FARNSMTH FILES A SENSATIONAL AFFIDAVIT Attorney Rolla S. Farnsworth this morning filed a sensational affidavit with County Clerk Rainey, to be U3ed as the basis of a motion for relief thi, afternoon before District .ludge Arthur F. Pratt, in which he charges Attorney Attor-ney Charles R Hollingsworth and former Deputy Clerk John V. Bluth I with "Irregularities, procedure snd practice," in filing the remittitur of the supreme court in a lawsuit In which Mr Hollingsworth was counsel for the plaintiff and Mr. Farnsworih was counsel for the defendant The case was sent back by the 3uprcnoe court for a new trial and the remittitur was filed by Mr I lollincsworth Oc'o-ber Oc'o-ber 31, 191G Mr Farnsworth declares he was not notified as the law re quired and the interests of his clicnis suffered. Statement on Oath. Mr Farnsworth shears that on De-j De-j cember 22 Attorney Hollin;iswor'h obtained ob-tained from the clerk's office and pte. sented for payment a ehecK for 4d. which was the defendant's ex. hiblt in the hill of exceptions rnd record on appeal and judgment of the supreme court ordering a new trial f' i the exclusion cd the check amorg other evidence hy ihe trial "tin. The check was presented as a tender of payment belore the suit, swear Mr. Farnsworth, but was refused, and when the appeal was filed in lanuary, 1916, the defendant notified the Frst National bank that an appeal hod been taken and not to pay the check. Makes a Discovery. As soon as deiendanl learnei that "defendant had taken the said check out of the file," the affidavit aveis. he went to the office of the clerk and John V Bluth, a deputv. showei him the check, "attached to its former I plaee in the bill of exceptions, which was part of the record on appeal In said action." He swears he examined the check and found it had been al- tered since the trial; that it wai in 1 dorsed by C. R. Hollingsworth as at- I torney for the plaintiff, and it v-as fur-ther fur-ther marked on the face ihat payment ' had been stopped To keep tne tender good, he swears he deposi'ed with Deput Bluth $326 4u in ash. He swears he also asked Rluth why he j allowed Hollincsworth to remove ''o1 check from the files and to alter It, OT cause it to be altered, that Bluth said It made no difference, that it was no longer an exhibit, that the case now . stood for a new trial, just the same I as if there had been no trial it all. Subsequent Proceedings. Mr Farnsworth swears he then pre. pared a cosl bill and tiled II with the clerk and a copy with Hollingsworth; that the cost bill was served and filed about two hours after he learned the remittitur from the supreme court h.nl been filed; that he didn't knov the remittitur had been filed until he learned of it through the withdrawal of the check. Mr. Farnsworth swears the remittitur remitti-tur from the supreme court was tiled ! without his knowledce and without notice to the defendant; that it was ! the duty of the clerk to cause -ill cases for trial to be placed upon the calcn. dar, and that notice be given to atlor. neys of the time such cases would be set for trial; thai this case was not called for selling on any calendar un, til December 22. when the defendant, after filing the costs, asked ihe court to place the case upon the calendar for trial. Secret Filing Charged. Mr. Farnsworth further swear.' 'That if in addition to the secret filinp of the remittitur the clerk had not withheld said cause from the list rf cases to be set. for trial, and had not failed to give such notice, the deponent de-ponent would have known in Novein. ber that the remittitur had been filed and would have filed the defendant's cost bill " No Docket Entry Charged. .Mr. Farnsworth tuither charges that in entering the Judgment of ihe supreme su-preme court In the judgment duckel of the district court the clerk tailed lo ajL niakp any docket entry that the de-fondant de-fondant was awarded any cov;, and the docket entry does not nhow any costs were awarded to the defendant upon the reversal of the action, al though the remittitur and judgment expressly award such costs to the do. fendant. Charge Against Bluth. Mr. Farnsworth swears that Deputy Bluth told him the defendant was not entitled to any costs and "assumed to determine the whole question oi costs without the order, direction or judgment judg-ment of the court;" that B!uh was apparently aiding and assisting At'or-ney At'or-ney Hollingsworth in obtaining undue advantage ovor lne defendant la, pre venting the defendant from co'lecttng his costs on appeal and to that end mi ned over the said money 10 Hol llDgsworth. Court Episode Related. Mr. Farnsworth further describes a court episode, declaring that when he moved to have the case set for trial, I Mr. Hollingsworth moved lo dismiss ihe action, declaring he had "drawn down the money and had i" in his pocket." to which dismissal defendant objected strenuously, with th" result that ihe court set the case to be neard January " whereupon Hollinuswotih withdrew his motion for dismissal. ili.it "deponent then went tJ the Clerk's office and filed the defendint's precipe for Judgment for costs, which judgment the clerk refused to enter and tiled the plaintiff's precipe ahead and instead." By reason of these alleged acts on the part of Deputy Bluth and Attor-063 Attor-063 Hollingsworth, the affidavit de- lares, the defendants cause sunered BerlOUB loss and he now asks t I be relieved From the default, (hai the costs bill be allowed, and that too docket entry be amended In accord-am.' accord-am.' with the alleged facts and judej-tnent judej-tnent of the supreme court. New Rules Now in Effect. The new rules of procedure adopted by District Judges Alfred V . gfS I and Arthur I. Pratt are particularly intended to prevent just this kind cf trouble between attorneys, or botwe-en plaintiffs and defendants. ( nder the new rules the clerk's procedure in notifying attorneys of cases set for trial and of other ctrenm stances bearing upon the trial is specifically speci-fically set forth and every attorney may know, without asking the clerk, I the status of his cases in court. There are one or two features da-scribed da-scribed in the affidavit which, lr sustain. sus-tain. l. will probably result in the amendment even of the drastic new i uh s to assure a square deal lor oery. one concerned in litigation