Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1916-07-21
Trial of Well Known AIbuQuer-
que Attorneys Under Dis
bament Proceedings Likely
10 Last Several Days.
WOMAN WITNESS STARS
AT MORNING SESSION
Three of Eleven Accusations
Gone Into on First Day.
Federal Courtroom Crowd
ed With Curious Spectators,

The trial Of owen y. Marion and
Francis +. Wood under disbarment
proceedings instituted by a commit
tee of Albuquerque attorneys appoint
ed by Judge Herbert f. Reynolds was
begun yesterday morning at 10 o'clock
in the United states court room in the
poHoffice building, and seems likely
10 continue for several days. The
charges against the two lawyers are
contained IN eleven specifications of
eneged misconduct two of which were
disposed Of yesterday. so far as the
taking of evidence is concerned, and
start made on a third.
The case is being tried before the
E supreme court Of New Mexico, which
has the final word as to whether the
accused attorneys shall be disbarred
or allowed to continue the practice of
their profession in the courts of the
state Judge Colin d. Neblett, of Sill
Yer City. is sitting in the place of
Chief Justice Clarence j. Roberts, who
held himself disqualified to try the
case Associate Justice Richard II.
Hanna is acting as chief justice.
Interest in the case was attested by
the fact that the court room was
crowded at both morning and after
noon sessions yesterday, number of
ladies being present throughout the
day
Three Charges Heard.
ON the three charges under investi-
cation yesterday one related to alleg-
ed misconduct Of Mr.. Marion and the
other two TO that Of Mr.. Wood. The
first matter gone into was the fee
charged by the firm in the settlement
OF q suit brought in behalf of Mrs.
Agnes NJ Averyt against the Journal
Publishing company for libel in 1873
the second concerned the alleged con
cealment by Nj. Wood Of paper
desired as evidence in case on trial,
and the third which was still under.
investigation at the hour OF adjourn
ment Yesterday afternoon, was 70 the
effect that Mr. wood had attempted
TO have a motion to set aside default
judgment brought before Judge T. L..
Mcdler for determination under cir
CumstanCes which made the action n
fraud on Judge Herbert +. Reynolds,
the judge of the Second judicial dis
trict, before whom the case was pend
ing
The prosecution Of the charges was
in the hands of Attorney-Generai
Frank W. Clancy who was assisted in
an advisory capacity by John F.
Simms and Judge r. p. Barnes two
of the three members of the commit
Tee appointed by Judge Reynolds toI
investigate the charges against Mar
ron x Wood and which filed the accu- |
sations in the supreme court Judge
George r. Craig, the third member Of
the committee, is out Of the city, not
having returned from an extended va |
cation trip in the east.
The defense of the Albuquerque at
torneys was conducted by A. B Rem |
chan and Judge T. r. Wright, of SAN |
IA Fe, who have represented them
throughout the various branches of
the disbarment litigation instituted !
against them.
Mrs. Averyts Evidence.
The first witness of the day YVES
easily the most interesting. This was
Mrs Agnes NJ. Averyt, who was called /
to testify regading the settlement
Of her libel suit against the journal /
company, 1t was plain to
be seen that Mrs. Averyt was under
going a trying ordeal while on the
stand Several times her voice show
ed signs of breaking, and once tears
Of vexation came to her eyes as
question was asked her which she did
not relish.
Mrs Averyt testified that her em-
ployment Of the firm of Marion x
Wood was due to Or. j. W. Colbert,
and that the contract with the firm
was signed by her on the day Of the
hearing of the criminal
.harges against officials of the Jour
nal company. At the time, she said,
She was so overwrought that she did
not recolect the incident clearly She
signing paper but did
not know what it was. In April.
1915, said the witness, Mr. Wood tel
aphoned her at her home in lsleta
requesting her to call at the Office Of
he firm in Albuquerque. She did so,
but at the time told Mr.. Wood thaJ
inder no circumstances would she
'onsent to go to trial with the case
Her health had been impaired 10y the
worry incident TO the litigation, she
aid ana she had no intention of go