The San Francisco call., 1907-01-19
MELVIN WILL HAVE
NONE Of WISE
Judge Stops Case When He
Learns San Francisco Law
yer Is Interested Party
CAN'T FORGET INSULT

OAKLAND. Jan. 1S.-Ju Judge Henry A
Melvin startled the attorneys and liti-
giants in his courtroom by suddenly
stopping the argument on the demurrer
IN the case Of Atwell against Shafer
and others today when he learned that
Otto Wise. a San Francisco lawyer.
was interested in ethe case as a CO.
defendant. His Honor proceeded to
making some very Caustic remarks
about Attorney Wise, who was not
present. however.
At the first mention OF Wise's name
in the argument Judge Melvin inquired
IL Wise was involved in the case. The
answer was that he was one Of the
defendants
Case is continued one week" Judge
Melvin fairly shouted. I cannot with
proper respect TO myself sit in a case
in which Mr.. Wise is either a litigant
or an attorney. Some other judge will
have 10 be found to hear this de-
murrer."
Judge Melvin made no explanation
from the bench as 10 the reason Of his
animosity toward Attorney Wise, but
later in explanation OF his remarks on
the bench. said:
Several years ago Wise represented the Helena
baseball team in an Injunction suit brought
think over Bill Devereaux the baseball player,
against the Oakland baseball team. State Sen
lanoers. In the course Of argument. Wise,
after making very elaborate disclaimers about
ms m y s tbsg ts tbe 1 esse bsd
been conducted threw credit upon anybody
connected with II, or words in effect that there
was something discreditable in the matter.
INSULT DELIBERATE
] called wise's attention at once 10 the re-
marks, as / considered them at the time, coupled
with his manner. insulting IN the extreme
By an ingenious method be had. in my Judg-
swcs- eoA ~ IN Enu
record straight so that II would appear as
though only the attorneys were alluded 10.
-, eeslueu ne Pi Polinl ~ ~ a. ss,-.t IN
in Wise's favor But ] afterward withdrew and
had Judge Wells Of Contra Costa County hear
the main case ] have always considered that
Wise deliberately offered insult IL was
the first and only time in my career that even
insinuation OF wrongdoing had been made
against me. and I resented il and shall ever
resent II. for II was entirely too well studied TO
be anything but q carefully aimed personal IN
For that reason ! have ever since refused 10
hear any matter in which Wise was interested.
Several times since the occurrence e1orts have
been made 10 settle the matter. Wise sent
Judge Ssmuels 10 me. Wise once attempted 10
arrange a personal interview with me. But 1
sent word 10 him that II be ever spoke 70 me
should be tempted 10 forget the disparity in our
sizes and also the fact Of my judicial position
The case Of AtwelI against Shs fer is a suit 10
foreclose . lien. Attorney Wise is interested as
defendant IN the capacity Of trustee for F.
Lehman. a bankrupt
Attorney Wise made the following
statement last night in reference to
the action Of Judge Melvin:
had not heard of this particular remark OF
Judge Melvin. but ] have heard that in other
cases be had made similar remarks. ! have not
appeared before Judge Melvin for some years.
and whenever. within that time. I have had
cases which would naturally come before him
they have been transferred 70 some other de
Darrment
Some three or four years ago some baseball
litigation was before Judge Melvin. in the course
Of which he granted Injunction against the
employees OF a new baseball league. which was
being formed ] was efterward employed by the
new league and ! asked for injunction in the
case and this refused by Judge Melvin.
In the course OF my argument took occasion
TO say that I understood that certain people
high IN the political councils Of Oakland were
employed on the other side. That some three
years ago. ] have known that Judge Melvin
regarded this statement as having some personal
reference. Judge Ssmuels stated 10 Judge Mel
yin afterward that no personal reference was
made 70 Judge Melvin. and that none was in
tended. but since that time ! have not appeared
ia his court