The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1908-07-21
FOR DISBARMENT
OF JUDGE dunno
Petition Filled in The Supreme Court
of California by San
Jose Attorney.
ALLEGED MENACE TO LIBERTY
The Petition Pillories Jurist For His
Criticism of The APP
pellate Court.

SAN FRANCISCO, July 1O.-FtYe
minutes before the Supreme Court
adjourned yesterday voluminous pc
tition praying for the disbarment of
Frank H. Dunno, Judge of the Superior
Court, was placed on record The pc
tition is drawn by Attorney e. IL.
Cothran of San Jose. acting for Attor-
ney Charles J. Pence, a lawyer with
offices in the Monadnock building, who,
as accuser, charges Judge Dunno with
disrespectful criticism of the Justices
of the Appellate Court.
The petition covers thirty-seven type
written pages. Last night neither At
torney Pence. nor Attorney Cothran
would enter into any discussion of the
motives which prompted its presenta-
ton
dunno HEARS OF PETITION.
When Judge Dunno was informed
of the filing of the petition he said.
This is the first intimation | have
had that any petition was filed or con-
templated. Not having had time to
study the petition, l feel it would not
be proper for me to discuss it at this
time. When the proper time comes I
may have something to say"
E. E. Cothran, the attorney of San
Jose, in an interview at the Fairmont
Hotel said:
1.-THE complaint speaks for itself.
The most important clause in the COM
plant recites the fact that Judge Dunno
on the bench has discussed on several
occasions the cases pending. This is
not matter of gossip or hearsay, but
public record At this time l do not
care to discuss the case. The Supreme
Court has the right to either cite Judge
Dunno to appear before it or dismiss
the case
Judge Dunno | do not know person.
ally, nor would | know him if l met
him on the street. Attorney Pence re-
ported to me certain facts which l de-
cided had better be decided by the Su-
preme Court. That body has the case
before it, and it would be unprofes-
sional and indicate for me to dis
cuss it at this time"
DUMMIES STATEMENTS QUOTED.
Points and Authorities of the Ac-
cuser" is the heading under which At
torney Cothran leads off on behalf OF
his client, Attorney Pence; and at the
outset Judge Dunno is pilloried for the
! interviews he gave out on the District
Appellate Courts decision freeing
Schmitz on the ground that the indict-
ment in the extortion cases did not
! constitute a public offense.
Particular emphasis is laid on Judge
DUNES criticisms on the District APP.
pellates Court. while the case it haC
just decided was still matter for It'll
cation and still sub judice' in the
sense that it yet had to come before
the State Supreme Court
The petition describes Judge DUNES
interviews as animated by motives o
malice or interest in rendering a de
cision; also as mot in a proper frame
of mind" to decide the matter impair
TALLY and because of having relatives
indicted by the Grand Jury.
In his position of accuser of Judg
Dunno, Pence declares in his petition
that interviews were given out b.
Dunno for the purpose and intent o
subiecting the District Court of APP
peals to public hatred, odium, contume
ty and contempt; also to intimidat
and improperly influence the judges O
the District Court of Appeals. Furthe
that Dunno falsely impugned tn
honor, dignity and integrity of tn
judges of the District Court of Ap
peals.