El Nuevo mexicano., 1916-06-08
MARION ANp WOOD.


HUnH "Y.NM NUnntA UHN" #auM" .HN N ~
been preferred against him alone.
The first charge is that Of accept
ing adverse employment; the second
That Of stirring up litigation by adj
yertising; the third, securing mis-
leading publication Of d supplemen-
tai opinion by Judge Pope, by
which IT appeared respondents bad
been %exonerated Of certain charges ;
the fourth, that Of fabricating evil
dcncc in the Garcia case.
FINDINGS or THE COURT
The opinion covers eleven typewrit.
ten pages, five pages Of it however
dealing With the charges of the spe-
clal investigating committee, which
are repeated. Summed up, the opln-
Ion finds that Maroon g. Wood did So
licit adverse employment when they
represented Isabel Lillian Garcia, the
infant daughter of 4 woman known as
Bessie SpeiCht who later married Ed.
gar ". Wilson In Salt Lake City. This
adverse employment consisted In
bringing suit against Mrs. Petra 6.
Garcia, Of Albuquerque, to recover the
estate Of her deceased son, Elias Gar
cia, who died In Jolly, 1910, the estate
revertlnu under the New Mexico law
to his mother. Judge Pope dlsposes
Of Marion & Woods contention that
they brought suit against Mrs. Petra
Garcia In the district court at Albu-
querque more for slanden than for
fees due them as her attorney for the
estate of Elias Garcia. Judge Pope
finds that this ISLANDER element al
legged to exist in the suit falls short
Of mitigating the situation.
Dispos.ng Of the alleged conyersa-
ton Of the late Judge Edward A..
Mann, representing Mrs. Petra G. Gar
ella, with Mr.. Wood, which was used
as a weapon Of defense by the respond
ents tending to show that Mr.. Wood
went to Judge Mann 70 get his opin-
ion whether or not it would be ethical.
for Marion g. Wood to attack the Elias
Garcia estate, Judge Pope declares
that 'tae Mann Incident" lacks I'M
portance. He points out that Judge
Mann had no authority to absolve Mr.,
Wood from uhprofessionai conduct In
securing adverse employment. The
JUDGE also fails to find a mitigating
circumstance in the silence Of Mrs.
Petra G. Garcia who did not cone into
federal court with the plea that Mar
ron g. Wood had already had their lips
sealed by having been employed by.
her before she sought out the law firm
of Mann & Venable.
on this point Judge Pope oensures
respondents severely in the language
he uses, for he says: "The silence of
the Garcias while being made the vic
Tins of unprofessional conduct by
members Of the bar, cannot mitigate
the laws prohibition upon such con-
duct and cannot avail to render the
respondents Immune from the conse-
quence Of such m~is-copduct."
The SECOND CHARGE
Dealing with the second charge that
Marron g. Wood stirred up litigation
by advertising for business in a Salt
Lake paper, contrary to legal ethics,
Judge Pope says: 1.-THE facts Of this
solicitation for business are not de-
MED" He adds that the charge Of
unethical conduct was cranky admit
ted on the stand by Mr.. Wood.
THE THIRD CHARGE
= Taking up the third charge, which is
that MIR. Marion tried to twist a sup
elemental opinion Of the federal court
to absoive Marion q Wood from all
suspicion Of wrong doing in the Gar
cia VS.. Garcia case, when the court
had merely mentioned that Marion &
Wood were not connected with the
fabrication OF four letters purportlng
to have been typed by Elias Garcia,
Judge Pope makes II clear that the
court finds MIR. Marion was de-
to have the public think his
firm indicated than he was to see the
Of the court correctly reported
in the press. The court finds that Mr..
failed In his professional duty
in this regard.
THE FOURTH CHARGE
The fourth charge Mas that Of fab
letters p~urporting to have
written by Elias Garcia and in
troduced as evidence In the Garcia
THE OPINION
The opinion opens with the state
that on August IL. 1915, a COM
was appointed to Investigate
& Woods conduct; on Janu
ary 20, 1916, the committee reported
and summoned fer disbarment the two
lawyers.
Then follows a copy of the charges
If the committee which we're thor
,ughly aired in the disbarment pro
seedings held here before Judge Pope
i've days of last week.
The findings begins IN page 6 OF
he opinion and are as follows:
Findings in Full
T..
AS to charge 1 the court finds the
iespchdents and each of them guilty.
t is clear that the firm of Marion and
Mood were, as alleged, employed by
hrs. Petra G. Garcia in July, 1910, and
within a few days after the death of
elias Garcia. This conclusion is
cached solely upon what has eman-
ted from the respondents, and with
ut taking into consideration any /,
hing on this point proceeding from I
Their sources. The answer of the re- (
pondents to the present proceeding 2
4 effect admits this employment. The :
omplaint in a suit for fees filed in ,
he district court of Berna1illo county, ,
october IS, 1910, by the firm Of Mar :
and Wood against Petra G. Gar I
ia alleges services. The testimony of :