South Bend news-times. (South Bend, Ind.) 1913-1938, 1914-05-02
DAVEY CASE WILL
} co BEFORE COURT
UNLESS He QUITS
Proceedings to DiSbar Local
Attorney, in Jail as Federal
Prisoner, Reaches Acute
Stage in Legal Circles.

Disbarment resolutions in the case
of Charles A. Davey, local counsellor
at law and federal prisoner at the
county jail, as passed by the griey-
ance committee of the ST. Joseph
County Bar association nearly a
month ago. will probably be submit
ted TO Judge Walter a. Funk in the
circuit court within the next few days
by the association managers, unless
Davey voluntarily withdraws. This
follows on the heels Of the report from
Washington. Friday, that Davey's ap-
plication 10 President Wilson for a
pardon had been pigeonholed by
James A Fitch. attorney in charge
% pardOns," who, on investigation as
Eerts finding reports so adverse to
deserving executive clemency that the
president is not 10 be bothered with
the case.
The committee resolutions have
been in the hands Of President Charles
p. Drummond of the bar association.
and chairman eX-officio Of the board
OK managers. since their passage, but
for some reason no further action has
been taken. Davey's plea for delay
pending the action Of the president,
however, possibly being the cause.
other members OF the board are Vitus
Jones. d. NJ. Shively and p. ]. Houli-
han. with G.. A. Farabaugh, Arthur L.
Hubbard and j. Fred Bingham eX-
officiO members.
Vote To Disbar Unanimous.
The grievance committee, which
consists of Samuel Parker. George
Zinky and John ". Kitch, with
| Charles z. Drummond and Arthur L.
Hubbard ex-officiO members, the lat
ter two, however. declining to act
Drummond excused himself on the
10
Davey ar his trial, and Hubbard on
the ground that he could not attend
the meeting. Otherwise the vote was
unanimous. 1t followed an effort made
by Thomas w. Slick. acting for Davey
70 delay action by challenging Kitch
as a prejudiced member. but the COM
mittee voted that the challenge came
too late.
Delay on the part OF the board Of
managers to take acti, before the
court has been a matter Of cOnsidera-
bic comment among lawyers during
the past week. Possibilities have
even developed OF members of the
bar taking the matter before the
court outside the association channels
should the affair be left TO shoulder
much longer. 1t is expected now,
however. that the action of the pres
ident's counsel Will set such embryo
necassity-if IL were an embryo neces-
s'ty-at naught Although the action
of the grievance committee was sup
posed to have been bottled up" and
was kept bottled up" for a time. the
cork could not Withstand the watch
full waiting" OF those members OF the
bar who have regarded disbarment as
the proper thing, hence the leak.
Claims Conspiracy.
Davey is in jail for violating the
ethics OF his profession as evidenced
by his conviction on the charge of
spiriting away a witness wanted at a
trial in the federal court at Indianap-
ellis. He was attorney for a defendant
in an oleomargarine case hailing from
Elkhart. This was some three years
ago. on conviction he was sentenced
TO a fine of $1,000 and a year in the
federal prison at LeaVenWOrth, Kan.
the latter part of the sentence being
later commuted 10 a like service in
the local county Jail.
The prisoner claims that he is the
victim of a conspiracy in which John
w. Talbot figures as the chief con-
sDi5ator, with men connected with the
federal government as his tools. Mem
bers OF the bar are not crediting Tai
bot with having made any efforts to
bring about Davey's acquittal but as
sert that his conviction must be re-
gaTded as a matter OF law and justice
and that failure to so regard il is to
indict the federal court for inefficien-
cy and unreliability.
Davey has begged the bar associa-
ton TO await the action of the presi-
dent declaring executive clemency to
l be his court OF last resort. and prom
Using TO withdraw from the association
voluntarily should his plea for a par
don fail. Should the action Of Coun-
sellor Fitch be final il is possible that
he will carry out this promise and that
further action on the part Of the or
ganizatiOn will be unnecessary.