Show district court i reporter deporter Be porter 1 FRIDAY dec 3 11 am court met in the social hall pursuant t to 0 adjournment after reading the record the motion of D H burr esq to disbar james ferguson r esq was called up mr ferguson filed a demurrer to the first I 1 charge in the motion mr N ar burr declined to argue the demurrer whereupon the court diverted direr ted mr burr to make a more specific statement and insert the words spoken boken in the charge of slander mr air ferguson stated that he would stig suggest gest without the least disrespect either to the court or any member of the bar that mr air burr have permission to withdraw his motion and file at ar mother hother as so many amendments had already been made or ordered that scarce a trace of the original would be found in it his honor said that in the investigation of a q question 3 of so delicate a nature be would not hold either parta to technical rules rulef and directed the amendments made atthe request of mr fergnson ferguson the clerk was ordered to prepare a copy of the amended motion to be furnished to mr air ferguison and the tiie motion continued till monday dec 6 at I 1 J 11 am the cau court rt adjourned till alunday monda dec 6 at llam liam 1 am i il i al MONDAY ONDA Y december G 6 58 a 11 A M ea met pursuant to ad adjournment i ourn ment A after fter after the reading of the record I 1 the lie tie motion to disbar jam james e s ferguson i esq was tak taken en it up p the following g is the amended emption as shown anthe on the record UNITED STATES di STRICT COURT J JUDICIAL DISTRI district cr U TER S the undersigned undersigner under signed david H burr one of the attorneys of said court comes and moves the court that james ames ferguson one of the attorneys of this court be disbarred dis barred and his name be stricken from the roll of atto attorneys 4 orneys of the court and for cause a F first FIEST that the said james ferguson at the february term of said court 1857 with the intention and for the purpose of or injuring the said david 11 buri burr who was then one of the attorneys ot of said court filed in said court a motion to disbar the said david 11 II burr and for cause alleged the following false and slanderous reasons for i repeated unwarrantable con tempts of court during the present session 2nd and that be he is an avowed enemy to the people of the territory of utah and ind their best interests and consequently is 13 not safe counsel with whom to entrust the interests of any party havin bavin having 11 a case to be tried in any odthe of the courts of the territory 3rd ard that he is a dishonorable creature and has falsely represented the situation of the people of the territory for the purpose of causing vexatious differences between the parent and territorial government SECOND that the said james ferguson fergnson for the purpose of sustaining said motion in in open court made the following false slanderous and dei del defamatory amatory representations of and concerning david H burr and his big family to wit that david H burr was a man of baj bad character unfit to associate with gentlemen and further charged that said burra family were engaged in jn keeping a disreputable house in the city of washington which slanderous matter hethe bethe he the said ferguson averred to the court he was ready to prove THIRD tn a sald said a id james ferguson at said teri terl of said court did by jh threats endeavor to influence and intimidate george P stiles then presiding as judge of said court in the discharge of his duty and by threats of personal violence upon said judge did endeavor to impede and obstruct the due id ministration administration of jn justice stice atice in said court the undersigned undersigner under signed avers in support of the charge charged last aforesaid that said james ferguson in open court coart and in the presence and hearing of said jud ludge judge e said that if said judge would not decide a question in regard to the jurisdiction of said court then pending before the court a particular way he be would take him out of his seat damned quick and that be he had bad the boys there to do it for which several matters the undersigned undersigner under signed asks the granting of this his motion signed DAVID H BURR bonn atlue copy from the original amended motion sno bno tu tl on n file in V my office DAVID A BURR cl clerk erk U S dist court ad jud di dist st gge tos avgi reading of the amended motion 1 of D 11 birr burr E esq mr mr ferguson fergson stated to the coulty Court that the specifications being e f ing new and the motion entirely original he would require the motion as amended sworn to mr burr came forward and swore to his motion accordingly the th e general issue was next ordered by the court mr ferguson wished to plead a special demurrer to the motion as amended and was overrule dby the court the general issue was again ordered mr ferguson arose and said I 1 MAY IT PLEASE THE COURT under the indulgence of your honor I 1 will make a few remarks in probably an irregular manner in in regard to the motion of mr burr I 1 do so with the mare more freedom as your honor has kindly intimated that in an investigation so delicate as the present motion called for you would not hold bold the parties to technicalities itis a matter of some r surprise ur prise to me roe your honor that I 1 should be held hold to defend my seat as a member of this bar on charges such as those contained in the he motion even as amended in regard to the first charge if it is the intention of your honor to open the records of your predecessors court Cour coultas tas as you must do to investigate this charge then I 1 shall ask that the whole re cordi corri be thrown open to the court for my own defense I 1 shall call up the full history of that court it is a history the honor of the department it represented I 1 would fain not recall I 1 would not recall it for the jimr simple simpie le reason that among your predecessors 0 only 13 one is found who maintained in his co court urt that order and dignity which have so eminently characterized the present term the exception I 1 refer to is my honored and lamented friend judge shaver peace to his ashes but your honor when that record is once opened the first question before this court must be the legality of mr air burrs burra expulsion if the charges preferred by me at the time of his h Is expulsion and introduced into bis big present mo tion are correct then was his expulse expulsion 1 0 ril legitimate and he cannot prosecute the motion further but in whatever light the first two charges are viewed by your ho northey resolve themselves into personalities solely between mr burr and myself which five minutes letter writing and apologies could have at once and anti finally settled if the he sayings and pleas of attorneys for five years past are to be called up before this court where will the matter end who will escape if every lawyer is is made responsible for what he be says in court recurring recurring L to the second charee charce I 1 can only say that I 1 was astonished when I 1 read it I 1 knew nothing of mr air burrs family I 1 knew not at the time that he had a family I 1 made no such observations were ten thousand sworn witnesses to testify in support of the cha charge g e my ten thousand answers would each be a an unqualified unmitigated emphatic negative it is not my province I 1 am not capable it is not a native trait in my character to obtrude myself over the threshold of any a ny matis mans domestic circle and insult insul t his household gods I 1 have never done it the absent family of my bitterest enemy was ever sacred if I 1 could ever have stooped to such a thing I 1 confess your honor I 1 was not at the time in my right senses such a condescension would indeed entitle me to expulsion not only from this bar but the society of gentlemen I 1 would respectfully suggest then your honor that a batterso mat matter terso so delicate delicie which can be productive of no possible good and which for the sake of the absent ought to be omitted be at once struck from the motion in regard t to the last charge it is a matter of surprise e to nie me that your honor should call up tip that portion of the acts of your predecessor which I 1 suppose could be only officially personal with himself I 1 had bad supposed your honor that every judge held in his OWR bands the rod to punish con tempts in his own court and that they were not matters of which his big successor or any future court could take official cognizance that I 1 might have hake been guilty at the time timp referred to of cont contempt empt I 1 will not enair entirely L den deny y that every lawyer who vibo spoke during that term ought to have been fined I 1 fully bi believe e the judge would have been honored for doing so I 1 understand your honor that a paper filed byar by mr burr with judge Stil sand which was in part the foundation of my charge against him for contempt is missing or at least is not spread upon the record that paper is I 1 important t evidence to me and I 1 ask for its production in court before I 1 sit down permit me to 0 o bri brief emmly lly nc acknowledge how bow much I 1 feel indebted to your honor for the calmness and order which have hitherto been mani manifested rested through the investigation of this most delicate queston question allow me also to assure you that as I 1 sincerely wish the invests investigation atlon to continue in the same cool fair manner till the end should my hot native blood at anytime obtain the advantage takeso so far as to lead me to indiscreet remarks the least hint from your honor will call me to my senses in a moment mr air burr said that bathe he wag was not in court when mr ferguson made use of the language refer ed to in his motion but was informed by those who heard beard it mr ferguson then made oath that he could not consistently go to trial tria I 1 on the last charge without the evidence of geo gen P stiles and Al irelius miner the motion was hen then ben continued and the court ad adjourned burned till monday the at 11 a m RJ the most quiet place I 1 know said zekel Js Is IV in mississippi there no quarrel nor nor fighting in the streets if a gentleman insults another hes quietly phot shot down and ard that is s the lat lait of |