The Daily Missoulian., 1909-05-04
AN UNPRECEDENTED
SENSATION
CHAIN OF INCIDENTS FOLLOW.
ING RESIGNATION OF JUDGE
is REMARKABLE.

S3'~f~~-ANSs
| the annals of legal juris- prudence ir
the United States is thee hahn of Incl.
dents following the resignation of Milo
A. Root, as judge of the supreme
court of Washington, and leading tc
the indictment by the grand jury c1
Spokane county of Merritt J. Gordon
formerly chief justice of this state a,,r
! until recently counsel for The Great
Northern Railway company. There
are six indictments against Gordon
| One charges him with issuing a worth.
less check, drawn for s2S,5O7.4 .43, in pay.
ment of the company's taxes ir
stevens county, Wash, and five true
| bills" allege the embezzlement OF
moneys to the amount of $50, A!
from the company in 1908, while its
| attorney. Gordon pleaded "not guilty
when arraigned before Judge Hinkle
and is at liberty under bonds of $780,
900 pending the trials in Jnne.
| The Gordon case has peculiar rani.
fications, extending from Olympia the
state capital, on the west, to st. Paul
the head office of the railway com.
pany, on the east. Gordon ,eft the
company's employ last fall, going ia
Tacoma, and afterwafd tFere were
| rumors he had embezzled $4,000 OF
his employers funds. Judge Roots
name was linked with these rumors
which became so persistent that the
chief justice brought the matter tc
the attention of his colleagues and the
| state bar association. 1t was openly
stated that Gordon had written an
opinion, approved by the chief solicit
tor of the Great Northern Railway
company, which was handed down by
Root as decision in an important
case. The ruling had vital bearing on
personal damage suits against rail-
road and other corporations.
Under Fire.
Judge Root resigned under fire,
pleading "indiscretion Of friendship
but denying he had received a penny
for permitting the railroad opinion to
become part of the supreme court s
records. At hearing before the bar
association a mass of documentary
evidence came to light, showing that
Root had acted for and received num-
erous favors from Gordon, including
transportation over the company's
line. These disclosures were fol-
lowed by the calling of the grand jury
in Spokane county to investigate the
shady deals in which it was alleged
that Gordon figured.
There was more than the usual diff
ficulty in securing the requisite num-
Der of inquisitors. Finally the jury
organized under the formanship of
Benjamin F. Davis.
Fred C. Pugh, prosecuting attorney
or Spokane county, was eager to OBJ
tain complete record of the testt-
mony before the jurors. so he made
formal demand for the attendance
of stenographer. Judge William r.
Huneke denied this request, also de-
claring that no notes should be taken
by an outsider. j. H. Pelletier, court
stenographer, was appointed a deputy
prosecuting attorney and has been
present at each session of the grand
jury to date.
Discuss Testimony.
Among the witnesses summoned to
give evidence in the Gordon inyesti-
cation were Judge e. Henry Sullivan
OF the Spokane county superior court,
his brother, Potter Charles Sullivan of
Seattle, and Nulten e. Nuzum of Spo-
kane. They discussed their testimony
after leaving the grand jury room
and were promptly hailed before Judge
Huneke for contempt Of court They
admitted talking about their testi-
mony, Notwithstanding that Foreman
Davis had cautioned them to. keep it
secret, but denied through counsel
that such conduct constituted con-
tempt.
Frank Graves, attorney and state
senator, appearing for Mr. Nuzum, de-
clared that the court never made an
order about secrecy of testimony. add
ing, 'and if it had, it is utterly with
out power to enforce obedience to it,
AS an. American citizen I cannot have
my right to free speech abridged by
the order of any court or the caution
OF the foreman of a grand jury"
Charles S. Voorhees,, son of the late
United States Senator Voorhees, of
Indiana, who defended Judge Sullivan,
said that the caution of the foreman
Of the jury was impertinent as no
written or unwritten law would sus-
tain such contention, while Mr.. Sui
livan, who pleaded in his own be-
half. said that he and Mr.. Nuzum ap-
peared as counsel for Gordon and he
had the right to discuss his testi-
mony with anyone, "and." he added,
mo court or judge or Legislature has
the power to enforce an order of
Judge Huneke took the cases un-
Ter advisement, after Don F. Kizer
1eputy prosecuting attorney had in
sisted upon the court inflicting pun
shment then and there. Judge Huneke |
handed down an opinion virtually up
holding the contentious of the defen-
lants and saying that tau court had
oeen unable to find any hing bearing
lpon the cases under consideratio
Counsel for Gordon then turned the
he tables upon Prosecutor Pugh by
demanding that J. II. Pelletier, ste
lographer and deputy prosecuting at
orney, be cited for contempt of court.
udge Huneke entered the order, ap-
'ointing Frank Graves and Frank T,
'ost, counsel for Gordon, to prose-
ute the charge. The cast will be
eard some time this month and a
lvely battle is expected to result.
A Sidelight.
An interesting sidelight is cast upon
he case by the supreme ceurt of
declaring in a three to
wo opinion that there was nothing to
eview when Prosecutor Pugh ap-
cared before that tribunal recently
or decision permitting the state to
lstall an official reporter in the