38 P. 1090 | Or. | 1895
Opinion by
From the testimony as reported it appears that on Abgust first, eighteen hundred and ninety, Cowing filed
As to whether a court can disbar an attorney for the commission of an indictable offense outside of the line of his professional duties, without his first having been indicted and convicted, there is some conflict in the authorities. It is perhaps the better rule that where the crime charged affects the general moral character of the attorney and his general fitness to practice his profession, and is admitted or clearly proven, the court may proceed in a summary manner to disbar him; but when the charge is of « single criminal act, committed in his private capacity, and the evidence is conflicting, and any doubt of the party’s guilt exists, no court should attempt to proceed summarily, but should leave the case to be determined by a jury: Ex parte Wall, 107 U. S. 265, 2 Sup. Ct. 569; State v. Winton, 11 Or. 456, 5 Pac. 337. We have here a case in which the evidence is conflicting, and there is certainly some doubt as to whether Cowing committed perjury, either in the federal court or in making the affidavit in the land office, and under such circumstances this court ought not to proceed summarily to try the question, but should leave the case to be determined by a jury upon an indictment. And especially is this true in the case at bar, for the record shows from the testimony of such reputable citizens of Oregon City as Judge McBride, Geo. C. Brownell, D. C. Latourette, W. C. Johnson, Captain Apperson, Peter Pae,
Dismissed.