Show A nOT TIME IN COURT A Contingent Fee and a Son of the Judge ZANE RETIES FROM A CASE I I And I Is Suggested That His Son John I He Removed IOYcd I Tho tatters Instilling and Abuslve Conduct Con-duct Toward Mr Williams Unexpected Unex-pected Developments in the Classman Case Notes The damage suit of William Glassman against the Oregon Short Line and Utah i Northern Railroad company took an unlooked i un-looked for sensational turn yesterday and the upshot was that Judge Zane retired re-tired from further hearing of the case I and sent it to Judge Bartch A son of tho chief justice who is one of the attorneys at-torneys for the plaintiff and who has gained a somewhat unenviable reputation by the manner of his conduct in court also contributed I sensational chapter to the proceedings and Judge Bartch was asked by the opposing counsel t order his removal from the court room but the request was not heeded After Judge Zrne had ordered the hearing hear-ing to proceed Mr Williams attorney for the defendant stated tnat he wished to ask Zane a few questions before proceeding proceed-ing Zane took the stand and Mr Williams asked him if his lee fr the case was contingent con-tingent upon the recovery Zane replied that he didnt know as his partner had taken the case in his absence and had not informed him as to the mode of compensation Mr Williams then objected to the hearing hear-ing proceeding before Judge Zane on account ac-count of the question of whether or not there was a contingent fee arising in the case and an account of the blood relationship re-lationship existing between the trial judge and the attorney for the plaintiff Judge Zane then said that i any objection ob-jection was made on the ground as stated by Mr Williams he would not proceed with the case and would not have taken it had he known that such up I question might arise John 11 Zane left the stand at this juncture and later informed Williams that his fee was not a contingent one Mr Williams replied that he had not so testified when on the stand and he preferred to take the word of some one else Zane I will furnish the statement of my client Williams Your client i impeached in this case But I will take the word of Mr Putnam Mr Zaue Well your honor we want the costs in this case taxed against the defendant Counsel has waited until now to make an objection which ho know would prevent your honor from proceeding proceed-ing with the case whether it was tenable or not Mr Williams The question only occurred oc-curred to me after I had left the courtroom court-room last evening Judge Zane Well I prefer not to pass on any of the e questions The case will now go before Judge Bartch and they can be raised before him Judge Zane then left the bench and communicated with Judge Bartch in the chambers In I few minutes the latter entered the court room and took Judge Zanes place John M Zane then made a statement of the case and asked leave to amend his complaint by eliminating the charge of negligence in order to base his recovery on the statute This was allowed and Mr Williams moved for a continuance and alter a long argument it was allowed Zane then asked that the costs be taxed against the defendants but Mr Williams demurred on the ground that the plaintiffs plain-tiffs amendment was responsible for the continuance and that the cost should be taxed against him Judge Bartch declined to pass upon the question at that time and asked the attorneys at-torneys to come in at 2 oclock when he would make a ruling SENSATIONAL PROCEEDINGS At the latter hour the attorneys were in court and a very exciting scene followed Zane desired to put his partner on the stand to testify with relation to their fee stating that M Williams had said that he had been informed that the fee was contingent upon recovery Mr Williams contradicted this by say ing that he didnt claim that he had been so informed but the thought had occurred oc-curred to him after adjournment Monday Mon-day evening and he had acted upon it Zane declared an undertone that Mr Williams had led and the latter started toward him saying Do you mean to say that I have led Zane answered that he did and drew his cane at the same time applying an insulting epithet to Mr Williams and declaring that he would break his head Mr Williams then called the attention of the court to the disgraceful conduct of the young attorney and thought that he should be put out of the room as he was turning the court into I bear garden and advised Zane to go out into the hal if he wanted to raise a row Judge Bartch recovered his power of speech by this time and refused to rule on the matter of costs saying that it could be determined upon a final adjudication of the case Zane then started out of the room and something was said by Zane to Mr Williams about following The latter also left the room and as he entered the hall Zane made another insulting in-sulting remark and Mr Williams said Will Zane all I ask of you is to try and be a gentleman Zane replied that he was born a gentleman gentle-man and Williams retaliated by saying that he was a scoundrel or words to that effect Further hostilities were then prevented by a score of friends getting between the beligerents who separated and went their respective ways |