Show TE DUSENBERRY CASE E Ground For a Reversal By the Supreme Court preme 4 I I REMARKS OF THE COURT + RESPECTING DIGNITY AND HONOR HON-OR OF THE JTJDIOIAET t A New Trial Granted In Utah Optical Op-tical Company V Keith et a Eugene Guilty of Grand Larceny Two Divorce Suits Filed William Wil-liam Sims Dismissed Notes + The supreme court yesterday handed down an opinion In the case of Edward I Whipple appellant vs William Preece Joseph Tolllver Leslie Ashton Ly curgus Johnson A X Johnson and Sullen Johnson revering the judgment Judg-ment of the district court and remandIng remand-Ing the case with directions to the lower court to grant a new trial This is the case In which the appellant ap-pellant relied for a reversal on the alleged misconduct of Jude Dusen berry who presided at the trial I brief that Judge was alleged lathe bref Dusenberry was drunk at the trial and entirely under the influence of the attorneys at-torneys for the defendant made practically practi-cally all the rulings in their favor gave no instructions to the Jury except handing over to them the written requests re-quests of the defendants and refused the requests of the plaintiff The action was brought to recover property sold under an execution and alleged to have been wrongfully converted con-verted The supreme court opinion was written by Chief Justice Bartch and concurred in by Justice Baskin and District Judge McCarty I says in part The charges are of so grave a character that we refrain from quoting the affidavit lest injustice might result by so doing and fearing that some of them may have been made without due consideration by the affiant Especially so since some of them appear to be controverted by counsel for the respondents pondents in their brief Were It not for the apparent candor In which and sincerity and feeling with which this matter has been argued by counsel on both sides in their briefsl we would be constrained to pass the affidavit in silence owing to the depressing effect which n Judicial Judi-cial discussion of such questions must have on the populace In their respect and confidence in the judiciary of the I state and country and to the high respect and consideration which is due from us to the judges of inferior courts and to the protection from unjust un-just assaults upon them In this court which is due from us Under the circumstances cir-cumstances however and in the absence ab-sence of any denial of the truth of the charges by the judge or action by him in the premises it becomes our solemn duty to express our unqualified disapproval of such conduct on the part of a court as is set forth in the affidavit Due respect for the exalted position proper regard for the welfare of society security to human rights and liberty as well as every principle of Justice command this of us I the chane are untrue the attorney making mak-Ing them ought to be promptly disbarred dis-barred if they are true which we do not assume to say then the court portrayed his own disapproval and i condemnation Beyond this we have i no power in the premises It is all important that rhrm purity and integrity I In-tegrity of the bench should be preserved pre-served that the high character which the judiciary has always borne should be maintained for It is that that gives stability to government and guarantees guaran-tees personal rights and liberty The opinion then goes on to state that in times of exigencies the people have turned to the judiciary with confidence that the law would be administered ad-ministered with fairness and ability unclouded by improper motives In conclusion the opinion says that the court is not prepared to say that the jury was not misled by the action I of the court and therefore a new trial is granted I |