The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-05-14
4 HIT At PURNE[l
- -
Former Governor Russell Very
DcnunCiatoy
OF THE FEDERAL JUDGE
Says He Will Expose Him From
One End of State to Other

Heated CollOquy Between Judge Pur-
nell and Former Judge Russell Took
Place i'm The Orion Lobby Yesterday
AfteFBOOn-Iatcr the Wilmington
Lawyer aid That PurIeIl Should be
ImDeachcd for Misconduct. Dclin-
quencics and Incapacity-Hc Thinks
the Bar Association Should Not Fail
to Take Action.
There was a sensational occurrence
IN the lobby of the Orion hotel early
yesterday afternoon, when former
Judge n Ex-Governor Daniel l.. Rus
sell. now senior member of the law
firm OF Russell and Goodman in This
city, publicly ~reprimanded Judge Ihos.
r. Purnell, who has been the presiding
Judge at h term of federal cOu.t
which adjourned yesterday afternoon,
fCr his alleged neglect of duty in nav
ing failed to keep an appointment
made by the judge with several law
yers OF Wilmington for a hearins in
g certain admiralty case, in which
Judge Russell was interested, on
Thursday afternoon, it having latec
developed that Judge Purnell had for
gotten the appointment and had gone
to the Beach with a friend, The aw-
yers who had been notified of the hear
ing spent some time in the court room
waiting for the judge and they were
not in any too good a frame o: mind
toward him when they learned that
he had gone off on a pleasure trip.
The incident of the failure of Judge
Purnell to meet the lawyers was pub
lished in the Star of Friday and that
publication gave rise to the rather
heated %collOQuy which took place be
tween these two we'll known reuubli-
cans The conversation took place
while the lobby was filled with guests
and the incident created a great deal
of talk.
The collOquy between the two, ac-
cording to n who heard it, was as
follows:
Russell, Cooking at Purnell-both
standing)-"I hear you said that I
gave that item to the newspaper, the
Star, about your not holding your
court as you were bound to do?
Purnell-"I did not say so. l said
that Iredell Meares gave it to that
paper"
Russell-"Well, it's a sorry business
when a judge should treat lawyers
and litigants in this sort Of way! I
did not give ii The publication, nor
had anything to do with it, nor ever
had an intimation of it until l saw it
in the newspaper"
Purnell-"Well, I did not under
stand that it was settled that | was
to hear the case that afternoon at that
hour"
"Russell-"The devil you didn't!
You told me, sitting there in that chair
that you would call the case at half
past three o'clock that day. | said that
[ would notify counsel on the other
SluCR LIZ NOu Z LIN ~ wv H..
. Purne1l, (walking Off, repliei-
"Well, what are you going to do about
it,"
Russell-FIu show you what I'll do
about it. I will expose you from IL
end of this state to the other, and I
will show that you are unfit for your
place."
BY this time Judge Purnell had got
ten around into the writing room, and
the ceremonies ceased.
Later in the afternoon Judge Rus
sell was seen in his Office, II he was
exceedingly plain-spoken in his re-
marks concerning Judge Purnell,
among other things saying that the
Bar Association of North Carolina
should take some action regarding acts
of that official.
Judge Russell said:
eff there be such a thing possible
under this government as the impeach
ment and conviction of a federal Judge
for official misconduct and delinquent
cies and for incapacity, then Judge
Purnell should be removed from Office
by the impeaching house and the trial
senate. Perhaps you cannot convict
them for anything short of indictable
crimes, but you a expose them and
hold them for trial before the bar of
the state, and the intelligent part of
the public. What is the Bar Associa-
ton for, unless it be to look after the
d~edinquencies, wrongs and misbe-
haviors of lawyers and judges? Now,
what has Purnell done?
"1st. With ignorant audacity. he