Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1917-06-04
COTJRT DENOUNCES
SCOTT'S ACCUSER
Exonerates Lawyer Who
Was Charged With I'm
professional Conduct
TWO JUDGES DISGUSTED
Finletter Suggests Action for
Perjury-Audenried Stops
Case and Criticizes Its
Promoters

Judge Finletter today urged that the Bar
Issociation proceed against Adolph Smith,
I91 Brown street, with an accusation of
neriury Smith is the man responsible Tor
,he hoard of censors of the Bar Association
mating application before Judges Auden-
ried and Finletter for rule requiring
Henry J. Scott, lawyer. to show cause
why he should not be disciplined.
While the court reserved decision in the
case several of the large number of law
vars present predicted that the Judges
would write an opinion which wou' COM
uletely exonerate Scott. Before the case
was half through both Judges exhibited
their disgust at the proceedings. and finally
Judge Audenried with wave of his hands
and a very wry face, said:
81 don't want to hear any more IN TINS
oass. we have heard enough alrea.'y."
Both judges were severe in their crit
icsm of the manner in which the Bar
Association brought the case against Scott
Addressing himself to George Wentworth
Carr and Horace Stern who were appointed
BY the board of censors of the Bar Associa-
ton to prosecute Scott, Judge t1nlettel
said:
81 never would have allowed application
for this rule had not the association made
such a mystery of this case. The public
did not know whether Mr.. Scott's honesty
was being attacked or what was the matter.
No one had any idea that it was such a
trivial thing. SO because of the mystery
which has been made of it I decided tha'
we would hear the appTcation so as t.
clear up all things. The hearing has re-
suited in showing up the case in all of its
rotten weakness
COMPLAINT DATES BACK II YEARS
Smiths complaint averred that seventeen
years ago he retained the lawyer to repre-
Ga.Nh htw..s MT
Rapid Transit Company for injuries that
, as far as he knew or was informed by
Scott, the case was never reached for trial.
and that he believed the case still was
pending, when, upon selling piece of real
estate, he learned for the first time that
verdict had been rendered for the Phila-
delphia Transit Company in January, 1915.
Then, according to the petition filed by
the Bar Association, Scott told him he had
settled the case for 500 in January, 1915,
and had agreed that verdict should be
entered for the defendant. Scott informed
him that he had received 500 from the
company and prepared a settlement, claim
Ing right to a fee of $50, a doctors bill
Of S25 and additional costs of IS, leaving
balance Of $50 for Smith, the complainant
In testimony before the Board of Censors
last April, Smith said that he visited Scott
and showed him a receipted bill-which
represented S25 he paid to the physician
who had attended him.
In court today Smith repeated the testi-
mony which was somewhat upset wher
Scott produced the bill which Smith had
LETT in his office. The bill was not receipted
Asked by the court If he had any receipt
for the money he alleged he paid the physi-
can, Smith replied
NO, have no receipt: Doctor Hare. who
treated me after my accident, has been dead
t0r twelve years; paid him just the same.
sCOTTS DENIAL
Mr.. Scott made denial that he had vio
hted his oath of office as attorney and de
MED he had been guilty of unprofessiona
conduct, but on the contrary averred tina
he Board Of Censors was unwarranted II
presenting the petition, ''as the facts there
stated showed no grounds for entertain
ing the complaint"
When the cast appeared upon the tria
, .s. from time to time, notices were sent,
sald Scott, ito the only known address o
oh'th' who had moved and not notife,
me OF mis- removal. | concluded that Smith
not giving any notice of change of resi-
Gence, and never making inquiries concern
tsssr ss ms case, had abandoned it. In January
slo the Philadelphia Rapid Transit Com
s"y' IN an endeaVor TO clear the docket
Ot these old suits, notified me and othe
sn,oers a1si OF the bar that the same had bee
eu sa upon the trial list, and either tn
SIS must De tried or nonsuits entered.
Nouee was mailed Smith of the time o
1ie uial' but he did not appear or communi
'e IN any manner whatsoever with me
.a ~ order therefore, to avoid a nonsuit,
s ssAeu Tor and received from the transi
.S,npany 800 as a compromise settlement
@ e same being given virtually as a fee t
~ ana TO avoid the necessity of bringin
oonipanys witnesses to court. This wa
nOre than a fair settlement under the cir
s,TIn,hhsataanees' as the mans injuries wer
explaining why he had withheld So
. ne physicians fee Mr. Scott said:
=, mas always been my custom, as it
sa.tost most members of the bar, to proteC
ssss and other professional men VIII
render service in any litigation by withhold
uer ices from settlements"