The San Francisco call., 1908-07-10

PAYS TRIBUTE TO JUDGE
The respondent, Hon. Frank H.
Dunno being a lawyer of good charac-
ter and a judge in whose integrity
much popular confidence was reposed
during trying period of general eX-
citement and passion, occupied a posi-
| tion in which it was incumbent upon
him, beyond most men in the state, to
uphold the dignity and honor of the
courts-his own included-where the
stern issues of the law could alone
be finally determined. AS a judge in
vested with vast power in the cases
mentioned (and necessarily as a law
yer, tooO respondents every word, both
on and off the bench, was eagerly heard
| and examined by practically the civil
lied world. The very excellence of the
personal and judicial reputation long
enjoyed by respondent, Hon. Frank H.
Dunno gave much weight to the words
| and rulings pronounced by him while
the celebrated cause was pending in his
court and in the higher courts of ap-
peal.
THE duty which respondent, Hon
Frank H. Dunno, had sworn to perform,
TO maintain the respect due to courts
of justice and judicial officers he sig
nally failed to fulfill when he charged
the members of the first district court
OF appeal with virtual corruption in of
flee in connection with the opinion filed
by them in the case mentioned. On the
contrary, the Hon. Frank H. Dunno vio-
lated his oath as an attorney and coun-
selor and soiled the ermine of his own
court, and, figuratively speaking, set
an internal machine under the founda-
tions of the temple of justice when he
published the language of which he is
accused in the petition.
TRUTH ONLY JUSTIFICATION
That the language used and pub
lished by the respondent was the truth
and the truth alone might only have
justified his conduct. And to this JUS
tiication, If such there can be, the re-
spondent is by this petition invited
The language used by respondent,
Hon. Frank H. Dunno if true.
loudly demands the impeachment of
the members of the first district court
of appeal; on the other hand. if these
Justices are among the purest men in
California, as counsel firmly believes
them to be, then he who, from his ex-
allied station of power on the superior
bench, has sought to dishonor them,
should himself be publicly dishonored."
AT his home last night Pence re-
iterated his denials that the disbarment
proceedings had been conceived in the
minds of the attorneys for any of the
graft defendants, and was vociferous in
his claim that only motives of public
good actuated his interest in attempt
ing to rule Judge Dunno from the
bench.
mo, sir" he exclaimed, this step has
been taken by me at my own volition,
and for no other purpose than that of
purifying the courts of our broad land.
considered it my duty, not alone as a
citizen of the state of California, but
also as member of the bar, to take the
steps 1 have taken. I would say more
on the matter-much more-but the sit
uation is such a serious one that pre-
mature discussion, and particularly
through the public press, would be apt
to belittle it.
Il have been a member Of the San
Francisco bar for 10 years and 1 have
been admitted to practice before the
supreme court of the United States.
SAYS HE CARES NOT
"T have no personal motive in the
matter. I am actuated solely by my
sense of public duty. 1 know 1 will
be criticised. 1 expect criticism; but
care not"
Pence concluded with a wave of his
hand, but a moment later he dropped
his gentlemen of-the-jury style of con-
versation and developed normal tones
and vocabulary.
Say" he said, you won't hurt me
in the paper, Will you? or course,
don't care if you do but-well, there's
no need to, you know"
So anxious was he about this point
that despite his unflinching sense of
duty as citizen and a member of the
bar with full powers to practice be-
fore the supreme court of the United
States, he followed the interviewer out
of his residence to the front steps and
there made another plea, and continued
pleading, all oblivious of the cold damp
fog settling about his bare head
Judge Dunno, having received as yet
no copy of the petition filed in the su-
preme court, refused last night to dis
cuss it or the men responsible for its
filing. He stated that he would refrain
from any comment concerning the mat
ter until he had read the petition care
fully and looked up the attorneys
whose names are connected with it, as
he knows them, he declares, only
slightly and by reputation.