1t down? Such 8 course was contrary to all proceedings he ever heard Of. However, when the mat ter was unfolded to Mir Durant. Dur ant told the witness that he was try ing to break him up. that he had got 1t in for him, but nevertheless ne' Durant, would take care.cf himself.
 Sheriff Gillette was to shadow De- tectiye Murphy in New York. to keep him safe from the influence or MT Durant and his friends. but Gillette rot sick and Colonel Burpee got an- other man for the job.
 Attorney Judson tried to show that 1t was through a political dicker Mir Durant lost his position Tn the city court. He was to resign from that court and be appointed prose. cutor in the district court. He dii resign the city court place. but he failed to land the other one, accord- ing to Attorney Judson's views This evidence. however. was ruled out. al. though Attorney Durant declared he wanted ft fin to show ho'r he lost ms position. Witness could not recall