The San Francisco call., 1908-07-10
HIGHFRUPS hit
AT JUDGE DUNNE
WITH NEW CLUB
Disbarment Petition Is Filed to
Give Gutter Press Choice
MOrSeI
Ach and Murphy Hover Near
When Colorado Lawyer
Puts in His Plea
Don't Hurt Me in the Paper"
Beseeches Man Who Denies
He Is Catspaw

The clamor Of the gutter weeklies
and the subsidized daily press for the
disbarment of Superior Judge Frank
H. Dunno were answered yesterday
when Charles ]. Pence, lately of Colo
rado, petitioned the supreme court to
that end.
Pence is lawyer Of no great prom
inence. The most important litigation
in which he ever figured here was that
waged by Mrs. Nettie Craven against
the Fair estate. He and his brother,
Lafe, made a late entry into this case
on the side OF Mrs. Craven, all of whose
claims were ultimately shown to be
either fraudulent or groundIess. Sup
porting Pence is still another lawyer.
L. L. COthran of san Jose.
It is denied by Pence that he was
hired or induced by the higher ups"
OF the graft cases TO harass Judge
Dunno by means Of this proceeding.
lie declares upon the justly celebrated
honor OF the Fences that he is ami
mated only by the purest motives, urg-
ing him TO perform a public duty, and
that he represents nobody but himself.
catspaw Of the indicted bribe givers
who hate and fear Judge Dunno the
fact is TO be considered that his San
Jose counsel, Cothran, was in consul
tation yesterday with Henry Ach and
Frank J. Murphy of Abe Ruefs legal
staf.
ACH SEEMS EXCITED
While Cothran was waiting about the
clerks office Of the supreme court be-
fore Ming his petition yesterday after
noon he was in close communication
with Ach and Murphy, who fitted about
the chambers and clerks Office eX-
citedly. They were in and out and
everywhere, yet Pence, the father Of
the disbarment action. asserts that he
does not know either Of them and that
they have nothing to do with the case.
Pence, according to himself, fur
nished all the inspiration for the at
tack on Judge Dunno. He declares
that he is entirely alone in the case
and says in his petition that the ac-
cuser disclaims all personal interest in
what may casually seem a regrettably
severe procedure, but he makes no
apology for this attempt to perform
an obligation of transcendent impor-
tance TO society; to secure for life. lib
erty and property" The petition is
unique for it's Yerbosity, and, after cit
ing a few authorities, trails through
innUmerable pages OF grandiloouent
dissertation on the subject Of morals Of
the bench and bar
Pence has undertaken to right the
wrongs the appellate court suffered
as he claims, at the hands Of Judge
Dunno. He quotes the various criti-
cisms publicly made by the latter con-
corning the action Of the court of ap-
peal IN reversing the Schmitz convic-
taon, charges that they were malicious
ly false, that they were intended to de-
stroy public confidence in the purity Of
The appellate court and to heap obloouv
upon its mf,nbers, and that in making
such statements Judge Dunno violated
his oath as ap attorney. On this pre-
mise the petitioner asks that Judge
DUNES name be stricken from the roll
Of attorneys and counselors Of the state.
BASED UPON CRITICISM
Judge Dunno has always been free
in his criticism of the Schmitz case re-
versal by the court Of appeal, and his
published statements concerning this
and the general policy of that court
toward the graft cases are made the
basis Of Pence's disbarment action.
Pence goes further stretching other
quotations from Judge Dunno into
shape to meet his charges, and bv
placing his own construction on the
4dNLEL FOIQh AlldkES NleIn appear as
lmputatiOn Of corruption In the supreme
court itself.
The question presented here by the
accuser is free from all compiexity," re-
cites the petition TT is this: Has a
member Of the bar, who is also a Judge
Of the superior court of this state. the
legal right, publicly or privately, false
ly to impute corruption in Office to
members Of the district court Of appeal
or the supreme court or members of
any inferior tribunal?"
In his petition Pence invites Judge
Dunno TO defend himself against the
charge which he brings, and admits
that the truth Of the statements made
by the latter would De Asgood defense
He puts IL in several ways. some OF
them unique.
If for any reason unknown TO this
accuser and unobtainable by him the
respondent has any defense TO this pe-
tiop. he viii doubtless welcome the op-
portunity TO make It," suggests the Pc
tition. Not as idle platitudes for the
yearner for chloride OF limelight but
with a profound conviction Of the ne
cessity for this procedure. counsel sub
mits, with great respect, the points and
authorities hereinafter contained.
Unconsci9usly, perhaps. the petitioner