Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1915-02-14
CONNELL FORCED BY JUDGE
Order by English COmpels Attorney
to Withdraw from Defense
of Matters.
RULE AFFECTS ALL ATTORNEYS

w. j. Cornell has practically been
forced to retire from the defense in the
Matters case, now being tried In the fed
eral court by the action of Judge English
of the state court.
While actually engaged In the trial OF the
Matters case In the United States court
Friday Mr.. Connell received a telephone
message that Judge English had set down
for immediate trial the case OF Lang
against the Omaha Street Railway com
pany and that a jury would be called at
2 o'clock Mr.. Connell at once got busy
during the noon recess. and explaining
his dilemma to Judge English over the
phone, tried to arrange for passing the
Lang case until he could get through
with the Matters case. M
Goes Into Lang Case. b
This, Judge English refused TO do and
at o'clock the empanneling OF jury
in the absence OF Mr.. Cornell was COM
menced. In the meantime James u. Raft
Of Sullivan aud Raft had been called into
the Lang case to represent the street
railway company until Mr.. Connell could
free himself from the Matters trial. This
Mr. Connell succeeded in doing by pulling
out of the defense in the Matters case
and leaving Il entirely TO his associates.
Burkett & Wilson of Lincoln. He says
he was obliged 20 do this by reason OF
the Importance OF the Lang case involv-
ing. as II did. a claim of $4,000. and II
being q case that he had tried once
before and one which he knew the facts
and points involved. Mr.. Matters strongly
objected to his leaving the defense. but
Mr.. Connell stated that in view OF the
action of Judge English he could not do
otherwise.
Had Agreement with LanR's Counsel
Mr.. Connell is very indignant over the
situation and says he greatly regrets
that he was not permitted TO represent
Mr.. Matters to the end Of the trial. which
he believes will be concluded IN much
shorter time than has been predicted He
says before he entered upon the defense
Of the Matters case he had a full UNDER
standing with the attorney representing
Lang and IL was agreed that the Lang
case would not be crowded for trial until
after the Matters cose was concluded.
He further says that under the rules of
the district court OF Douglas county It
is expressly stated that engagements OF
counsel in the actual trial or hearing be-
fore some court OF record Is a sufficient
ground and reason for passing any case
called for trial.
Affects All Attorneys.
! Mr.. Connell asserts that forcing him
out Of the Matters case by requiring that
the Lang case should be Immediately
tried was not only contrary to the letter
and spirit Of the rules Of court referred
TO. but 10 a matter that involves the
rights OF every attorney in active prac.
tice. He says that 1t IL a matter thai
should be considered and acted upon by
the Bar association 10 avoid such oc
eurrences in the future. He says thai
IAN injury to one should be the concern
OF all" but he says he has no expecta.
ton that the Bar association will taxi
any action. II is made up Mr.. Connel
says. Of a number OF attorneys who run
IL in their own personal interest. anC
for that reason. Mr.. Cornell states, h,
has nothing TO do with IT, He says Ia
can stand what has been done II tn
other attorneys can do 40. He recog
niSes that the street railway COMPANY
has no rights that even judges arc boun,
70 respect. but that his own shoulder
are broad and that he can take withou
complaint whatever blows are directe'
toward him.