Omaha daily bee., 1909-02-01
Judge Scar. rake. tn. Floor.

HNaNA AaAGs NJ AVNEs
OMAHA, Jan SOTO the Editor Of The
Bee; ! have read articles and interviews
Of Mr.. W. J. ConneIl In the press Of the
city relating to the Wetmore case. l have
thought that b. reason Of the attacks
there made upon the courts and upon men
Of integrity appearing as witnesses in that
case. and whose mouths are closed. that
l should add a word in the interest Of
good citizenship.
Not since l have been upon the bench
has a stronger case been made before me
than was made by the state in that case.
Indeed, I cannot conceive OF a stronger
case being made than was established on
that trial. l have not the least doubt but
that everyone connected with the trial, in
whatever capacity, believed every word
that Mr.. Daniels said. l have not the
least doubt but that the same could be
said of each of the witnesses. Dean
Beecher. Canon Bell. Mr.. Rowden and
Mr.. Johnson, president of tho council. I
cannot conceive of a greater departure
from legal ethics, common decency and
good citizenship. than for a lawyer who
has won a case by the rankest OF petit
Jogging to assail the best OF citizens after
the case is won. MIR. Connell knows that
each Of the above witnesses are above an
untruth. That what he takes advantage
of to assail Dean Beecher and Canon Bell
as violations Of the confessional is abso-
lutely without foundation. There was
nothing in the case anywhere on which
to base such an argument An attorney
during argument is almost untrammeled.
There was nothing on argument on which
to base such a claim. What little excuse,
then, for a member of the bar, after the
case has closed, to abuse honorable men
of a sacred calling? The result of such
conduct Of such attorneys. If unrebuked.
would be the undoing of a judicial system
upon which all order and government de-
ponds.
In opening his case Mr.. Connell violated
the rules of practice by making an argu-
ment instead OF stating his case. 1 was
compelled to stop him. During the trial
he was continually putting meaning into
the mouths of witnesses where no such
meaning was intended. Such. for instance,
as where he claims that Mr.. Daniels adj
mitted desiring to trap" one supposed to
be behind Wetmore. The word was Mr..
Connell's. The application OF Mr.. Daniels
AS a whole statement-was that when he
was offered money for a purpose, as COM
ing from another than the one rendering
It, that he wanted the other to personally
tender 1t, so that the one behind-if there
was such other-could he brought to justice.
Mr.. Connell used badgering and pettifog-
ging tactics toward Canon Bell. On a
statement from the witness that he did
not know the technical meaning of sub.
poena" and whether or not a notice from
the county attorney was such, technically
a point on which the average layman would
not have an answer-he boldly declared.
and declares, that Canon Bell had COM
mitted perjury. The statement requires no
omment from me. 1t was in line with
his conduct of the case. To the body of the
citizenship, 1 might say, that in my
opinion, and Is 1 believe it to be. the
opinion of the bench and bar of the dis
trict, no considerations of legal ethics. nor
OF religious consideration, weigh with him
in his conduct of cases. He seems to lose
sight of everything but the desire to win
his case.
In the present instance l have in mind
a young lawyer OF absolute cieanness. of
Perfect integrity; of two ministers OF the
gospel, of absolute cleanness. and OF per-
feet integrity, whose lives are devoted to
doing good, branded as unfaithful SER
wants Of their church, and as unfaithful
citizens-and for vicious purposes alone.
At a noted trial, several years ago, one
was being tried for kidnapping in the same
court where Wetmor was tried. In that
case a letter was received in evidence that
was written by the one on trial to a priest
Of his denomination No one even thought
that the confessional had been violated.
All knew that the minister should be COM
mended for producing the item of evil
dence that practically admitted guilt.
II was remiss in duty as I look back
over the case, it was in not removing Mr..
Cornell entirely from the case when ]
felt called upon to displace him in the
examination of a witness.
W. G. SEARS.