Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1921-12-28
CUSTER CASE IS
BEING HEARD BY
SUP REME COURT
Removal of Suffolk County,
Mass, District Attorney Is
Asked; Misconduct of Of
flee Charged.
(By The Associated Press.)

his removal, was begun today. The
proceedings. which were similar in
form to those which resulted In
the removal of Nathan A. Tufts, as
district attorney of MiddleseS
county last summer, were held be-
I fore the full bench of the Massa-
chusetts supreme court.
| United States Senator James
Reed, Of Missouri, senior counsel
for Pelletier, announced to the
court that he wished to serve for
NAL notice of his, desire to file ex-
ceptions to two decisions rendered
on December 16. Chief Justice
Rugg in reply said:
The full bench Of the supreme
court sitting in this case can allow
and can recognize no exceptions to
its rulings"
Taking Of testimony then began.
Removal of Joseph c. Pelletier
as district attorney Of Suffolk
county, hearings in whose case
started today before the supreme
judicial court, Is asked by Attorney
General j. Weston Allen on the
general charge that Pelletier's con-
tinued incumbency is 'inimical to
the public interest" Two sets OF
charges against the district attor-
ney, as well as a petition for his
disbarment, have been filed.
In the original charges Pelletier
is alleged to have aided in eXtort-,
ing or attempting to extort money
or property from certain persons
. @ Of TrnGan11tinn fEha r.
tUrney general alleges that the dis
,rict attorney procured indictments
that ought not to have been pro-
cured; that he failed from improper
motives to prosecute in specified
cases and that he permitted persons
10 use his office in coercing other
persons to release or settle civil
claims.
The first charges, submitted on |
october ~ last, con ain thirty-five |
specifications. Some of these are |
Items taken from a petition of the |
grievance committee of the Boston |
iiar association; others were formu-
lated by the attorney general.
some are virtually the same as
those on which Mr.. Allen is seeking
the disbarment of Daniel II. Coax
ICY, of Boston, an attorney. who
was mentioned frequently in the
proceedings that resulted in the re-
moval last fall of Nathan A. Tufts
as district attorney Of Middlesex
county.
The second set of charges
against Pelletier, filed November
= l, resulted from a speech he made
at n
this speech, as read by Allen before
the supreme court, the district at
torney was quoted as saying that
he would nolle prossequi the case
Of anyone who would back up"
denial that he (Pelletier) intended
TO resign.
Attorney General Aliens petition
alleged that the acts of Pelletier
rs district attorney since November
10, 1909, when he took office, down
10 the date of filing the charges,
show him to be unfit to hold office.
It charges that Pelletier conducted
ais office in an unlawful and
manner"
Pelletier is said in the petition to ..
ave failed from improper motives
o prosecute Merrill W. Shute after
,hutes indictment on the charge of
$4,000 from Emma F.
Bracket, of Bangor, Me.
Coakley and William j. Corcoran,
former district attorney Of Mid
llesex county, are named as among
hose with whom Pelletier Is al
eyed to have conspired. MIR. Allen
harges that the district attorney \
with Coakley and others l
o extort $20,500 from the Emerson r
Iotors company, to procure the s
abandonment of threatened GRIM Il
nal prosecution.
Pelletier is further charged with {
Iaving conspired with Coakley to 8
tempt to extort $4,000 from
Warren C. Daniel, a dealer In Sc O
urities, by threat of prosecution. v
is charged also In the 4
ase of Dorothy Cote, who, 1t Is al /,
eyed, was forced to abandon suit g
or conversion of an automobile by H
imilar threats. h
Mrs. Eliza beth Chase Emery,
aughter of a Worcester county r
figures in the charges, +
a specification that Pelletier con-
pired with Coakley. Corcoran and
theirs to extort money from her,
urtis w, Emery, her second hus-
and, and Mrs. Jennie s. Chase,
err mother. X
Conspiracy to frighten Albert 7. u
NTH into paying $37,500 as ali j
lony to his wife, Agnes l.. Smith, d
nd abandonment of prosecution X
Zainst Smith after thesmoney was pI
aid. also are charged. In this N
)nnection, the attorney general al
ges that one-half the $4,000 ALI
ony was claimed by Coakley as dr
contingent fee. II
When these charges were first w
led, Pelletier asserted that Mr.. III
lien had acted to discredit his so
Indidacy for mayor, which he was -
aiming to make public the next
w. Pelletler withdrew from the 4
ayoralty race on December 2. 4
On November 20, Pelletier at u
cked as unconstitutional the
atute under which the original B.
oceedings were brought, contend
g that inasmuch as he had been
ected to office he was removable
lily through impeachment pro- or
edings. He said the law giving -,
ajority OF supreme court justices AZ
Iwer to remove district attorney -
ter a hearing conflicted with the :
urteenth amendment to the fed
al constitution. He .petitioned
e court for a writ of prohibition
straining further action on the
iginal Information. Two days Y
Ter Justice De Courcy ruled that
e court was without Jurisdiction
issue such writ and dismissed
Q petition.
Pelletier has been district ettor-
v of Suffolk county since Novem-
r, 1909. He, filled out the unex-
red term of the late John B.
bran and was subsequently re-
,cted for successive terms.