The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1916-02-05

uscd. AS respondent verify believes
that II amounted to finding that
there was disagreement between the
iury's findings and the report OF the
experts and that IN this disagreement
the trial Judge was OF tn" opinion
that the envelope had been altered
by the plaintin with the c"nnivanee
~ this respondent. and this respond.
net respectfully submits tnat the trial
fudge must or should have known.
that the Language used IN tue opinion
conveyed to the public reading the
same an erroneous impression "t the
state Of tn. evidence adyersc tn ,he
respondent and must have tccn the
rcsul, of prejudice against the re-
spondcnt."
The affidavit continues With the
statement that evidence was given by
the defendant at the second hearing
of the Garcia cause tendinE To- show
that letters, purporting to have been
written At different times and places
IN fact were written on the same type
writer; that Wood believes they were
from the same typewriter which ho
believed Garcia had taken Nilh him,
Wood aud his partner used every
means open to them tu discover
whether Garcia had taken q type
writer with him. and also inNcsti-
gated as far as they could the possi-
biiity of the letters having Lccn fub-
rir,ted by their clients mother bat
both of said efforts were entirely un-
aNaiiing: neither could they secure
a.s tangible proof that Gar,,d had a
typewriter with him and the facts
seemed tu positively ncgau'e the fab
rication of these letters after his
death"
The afndaVtt rcCitcs that Wood
thought II his duty to lay the matters
mentioned before the court end pro;
cured the attendance at IN" salt Lake
attorney. Gibson, at the iindi hearing
and that Gibson explained To- the court
his connection with the cas-" aud hos
and when the letters were gwen 1"
him bY the plaintiff mpth,r. that
there was no contradiction of TINS
cNidepc. IN the record and that Wood
aud his partner wcr. given uo oppor-
tuuity to explain or cxcus" their act
in asking Gibson to find the salt Lake
Tity claimant
Nevertheless the court !n IT, opin-
ion administered Ia these fc. pondeuts
most bitter and severe rcprimand,
continues the affidavit ana stated
In the opinion that respondents nrm
had inserted an advertisement in
which H. effect their services were OF
fcrrd the woman to secure her rights
they subsequently, offered th,.r H"rN-
ice upon Il contingent Zee 60 temp, the
bringing OF suit wlthout lust
cause
Tn" aihdaNitc concludes
That when Gibson was upon the
stand plaintiffs offered To show that
he was u lawyer of high standing and
character practicing Tor ycdrs before
tn. ytah bar which evidence the
court excluded with the remark that
his standing aud character WOULD he
presumed Dy tn, court unless at
tackled
"Notwithstanding thu situation.
Judge Pope IN his opinion uaitt"d all
reference to tn. explanation of facts
testified to 10y Mr. Gibson and no sus-
the possibility of any connection Of
respondents trm with the fabrication
! OF these letters. II they wcto iabri-
Gated That the necessary eject OF
! the opinion ns written was IT, create
! IN the public mind the impi,ssiun that
! the ,rial iudg. was of the belief from
| the evidence that the fabrication was
| by or through the Efforts of these re-
/ spondcnts and The public did obtain
that impression from the publication,
ana this respondent believing that
/ Judge Pop. IN writing he opinion
should aud must have knuwd the i'm
PRECISION thr' would h. produced upon
! the public mind bN the manner and
form IN which the opinion was nut,
| must have been actuatcd o. personal
bias oi prejudice against ih"sc re-
spondcnts IN writing "A opinion
which must of reasonable necessity y
produced that impression
Separate answers were filed by Mar
rol and bN Wood that 90 Murrof
adopting in part the answer uf hi,
partner. Both begin with formal al
legations OF the admission uf Marrou
and Wood To the oar. their practice "a.
Likewise each ends with denial thu'
Ii respondent has acted la any way
innrOpcr or Incompatible with h,s Of
| hcla oath. Each contains many eat
egorical denials of specific sections
aud subs,ctions Of the allegations
AGAINST the partners ana both cnntai
versions of occurrences sct forth D!
ull The Woo answer covors uehrl
fifteen pages that uf Marron hNe
Wouu's answer rec.tos the conN Ncrst,
uons. in substance, held hy him viii
JInn Antonio Garcia as follows.
IEnt Garcia stated to him. We
want Your arm Ia help ~ settle th'
estate meaning the estate of E'it'
Garcia a brother, ana that me nuthrl
was Jgreec that be should he go .ad
m nistrator with her ANA that thc> dis
c.ssed the fee To- he charged. Caro-
told him AT that time, Wood alleges
that h understood there was = No
man Ia sait Lake cay who claimed q
be- the vi, OF his dead brother an
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