The Barre daily times. (Barre, Vt.) 1897-1959, 1922-04-17
ONLY AN HOUR
WAS TAKEN BY
s PROSECUTION
In Declining to Grant Jury
Trial Judge Jenny De-
clared That 1t Was Out
Of the Province of the
Court to Grant the Re-
quest" mot My Day in
Court" Said Coakley

Boston, April l7.-Proceedings fo
the disbarment Of Attorney Daniel II
Goakley opened and closed within al
hour to-day.
After Coakley was refused jury
trial, he withdrew from the case ant
the Boston Bar association introduced
as the only evidence against him q
transcript of testimony from one phase
Of the recent trial of Nathan A. Tufts
who was removed as district attorney
of Middlesex county. Supreme Court
Justice Charles J. Jenny then took the
petition for disbarment under consid-
GRAFTON.
Attorneys for the Bar association
announced that they would endeayor
to bring up the petition for the dis
barment of Joseph c. Pelletief on FRI
day. pelletier was recently removed
as district attorney Of Suffolk county.
Mr.. Coakley, reading his own motion
for jury trial. said that one of the
justices who had heard the testimony
in the Pelletier and Tufts trials could
hardly give him fair day in court"
1t is not hearing that il offered
me" he declared SIT is q lockout"
Mr. Coaklcy asserted that he had not
been witness in the Pelletier trial
and. therefore, had no opportunity to
clear his name of its association with
the charges brought against the for
mer district attorney. He said he
wanted an opportunity to show that
he was not guilty of conspiracy and
that he was confident an impartial
tribunal would exonerate him.
Justice Jenny, in denying the mo
tion. said that the courts jurisdc-
tion over the hearing was by statute.
"This court is not desirous of hav-
ing jurisdiction in matters of this
kind" said the justice. 1T neither
created this jurisdiction, nor can I'll
destroy it,
When the court announced that the
motion was denied, Mr.. Coakley said
Having a heartfelt belief that
cannot now get my day in court, !
withdraw from this hearing and am
willing 10 let. the proceedings take
their course
Coakley's name figured in the trials
before the full bench of the supreme
court as a result OF which first Nathan
A. Tufts, and later Joseph G. Pelletier
were removed as district attorneys re
spectively of Middlesex and Suffolk
counties. The charges made in support
of the plea for his disbarment followed |
closely the disclosures made at these
trials that he had received large sums |
in cases that were held TO involve ex
tortion, and irregular Indictment and |
abandonment of prosecution.
Mr.. Coakley's motion was in the 4
form Of a plea for continuance pending |
decision by the legislature on Dill 1
giving power to transfer disbarment
cases from the supreme to the superior
court.
Justice Jenny, in denying the mo-
lion, said that tAe courts jurisdic-
tion over such hearings was BY stat
ute. but that no bin had been re-
ported TO the present legislature TO
place such cases on trial before a SUI
pgior court jury. The justice said
that the time for filing legislative pe
titions had elapsed.
1T has been known for weeks that
this case was likely TO be set down"
he added.
The petitioners rested after present
ing transcript from the Tufts trial
relating to the Stearns divorce case.
In this instance Tufts was charged
with conspiring with Mrs. Charles T.
Stearns 10 entrap her husband. Cap
tain G. Stearns. now Of Grand Rapids.
Mich, with another woman 80 that
she might get divorce and with fail
ing TO prosecute Stcarns after be had
been found with the woman. Coakiey.
calied A. witness in this allegation.
testified that he had never commuui.
rated with Tufts conccrning the
>tearns case. he said Mrs SfeArns
had consulted him relative to a di-
oree and that he later INSTRUCTED
detective t. follow the captain. lie
denied an attempt % eufrap Stearns.
Tufts was found guilty on the rou
.pirsey charge, but NOT guilty 81 fail
lrc o. prosecute.