The Miller press. [volume] (Miller, S.D.) 190?-current, 1911-04-06

j. II. PROSTRELLO FILES AFFL
DAvIT OF DlSBARMENT
WITH COURT
ATTORNEY G~ENERALREADY
Sends Note to Court Waving Rights,
Asking for Immediate Hearing
--Court will Hear Case
on April Fl.

Pierre-There was something Of a
sensation here when the
ment was made in the supreme
court that an affidavit Of disbar-
ment had been filed against Royal
G. Johnson, attorney general of the
state. One J. H. Prostrello, an Italian,
Bard, is the complainant, and the af-
ldavit contins two charges in which
it appears that in 1910. ProStrello was
complained against by J. NJ. Ringer,
a resident Of Hyde county, for forging
a REIMBURSEMENT to land in Hughes
county. Mr.. Johnson as states attor-
ney Of Hyde county s~ubpoenaed Pros
trello before a magistrate and after
an examination, decided that while he
was not probably guilty the evidence
was not satisfactory and the COM
plant was dismissed. A civil suit was
afterwards brought by Attorney r. F.
Auldredge and tried by him with the
assistance of A. b. Fairbanks, of Hur-
on, in which Prostello was assessed
1894 by the jury for having sold a
bogus REIMBURSEMENT to Ringer for
government and that had never been
filed upon.
AS Mr.. Johnson had made the first
investigation on Ringers complaint the
whole trouble is laid at his door and
from the record it appears that the
charges against him are based upon
Prostellos having been compelled to
repay the money obtained in the trans
action.
Mr.. Johnson filed the following with
the court:
Il am informed by the clerk Of this
honorable court that n J. M. Pros
'trello has filed a petition with the
court, charging me with conduct I'M
becoming a lawyer, and unlawful and
asking for my disbarment.
"In view of the fact that l I'm an
elective state officer, and have in
charge interests of grave concern to
the state, and because this court, n
the people Of the state are entitled to
know at once the truth of this charge.
| enter my appearance, to valve all
notices required by law or practice to
be served upon ne, to waive any bono
for costs that might be required by
petitioner, to waive the time allowed
by law to demur or answer to the pc
tition, to waive any imperfection or
technical objection that might be made
by law or demurrer to the petition and
If so allowed, to answer on the merits
at once.
81 ask and earnestly pray the court,
II allowable and consistent with its
duties, that an exception be made in
this case; in this, that it be brought
OF. for an immediate hearing, either in
open court, or in any manner it may
please the court to direct. That the
petitioner be required to produce his
evidence in support OF his position
within fifteen days, unless he a show
good cause why a greater time should
be allowed for that purpose. That / be
allowed eight days thereafter, within
which to produce my evidence. That
if the evidence is taken before a ref
cree appointed by the court, he be di-
rected to file his report within ten days
from the completion Of the testimony,
or at the shortest time practicable
to the end that the public service may
be purged of an unworthy officer in
the shortest possible time, if the
charge be true, or the cloud removed
if it be not true.
Respectfully submitted,
royal c.. JOHNSON"