Fulton County tribune. (Wauseon, Ohio) 1883-1925, 1918-05-31
THE LEHMAN CASE
To the Editor of the Tribune:

One Of the most amazing things l
which has come to our attention in |
many a day was an article printed |
in your paper of last week over the
signature of Frank S. Ham, charac- /
terized as Murder Will Out" 1t was
amazing to US that any person char
acterizing himself lawyer, would re-
sort to the unethical practice of writ
ing for the press upon matters pend
ing in our courts, and with which he
is connected; and also because of the
many unwarranted statements and
comments made in that article. 1t is
rule of ethics that every lawyer
should know, that it is highly i'm
proper for a lawyer to discuss mat
ters of litigation pending, either in
the press or in public places, where
the rights of litigants might be pref
udiced by such unwarranted state
ments and comment And we would
not make mention of that fact here,
nor would we make any reply to that
article appearing in your last weeks
issue, had it not been for the fact,
that Frank S. Ham well knew that
at the time he wrote that article and
caused it to be published in your
paper, that the defense for Fred Leh-
man had filed their Bill of EXcep-
tions in the Court of Appeals, and
that this case would be reviewed in
the Court of Appeals upon Error dur
ing the present year. Ham undoubt-
edly understood his conduct to be un-
ethical and unprofessional when he
wrote that article. for we quote from
his artic,.5~ IS follows: "In view of
the fact that n2v trial now would
be suicidal, and of the greatest pub
lie interest, have concluded it proper
to raise the curtain" And thus, af-
ter having attempted to Justify him
self for writing the article, he goes
about the task of drawing upon his
Imagination for food for his article,
and resorts to lot of unwarranted
statements and jungling of the facts
that are of record in the case in or
! der to furnish food for his state
/ ments.
4 Counsel for the defendant, Fred
i Lehman, are not at all alarmed at the
I alleged finding Of the cartridges Sc
creted in the cactus plant pot on the
east porch of the Fred Lehman home,
near the milk house. It tends further
to prove the contentious of the Leh-
mans and their counsel, that they
were planted there by designing per-
sons so they might easily be found
upon the premises of Fred Lehman,
a fact that was necessary in order to
formulate any case against Fred Leh-
man. But what sane man or person
would so delude himself into believ-
| ing the defendant would, if guilty
have placed the gun under the milk
house in plain view, and deposited
the cartridges in the cactus pot where
they were bound TO be easily found ?
Neither does tie finding of these
cartridges have any bearing on the
case whatsoever; a fact which Frank
Ham ought to know. 1t is incompe-
tent proof of anything against any
body. It is too remote t. be admis-
sible as evidence. All the people OF
Ohio, Michigan, and Indiana might
have planted firearms there since the
tragedy. No one lived in the Leh.
man home until weeks after the ira.
gedy. The cactus pot sat on the east
; porch all summer, and an arsena
might have been installed there while
J Lehman was confined in Jail awaiting
trial.
Counsel for the defendant does no
! care to further indulge in answering
the article of Frank Ham, for the
reason that to 10 so l would myself
violate the rules of ethics of my pro
fession. as lawyer. And I woulC
> not have made any reply whatever
but for the fact that the Lehman fam
! lily are entitled to have the peopl
! know the character of the assaul
! which was made upon them. And W
= trust that the public will not be le
- astray as to the real facts surround
:, ing this case by such unwarrante
= articles, or further prejudiced by sue
~ unjust and unfounded charges agains
= the Lehman family. For justice de
;, mands that the defendant should hav
just and equitable trial of the fact
. surrounding the case. in court 0
u Justice, and this cannot be had, wit
! the minds and judgment of juror
= poisoned with such unwarrante
= charges and statements appearing
the public press.
Respectfully submitted,
II FRED B. FOWLER,
:, Of Counsel for Fred Lehman.