Evening journal., 1922-07-11
BEGIN HEARING
OF ADAIR CASE
Court Denies Motion to Dis
charge Rule Against
Lawyer
UNPROFESSIONAL
CONDUCT ALLEGED

the New Castle County Bar Asso-
citation was started before Chief JUS
tice Pennewill and Judges Rice and
Rodney in Superior Court this morn
ing. Charge of improfessional con-
duct are filed against Mr.. Adair, who
was admitted to the practice OF law
in the State in 1895.
Robert H. Richards and David j.
= Reinhardt appeared for the Bar AS
sociation. and Robert G.. -Harman
represents Mr.. Adair.
Mr.. Harman opened the matter
this morning. moving for the dis
charge of the rule. He claimed
that the proceedings we're irregular
Illegal and void, and without due
process of law. He set forth that
two of the three cases cited against
Adair occurred more than eight years
ago, and that at that time no charges
were preferred against Mr.. Adair by
anyone concerned in the matter.
Mr. Harman declared that no
charges had been made by anyone
except by the committee appointed
by the censorship committee OF the
New Castle County Bar Association
In violation OF its own rules.
The Long and Satterthwaite
= charges against Mr.. Adsir occurred
in the Court OF chancery eight years
ago and pressing of those charges
should be left TO that court. Mr., Har-
man contended. The attorney de-
clsred il an insult 10 the Court Of
fChancery for this honorable body
10 take cognlzance of them after
= they had been ignored in that court
and AIr. Adair allowed to practice In
that court for more than eight
years"
There Is animus against Adair;
Adair IS being bounded" were ac-
cusations made by Mr.. Harman. He
termed the disbarment proceedings
"damnable affair"
The action Of the censorship COM
nittee was not only not orderly. but
was IN excess OF its authority, the
attorney claimed.
Mr.. Harman claimed that he, at
torney for Mr.. Adair, had not been
notified as 20 the bringing Of the
Adair matter before the censorship
committee.
Mr.. Hsrman decried the hearing
Of the disbarment proceedings in
advance OF trial OF his client before
a Jury in a charge of epoezzlement
in connection with the Dudyinsh
charge against Adair.
Mr.. Reinhardt, in reply. claimed
that the procedure followed by the
censorship committee was proper,
He related part OF the charges. and
maintained that the SStterthwaite
case was not a Chancery Court case.
He charged that Mr.. Harmon had
misrepresented facts in the case
The court denied Mr.. Harman's
motion to discharge the rule.
Mr.. Harman then filed Mr.. Adair's
answer. denying in toto all the
charges against him.
Charles j. Coleman, clerk of the
, Municipal Court, testified TO the
swearing out of warrant by John
Dudzinski on February Is for the
arrest of Mr.. Adair on a charge of
embezzlement. On the following
day Dudzinski came 10 him and ask
ed to be allowed TO withdraw the
warrant which he refused.
Edward B. duRoss testified to
selling real estate al S04 East
Eighth street. property OF his wife. to
Dudzinski for $3.50. Of which Sis
was 70 be paid in cash and $500
was TO remain as first mortgage and |
sS45 as second mortgage. Negotia-
tions began on August %, 1921. and
500 was to be paid on August 81, |
but the time for the payment was
extended to September 3. Dudzinskd
taking possession on August "a.
Dudzinskf said he was ready to
settle on September 7, but Adair
stated he was not ready. Adair
meanwhile had been searching title.
On October 20 and November 7,
Adair gave him checks. duRoss
stated. but they came back from the
bank marked mo good" Adair sub
sequently promised to make the
checks good. the witness said. but
did not do so. duRoss has received
some rent from Dudzinski. but no
interest, he said.
Court recessed until 2 o'clock.
The resolution directing the Bar
Association committee to present the
resolutions before the Superior Court
was passed al a meeting of the Bar
Association last month. The motion
was made by William s. Hilles and
seconded by George N. Davis.
- TIE committee was appointed at
at a meeting Of the Board of Cen /
sors Of the Bar Association on April |
Q. called to consider public rumors
affecting the Integrity Of Mr.. Adair.
The committee made its report April /
zt. After registered letter. notify /
ing Mr. Adsir Of the charges. had /
been returned. a letter was person. /
ally served the attorney by Constable !
Jones
A registered letter, dated June
notifying Mr.. Adair Of a meeting OF |
the board on June 8. was not re-
ceipted and az the meeting the at
torney did not appear and was not
represented by counsel. At that
meeting a resolution was passed that
the charges made by the ipvestigat-
ing committee based upon afidavits
OF John and Raymond Dudzinski
and Edward v DuRoss be referred
20 meeting OF the bar association
with the recommendation that the
association institute and prosecute
legal proceedings against 3ir. Adair.
In, the papers. a letter Is included
from Mr.. Adalr IN response TO the
letters delivered him by Mr.. Jones.
Il am az a loss 10 know why that
letter was sent by county con-
stable and particularly why It was
enclosed in an unsealed envelope"
TIE attorney stated in fha letter He
said in the letter that he expected
10 be represented by counsel
In It's report. the investigating