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


ment Of them and the methods which
they used in public office was made.
The court then referred to tho
specification In which Ben Merchant
was the principal witness. he having
testified that DcGollcy had tried TO
bribe him to secure a verdict in the
case of Temple against Fite. The
court commented upon the fact that
Merchant appears to be an intelligent
man and the fact that nc did not be-
come indignant when such PROPOSE
tion was made to him impugning his
honor, and that he did not at once
inform the court. Judge Baldwin
said that his testimony was not cred
ible and explained the reason of
Merchant coming before the commit
tee with this testimony to the same
reason that when man Is accused Of
any crime II is the easiest thing I'm
the world to get the whole populace
to join in to cruelty him. "For my
self, I believe the testimony OF Mr. /.
DeGolley" he said. In conclusion
the court said:
| "I do not regard the evidence pre-
sented to this court against Mr.. De-
/
that IL II were criminal action no
jury in the world nor any court would
bring in q verdict of guilty. IL may
be there Is some sentiment in me,
but I would have to have far more
evidence of guilt before could feel
| justified I'm blackening the character
of the accused for ever, and I could
not do 1t conscentiously on the tcs-
timony adduced. The charges are
therefore dismissed.
| Judge Henderson stated briefly
that he was able to agree with his
colleagues except in Specification 1
4 and o. He said that in weighing
| the evidence. in the law and In prac-
| tically every other matter in conduct
ing the case, the court had agreed.
wish to state that have not consd.
cred at all the result should the Other
members of the court agree with me
The majority OF the court has sale
that the defendant was not guilty ye'
not guiltless, which is entirely impo'
tent and calculated to lower the pro
fesson in the eyes of the pubic ant
to designate the book OF ethics al
Hamlet's book, Words, words
/ words"
/ Judge Henderson did not go into tho
case even as much as the othei
judges. The court adjourned when III
concluded.
| Attorney DeGolley's face wa'
wreathed in n smile that even tear
stained eyes could not smother. HI:
daughter-in-law, Mrs. Lloyd DeGolleS
rushed forward and congratulated
/ a
scene was enacted that was not with
lout its pathetic side. Mrs DeGol'
ley. with tears In her eyes, asked tc
be presented to Judge Baldwin, he
who read the opinion generating her
husbands father. Judge Bartran
took her hand aud leading her to the
Judges room presented her to thu
court, where she had an opportunity
to thank them.
Young Mr.. DeGolley is III In Mans
field and 1t Is doubtful, physicians say,
| IL he can recover. Had his father
been convicted, his life might have
been ended the sooner and the young
wife hurried to Mansfield to convey
the good tidings to her husband.
| Twelve specifications i'm all were
filed against Attorney DcGollcy. OF
these. seven were dismissed by the
court as mot substantiated," before
the defendant had testified on any OF
them. Five remained for consid-
Grafton and all of the five were dis
missed by the courts action today.
The gathering OF testimony against
the attorney has been In progress for
over q year. Judge Davis appointed
one committee to take evidence. This
committee was commissioned by the
court to subpoena witnesses and hear
| all testimony. 1t WITS composed en-
tirely OF attorneys and its finding was
| given to the court. Judge Young
| then named Attorneys William e.
Sconeld, Fred Il. CUTLERY, and Grant
E. Mouser. John II. Clark was
named to succeed w. e. Scoheld when
the latter was appointed judge of the
common pleas court.
/