South Bend news-times. (South Bend, Ind.) 1913-1938, 1914-04-02
MOVE To D|SbAR
DAVEY W|LLMEET
WITH RESISTANCE
Lawyer imprisoned at County
Jail Under Federal Sentence,
Prepares to Resist Loss of
Right to Practice.

the revocation of the membership Of
Attorney Charles A. Davey in the ST.
Joseph County Bar association, now
pending before the grievance commit
tee OF that organization, based on the
conviction Of the attorney in the fed
eral court, on charge Of obstructing
justice, promises to develop into a
merry confab Saturday. when the
committee meets again 10 take up the
case. Davey is entitled to three chal-
lenges to the personnel of the COM
mittee, and believing there are mem
bers thereon who are prejudiced
against his case, all three challenges
may be exercised. and the places have
10 be filled before the investigation
can proceed.
Davey is serving a one-year federal
sentence. transferred from the federal
prison at LeavenwOrth, Kan, TO the
local county jail by judgment of
Judge Anderson of the United States
district court at Indianapolis, which
is the basis of the complaint before
the committee. 1t is also alleged
that the prisoner is enjoying unusual
liberties at the Jail, among them the
privilege of virtually carrying on his
law business. In an extended letter of
several typewriter pages, addressed
TO the committee and the bar associa-
ton, the prisoner charges his convic-
ton to q conspiracy that involves the
judge of the federal court, the United
States district attorney, and a local
personal enemy, and asks that action
be deferred until President Wilson, to
whom application for pardon has
been made, has had an opportunity to
act.
'It has always been my intention
TO withdraw from the association, If
unable to establish my innocence,
Davey declares, taking issue with
Chairman Samuel Parker OF the
grievance committee, who, in his call,
makes the statement that the prisoner
has exhausted his powers of appeal, in
his efforts to free himself. "The right
OF appeal for executive clemency.
provided for by law. is not included
in that statement of the chairman,
so Davey contends ''and it should be-"
In fairness TO himself, he remarks,
that no action looking TO his disbar-
ment, should be taken until the presi-
dent of the United States has had his
say.
How Committee Stands.
Aside from Chairman Samuel Park
er. the member of the committee are
John w. Kitch and George w. Zinky,
with Charles P. DrummOnd. president,
and Arthur L. Hubbard. past presi-
dent, of the bar association, members
eX Officio.
Drummond and Hubbard have at
tended none of the meetings Of the
committee so far held. the latter be-
ing absent from the city presiding as
special judge in the LapOrte county
circuit court, and the former sending
letter to the effect that having been
counsel for Davey at his trial, and
having frequently expressed himself
professionally and otherwise in favor
of his client. he did not feel that ne
should act.
Parker withdrew from the commit
tee on account of having some cases
pending against the respondent. which
he said would stand as a challenge
against his fairness, in case he should
vote for disbarment.
Kitch and Zinky declined to act
alone, hence an adjournment was Ia
ken until next Saturday when Hub
bard can be present and when it is
more than probable that a full inves-
tigation of the charges against the
imprisoned lawyer Will be recon-
mended TO the association.
Davey is being represented by At
torney Thomas w. Slick. IT is stated
by members Of the association that
Davey's three challenges refer TO the
investigating committee whose work
will follow that of the grievance com
mittee. and not TO the grievance COM
mittee itself. which Is merely TO de-
]
/ in the charges brought to investigate.
! IT acts as a sort of miniature grand
jury.
Davey denies that he has been prac-
| ticing law since confined in the local
| Jail. He says he had some old busi-
| ness that he has been closing up, but
| that even ait that ne has turned much
| of IL over 10 lawyers outside. not even
/ giving il TO the young men in his Of
/ fee. to avoid the criticism that might
result.
Goes Deep Into Case
Il am a member of the st. Joseph
| Bar. association" said Davey when
/ interviewed at the jail Thursday.
| They keep coming 10 me for my dues
and / pay them. ! am entitled TO a
| square deal" He asserts that he has
I done as much if not more TO keep the
! local bar clean. as any Of its members.
\ He claims credit for twice defeating a
/ bill before the state legislature that
\ would make III easier for ShySter law
\ yers TO break into the profession. He
\ exhibits two letters from jurors who
\ convicted him; one from Charles NJ.
| Cross Of Indianapolis and another
| from Charles +. HuttO. Upton, as
! serting that hey would never have
voted him guilty but for an inference
| from Judge anderson. while Attorney
| Drummond was arguing the case. that
/ a prison or jail sentence would not
/ result He claims 10 have nine other
| letters from jurors OF similar import.
! The jurors say they convicted the man
| because they could not otherwise
| agree and did not want TO be kept
shut up over Thanksgiving day.
| Davy's contention. however. that a
pardon from President Wilson would
| establish his innocence. is not agreed
to by members OF the bar. among
/ them some members OF the grievance
! committee in particular.
"A pardon implies forgiveness, not
acQuittal," said one lawyer Thursday,
! speaking OF that phase OF the case
Such appears 10 be the position OF
! Chairman Parker OF the committee,
when in calling the members together
! he referred 10 Davey having exhaust
I ed his power OF appeal.
IL is pointed out from another
/ source that If Davey is so anxious to
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