The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-02-26

Iccuting committee, made the opening
Iargument--the defendant having
concluded all OF his testimony at the
evening session Friday highland
then Counsel for the defendant
waived the right OF argument. being
willing to submit the verdict to the
court without further comment.
| The judges then retired and IL
was announced that they would re-
port at eleven o'clock. II was lust
ono hour later than that when they
filed In. The accused with his lead :
ing counsel. Samuel II. Bartram.
| nestor OF the Marion county bar, was
in the court room as were the attor-
ncys for the prosecution, John ii .
Clark and Grant Il. Mouser. Attor-
ney Fred Il. CUTLERY was appointed
to assist In the prosecution, but ow-
ing TO the fact that the Clark against
Reber trail was prolonged two days
more than II was expected Il would.
Mr.. CUTLERY did not appear In the
| case.
Presiding Judge Broderick stated
that the court was not unanimously
agreed on the finding in the case but
that majority of the court is of the
opinion and holds. that the charges
contained in the specifications have
not been sustained by that degree of
proof necessary for conviction. He
continued In part:
This action Is penal I'm its nature
In that IL takes away from the ac-
cused in case of conviction the right
to earn livelihood and at his ad-
vanced age IL Is no light sentence.
Perhaps II may sound sentimental to
say this. but 1t must necessarily en-
ter into the case. The majority of
the court Is of the opinion that the
conduct of Attorney DeGolley has
not at all times been commendable
and I'm accordance with the strict
ethics of the profession. For in
stance there was evidence TO show
that In the Beck case ne represented
both the plaintiff and the defendant
We do not say that the evidence was
| conclusive.
| "In this case Il is not necessary that
the prepondcrancc of tn. evidence be
against the accused. but we deem II
necessary that the proof must be
clear and convincing. We have heard
all witnesses and have weighed the
evidence. And II Is right to state
that the court, while It finds the ac-
cused not guilty as charged, 1t cannot
say that nc has at all times acted as
an attorney should. We feel that In
specification No. Q. where IL is charg-
ed that the accused was preparing a
petition for one party to suit while
| retained as counsel for the other
party, that no attorney who has the
| good of the profession at heart
| would lend himself TO such a prac-
| tice, and we feel that no attorney
should lay down the bars of the code
of ethics any place uiong the line
AT this point. Judge Brodcrick left
to catch a train for his home and
Judge Baldwin read his opinion,
which coincided with that of Judge
Broderick. He said in part:
1T Is somewhat unusual to have
three judges sit in a case of this
character. but I think 1t wise In that
the correct verdict Is more likely to
be reached with three minds working
In place of one. l came here an en-
tire stranger to the members of the
local bar and have endeavored to
weigh each particle of evidence
carefully. realizing the gravity of the
offense charged. / have felt that be-
cause of the serious nature of the Of
fensc and the penalty for conviction
that evidence to warrant a conviction
should be clear and we'll established.
To many of thecharges the most that
the accused man can do or say is to
deny them. Mr.. DeGolley was called
as n witness. and am bound to say
that / found nothing In his manner,
his style of testimony when on the
witness stand or in the substance OF
what he said that would tend to dis
credit him. There was no evidence
adduced to show that Mr.. DeGolley's
reputation In the community or
among the members OF the bar was
anything but the best through such
evidence would have been competent
therefore though the court is asked
to discredit his testimony I'm favor of
others, 1t was given the same credence
by the court that was the testimony
of the others"
The court then reviewed the Beck
case, picked out the flaws and i'm
probabilities I'm the testimony of the
prosecution and commented upon the
iHct tlldt no COHlpidlnt was Waue Dy
Mrs. Beck untii publicity had been
given to the movement to bring
charges against DeGolley.
Then Judge Baldwin proceeded to
give the present Clerk OF Courts Will
liam w. Klinfelter and Former Pros
ecutor John II. Clark u scoring. the
like of which has never been heard
before in the historic old court room.
Clark and Klinefelter took upon
themselves the bringing of DeGolley
to punishment. The clerk issued
subpoenas on grand jury blanks and
had them served on clients of DeGol-
ley by the sheriff. The witnesses re-
sponded. thinking that they were to
testify before the grand jury. In
stoad, Klinefelter and Clark pulled
them into the side rooms In the court
house. where after Klinefelter, as
clerk of court, administered the SOL
emn oath that witnesses in court
must take, and then he and Clark
quiz2ed the witnesses, Then Clerk
Klinefelter paid each OF these wit
nesscs the fees to which witnesses be-
fore the grand jury are entitled. the
money coming out of the county
treasury. All OF this was without the
court having DESIGNATED the clark and