The herald-advance. (Milbank, S.D.) 1890-1922, 1912-04-12

THAT. as a citizen who appreciates
the majesty of the law, he desires to
be understood as submitting to every
Judgment and decree that has been
entered against him in the unpleasant
litigation in which he has been a
party, That in saying this he is stat
ing what it is the duty of every litigant
to do who has had his day in the
courts constituted by authority.
"Believing that this court will give
credence to his apology, and will con-
slider that sufficient punishment has
been endured, and amends made for
error committed and discourtesies
shown the courts of this state, he asks
that this petition be filed, and that an
order be granted fixing a time for the
hearing thereof. which order may be
served upon any state, county bar
association or individual attorney
that the court may care to give notice
to-
On page 366 of the 129th n. w.
Reporter will be found the fol-
lowing:
son the hearingofthe petition. after
making an extended statement the
petitioner, who was sworn and eXamin-
ed by the presiding Judge, testified as
follows:
Question, In reading your petition
and from what you have already
stated, / take it that it was your in
tention not only TO apologize to the
court, but to retract anything that you
may have said that in any way reflect
ed upon the integrity of the court?
Answer. That was my intention at
the time | filed the petition, and is
my intention now,
Question. And in s~oretracting, do
you do it believing at this time that
such action as may have been taken
by this court in any of the proceeding
concerning what you may have recog-
nized the action of the court was done
conscientiously by the court, without
any prejudice as against you, or any
wrongful influence from the outside,
or wrong motive on the part Of the
court? Answer. | had that in my
heart and mind and have it now, to re
tract in that ense.
Question. And you do believe, do
you, at the present time that this
court has cOnscientiOuslN from proper
motives, in all that it may have done
whether in or against your interests,
in and of these proceedings? Answer.
| believed, when | filed my petition.
and believe now, that the court acted
conscientiously and honestly on all
the facts that it had before it, OF could
get before it. touching my affairs,
whether for me or against me.
Question. Commencing with the
original disbarment proceeding and
including the opinions of this court in
what are known as the Kaufman and
Danforth cases. and also upon your
application for a rehearirg. you now
believe that the views of this court
were honestly rendered, whether YOU
think they We're right ornot. you think
they were honestly rendered by this
court? Answer. May | ask what you
mean by the Kaufman case?
''Question. The decision Of this
court upon the appeal in the kautf-
man case. as to whether this court
acted conscientiously and according
to what it believed was right in that
case? Answer. Yes, | near to say
believe now that the court acted on all
the facts and circumstances it had ac-
cording to what it believed to be right.
"Of course, in the former decision
of this court. in which the opinion
was written by myself. there We're ref
erences made to the Kaufman case.
and therefore | think it proper to ask
this question as to whether now YOU
believe that this court. whether right
or wrong in its decision, acted con
scientiously and from proper motives?
Answer. My answer to the former
question stands to that as yes,
'Question. | suppose, Mr. Egan,
from what you have already said. that
you fully realize what might be the
consequences of charges against the
court upon the minds of the public
that We're not conversant with the full
situation? Answer. | can readily
see, and regret yer much what might
occur. | can see, your honors, how
that, if one is so situated that he has
influence, that the injury might be
greater in proportion.
Question. Since YOU have become
satisfied in your own mind that this
court acted with proper motive in al
that it may have done, what, if any,
steps nave you taken to set THIS mat
ter in the proper light before the PEG
pie of the state? Answer. | cannot
answer at this time. your honors that
| have taken any definite steps, only
only hat | have come to the proper
tribunal to make what amends could.
knowing, of course as | do know. he.
ing a man of the world that whatever
| filed here would be heralded by my
political enemies as it has, magnified
and intensified, to the people Of the
state.
"Question. In some of the state.
ments to which attention was calico
in the former decisions of this court.
and possibly in some statements OF
articles written since, there appeared
matters which might, in some way, to
some extent at least simply lack of in
tegrity and proper purposes on the
part of the circuit and county courts
before whom proceedings have been
had from time to time in which you
were interested. From what you have
said in your statement, take 1t thai
you desire your %retraction to be under
STOOD a~ ,n,1 ;-r 20 tIAra nn,,trtc n |