New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-12-30
Conduct in White Slave
Case Called Grossly
Unprofessional
APPELLATE DECISION
HAS ONE DlSSENTER
EX-Judge Is Expected to
Fight - Martin Sees
Lesson to Lawyers

Ex.Judce John Palmieri. for years a
prominent figure at the New York bar
and in politics. was disbarred from
practice yesterday. Gross profes-
sioral misconduct" four justices OF the
Appellate Division characterized his
conduct BOO allowing witness TO tes-
tify falsely in a white slavery trial.
Justice Page refused 10 concur with
his associates and held that Mr.. Pal
mieri's conduct amounted only to over
zealousness in behalf Of his client
The case which caused the disbar-
ment was that OF John Delane. Bronx
politician. tried i'm March. 1915, and
sentenced TO not less than ten and not
more than twenty years. Palmieri dc
Tended him During the case Hen
rictta Annette. a witness, disappeared.
Later. while the trial was still on, she
walked into the courtroom with g suit
case in her hand and said she had Just
returned from Amsterdam, y. y.
District Attorney Martin caused sew
ersl indictments TO be found as a re
suit OF the girls testimony, two OF
them charging Paimieri with subons-
ton OF perjury and conspiracy and ae-
cusing him of hiding the witness, but
these were dismissed as unjust. Then
the District ATTORNEY lodged charges
against him with the Bar Association.
Justice Page Dissents
Justice Page wrote d sharp dissent
ing opinion. IN which he declared that
the former Judge OF the city Courl
did not merit such severe punishment
and maintained that repumand Wou4d
he sufficient. lie said that the case
was without precedent and thst me
obligations of an attorney to court
and client are very different IN civil
and in a criminal case.
Commenting on this, Justice Scout
wrote an opinion concurring with. the
leading opinion by Presiding Justice
Clarke.
I'm its opinion. written by Chief jus
ticc Clarke, the Appellate DIVISION
says:
I'VE cannot think that an attorney
conforms 10 professional conduct when
ne permits a witness procured by MN
and regarded by him as highly. I'M
portant to stage a play by suddenly
appearing in the courtroom with "A
suitcase in her hand and by permit
ting her 10 testify that she mad Just
arrived on an early morning tram, that
no one knew OF her coming, and thst
her attention had been called TO the
trial by an evening paper read IN an
upstate town the night before. wheh ne
knew that she had been sent Tor by
his client and had been at MS faiml-
eri's-home in consultation with MN
in a distant part Of the city each day
OF the trial, and TO his knowledge was
deliberately and knowingly testifying
falsely
indicated in his reply TO request Tor
an interview at his home IN Brooklyn
last night. This reply reads:
NV side or the case has impressed
Al least one Of the judges OF the APP
pellate Division, and | would therefore
refer YOU 10 the opinion OF Mr.. Justice
PAGE I'm addition. would merely
mention the fact. not referred to in any
OF the three opinions, that almost every
Judge on the bench in New York
Brooklyn. Queens and Richmond, a.
well as every District Attorney Of every
county in the greater city, excepting
OF course. the District Attorney Of The
Bronx. who made this charge, and VINO
had been bounding me for the last two
wears. has attested under oath 20 my
high standing and reputation al the
bar.