The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1906-12-05
JUDGE HUNT FLAYS
LAWYER CALVIN

"Mr. Calvin, you have been guilty of
the fouIest conduct as an attorney that
has ever been brought to my notice.
You have deliberately encouraged
either one or the other of your clients,
John Burns or his wife, to suborn per-
jury; You have perjured yourself and
have instigated a collusive suit. 1t is
Impossible to exaggerate the enormity
of this offense, and I shall go before
the District Attorney at once and ask
that you and the other parties to this
fraud be prosecuted for perjury"
With these words Judge Hunt yester-
day f1ayed E. NJ. Calvin, an attorney
against whom charges of perjury, COL
fusion and fraud were made in court
by Attorney J. ]. Barrett. This miscon-
duct terminated yesterday in an at
tempt to enjoin the court from proceed
ing with the hearing of a case in I'M
lawful detainer brought TO GUST John
Burns. Galvin's client, from the pos
| session of a house on Mission street
near Thirtieth
Burns is one of the thirty or more
heirs of Mrs Bridget McDermott, who
died intestate in San Mateo County in
1902, leaving property worth 100000.
Six months after her death Burns, who
was formerly a deputy under Sheriff
McDade and whose wife was niece
of the deceased, produced a purported
will conveying Mrs. McDermott's entire
estate to Mrs. Burns. This document
was declared by the courts to be a
forgery. Later Burns brought suit to
secure title to Mission-street property
in the estate, basing his contention on
two deeds. one of which jury de-
clared a forgery. In this suit Calvin
appeared as his attorney, while Bar
rett represented James Mcclure, the
administrator.
On ny iofn ~
the houses on the Mission street prop
erty Suit was recently brought to
Gust him from possession. and in
swearing to an answer for his client,
| Calvin admitted possession, but alleged
ownership. The case was set for trial
! yesterday before Judge Hunt. Last
Saturday Burns and Calvin commenced
suit against Mrs. Burns, alleging that
she was in possession of the property
and had conspired with Mcguire to de-
fraud them. The same day this suit
was filed Burns and his wife and
Calvin appeared before Judge Hebbard.
to whom it was assigned, and made the
unusual request that T. F. Bachelor.
an Oakland attorney, be appointed as
Judge pro tempore, under provision
of the code, to try the case. An agree
ment was produced and Judge Heb
bard made the appointment, Bachelor
at once taking the oath giving him
all the powers in this particular case
of duly qualified Judge of the SUI
perior Court.
Yesterday morning Burns filed an
affidavit charging his wife with con-
spiracy with Mcclure, and Bachelor
issued an order restraining Mcguire,
his attorneys, and the other heirs from
interfering with Burns possession of
the property. A copy of this was
served on Judge Hunt at the COM
mencement of the unlawful detainer
suit, but he ignored 1t and continued
with the suit, which resulted in judg-
ment against Burns.
1t was then that the charges of
forgeries and perjuries were made
against Calvin and Burns.
An appeal was made to Judge Heb
bard, who stated that he would annul
the Bachelor appointment as soon as
the case is presented to him in writing.