The free lance. (Fredericksburg, Va.) 1885-1926, 1910-11-10
FROM
JUDGE EMBREY
He Refers TO his Alleged Remarks
COroefning Mr.. Arthur Brown.
QUOTES JUDGE PHLEGAR. ETC.

Fredericksburg. Va. Nov o.. 1910
TO The Free Lance.
The writer has been taught chat
the appropriate. and only place, lol
! the discussion of pending litigation
Is the courtroom wherein the liti
cation is pending; and inasmuch as
other actions between the Virginia
Shirt Co and the several insur-
ancc companies which carried pol
ices ON the shirt CO. stock are
pending and involve identical quos-
lions with those raised in the ono
case tried. deem IL both incApcd
lent and unwisc to discuss iu th,
public press any issues involved in
either the ease already tried or in
hose awaiting trial
desire. however. to reply tO a
communication" which appeared in
recent issue of the Journal news
paper and also TO news item ap-
pcaring about the same time in the
press I'm reference To- this case and
particularly in reference 10 my rc-
marks. or alleged remarks. con-
cernlng Mr. Arthur Brown. the
former manager OF the Virginia
Shirt Co
Counsel engaged In cause are
privileged to speak any words, SHOW
ever defamatOry. that are in ac-
cordancc with their instructions and
are pertinent To the matter in qucs-
ton One of the greatest OF the
judges said, "the law, In fact
trusts a barrister with a privilege
/ In respect OF liberty OF speech which
is in practice bounded only 10y his
own sense OF duty. The very mag
nitudc OF this privilege should make
any lawyer cautious about its cXer-
else and scrupul0us that the priv
ilcee Doe not abused
did not characterize Mr. Brown
as q thief. and do not believe any
man should be so characterized uu
til he shall have been convicted O.
stealing Counsel for the Virginia
shirt Co had stated that the burn
ing OF the factory was calamity
that the company had suffered thc
loss proved by Mr. Brown. and that
Mr Brown had no motive 10 falsi-
ly either his monthly statements 10
Mr.. Tapscott. on which the book en-
tries OF merchandise bought and
used were based. or 10 give false
testimony before the jury on the
trial OF the case.
In my argument before the jury
in replying TO this statement o,
counsel for the plaintiff. said
that no man could tell the motive
that inspired any other man; that
motive was lodged In man s.
heart and was between him and his
maker. that there WAS no evidence
before the jury 90 show what Mr..
Browns motive was or that he had
been stealing from the company
and the destruction OF the factory
by fire was the only way to staye
off inevitable discovery; or that
he had been running the factory
at loss aud fire was the only
way TO prevent that fact becoming
potent TO his employers
To show that men will get differ
ent impressions OF the remarks Of
a lawyer arguing a case in court.
and that the author OF that Com
municatiOn' misunderstood the
tenor of my statements. | call your
attention TO another statement in
the same Communication This
article stated. In effect, that Judge
Phlcgar consumed certain time In
his address, a considerable portion
Of which was devoted in showing
that he was not responsible for my
attack on Mr.. Brown. forward
ed copy OF the paper containing
the Communication" in question
to Judge phlegar. who, in letter
TO me of the 4th instant, says.
II think you ought to make some
answer to the newspaper article.
You are at perfect liberty to say
that I did not devote some consid-
cradle time, or any time. to show
ing that ! was not responsible for
your attack on Mr.. Brown. II
said anything that gave the slight
est color to any effort to excuse my
self in that respect, | did not say
it knowingly and have no recollec-
tiOn Of il.
Alvin T. Embrey