Show boreman VS bates tim THE SEPARATE SN AND ll 11 st VERAL veran ANSWER OF GEORGE 0 6 BATES ESQ TO JUDGE judan OBDER ORDER obder order CITING HIM hh 1 TO strow 1 CAUSE I 1 territory of in the matter of utah in the il jf 1 0 I 1 second dis triet court of and said territory gie gic GEO 0 C BATES beaver coun I 1 J ty beaver county ss the separate and several answer of george C bates esq esq attorney and aud counsellor at atlay law lay to the rule ruie entered in this court of the ibe lath of february 1875 requiring dimito him to show cause on the first monday of april next waybe why he should not be punished as for a contempt and be prohibited from practising practicing his profession in said court courty by reason of professional misconduct and delinquency and insolent behavior respectfully fully unto the lurt burt court ithac 1 that the acts stated and set forth in irr said rule constitute no contempt or cause for punishment under the laws of utah that they do not amount to zor derly eon contemptuous or insolent behavior towards the judge of said bourt court while engaged in his official duties at chambers 2 that if it the facts charged in said rule constitute a contempt under the statutes of utah then theli the sole an donly and ana only punishment t h ar e nuz nun r is by alne not exceeding two hundred dollars and imprisonment not more than five days 3 that said rule is multifarious and de murable in requiring w dent td t answer first for a corl cori contempt and second to show cause why he should not be prohibited from practising practicing his profession charges for which distinctive forms of trial evidence and diverse jud judgments 9 are prescribed by law 4 that respondent has hever never been admitted to practise in this court but having been licensed by the sup rup supreme court of the united states slates co to practise in all united states coutts courts and also licensed in the supreme court of the territory of utah to practise in all courts of this territory by virtue thereof by the rules of said supreme court he is entitled entitle Etto to practise in this court until such puch licenses are revoked by the granting granli fg them 5 that by the statutes of utah approved march ad 1852 1952 I 1 it is provided that the right of being heard by y self seif or counsel shall not be denied to any person claiming a trial as plaintiff or defendant t in any court in this territory ry and it shall be the dut delv of all judges of courts of this territory to grant a heaning hearing as counsel to any person of good moral character chosen ty by any person or persons to prosecute or mend defend a case in which he or she bhe is 18 a party that sal sai baid said 11 petitioners petition ers did choose and retain ais mis this respondent and his varther partner to be bo their counsel counsil in december last that respondent h has prepared their cases caseb for trial examined alithe aalthe evidence and witnesses and that his partner i sutherland knows little or nothing of the facts or evidence to ie be produced and that no other person in utah has hak examined into hito the mony and evidence forthe for the defence or is prepared to prosecute the same except respondent and this respond respondent gut put saving and reserving unto himself all and all manner of exceptions to tb and the benefits benefit of the above allegations rf law in the tha same manner and to the same ex extent as if ff set forth dorth by a special demurrer to tohaid said sald rug rule ruie and to of this court further answers under oath as to the facts 1 that he never in any manner at any time br place counseled or advised ad the defendants mentioned in tho the petition tion referred to in the xu rule nule 16 or either of them to depart beyond jhb the jurisdiction TJ utah tah tab and that ho he never neven bar saly sar held converse with them or advised them or either of them to conceal themselves to go or stay beyond the J jurisdiction uris diction of this court or avoid its process 2 that in filing the petition motion set forth in said rule his sole object and purpose was to insure a speedy trial in this court of the several indict indictments mems meWs against petition petitioners erb ers to remove oll all obstructions and hindrances thereto that he neither intended purposed meant to treat the court or with insolence insult dla dia respect contempt on the contrary h e acted 9 in berfect good gooc agith faith from the purest motives mot luca ivea and had ho he had an opportunity at salt lake iu in an interview which he be bad with the judge he would have stated the whole matter orally to him and was waa only prevented from doing so by an interruption respondent spon dent disclaims ono athin the most solemn manner all thought purpose or intent to treat this court or its judge in a disorderly coe con con insolent manner nor did he suppose it possible that the ang pie petition presented motion made an and dIetter letter endowing tae the he same coula could A construed as desres mate or improper 3 that if said petition motion and letter are capable of any such legal construction as are given to them by the judge respondent is now utterly unable to comprehend iland it and disclaims all purpose intent or desire to treat this court andeits and its judge in any other manner than with the most moat respectful deference dignity and decorum 4 that jabez G sutherland buthe rland his partner rhad had no part nor jot ob in jn the preparation of said papers was utterly ignorant of their contents that the sole and en entire tire responsibility for filing sud laid petit petition loni ioni motion and letter ietter rests upon respondent and punishment should be on him alone if punishment there bo be wherefore respondent prays that the said paid rule may be discharged and he will arill ever pray etc GEO JEO 6 C BATES J in rn pro persona SALT lare LAKE COUNTY ss 88 george 9 du duly 1 l y sworn dep oseth and saith baith that 1 I drafted the thel foregoing petition edition eti etl tion that the same con container contained talner the truth the whole truth and nothing but the truth so help me god GEO C BATES nates sworn to and subscribed f t ls S before me this ath day J of march 1875 JULIA ac K sutherland notary public |