108 Wis. 441 | Wis. | 1901
Upon the verified petition of James Q. Flanders and four other lawyers of Milwaukee, made November 25, 1898, tbe defendant, John C. Keefe, was, on December 9, 1898, ordered by the circuit court for Milwaukee county to show cause before that court on a day named why his license to practice as an attorney in the courts of this state should not be revoked and he be disbarred. Such petition charged, in effect, that in 1897 the defendant, John C. Keefe, was indicted by the grand jury and tried in the
The defendant answered such petition by way of admissions, denials, and counter allegations, and, among other things, admitted that he had been convicted in the United States district court of having retained a certificate of pension, but claimed that it was not criminal, and at most was malum prohibitum; and further alleged that his several affi
The issues thus formed having been tried in the circuit, court January 31, 1899, that court made its findings of fact and conclusions of law therein J uly 11, 1899, to the effect that the conviction and sentence in the United States court was for a statutory misdemeanor only, was committed by the defendant when he was not aware of the statute creating the offense and hence was not guilty of any conscious- or intentional violation of such statute, and therefore was not sufficient ground to revoke his license to practice as an attorney in the courts of this state. The court further found that the action commenced by the defendant against Furlong in August, 1895, was tried in the superior court of Milwaukee county, and as a result of such trial a judgment was entered therein February 25, 1896, dismissing the action, with $239.59 costs; that, a bill of exceptions having been settled and signed therein, the same was filed with the clerk of the court therein April 25, 1896; that May 1, 1896, the defendant herein filed with such clerk an undertaking in the form required to stay proceedings in case of an appeal to this court; that on or about July 29, 1896, Furlong’s attorney issued an execution on such judgment against this-defendant for the collection of such costs; that August 1, 1896, this defendant procured from the judge of that court an order to show cause why such execution should not be-revoked and set aside, returnable September 12, 1896; that such order to show cause was heard by the superior court-September 19, 1896, at which time the defendant herein submitted to that court in support of such motion the three several affidavits made by himself, one of which was sworn to by him August 1, 1896, and the other two August 29, 1896, in each of which he stated on oath, in substance, that pro-
The court further found that such statements of the defendant herein in such affidavits were false, and were known by him to be false at the time they were so made; that it was not true that notice of appeal from the Furlong judgment was served, either on Furlong’s attorney, Eschweiler,
And as conclusion of law the court found, in effect, that by reason of such false statements in his said several affidavits, knowing the same to be false, with the intent and for the purpose of deceiving the court in respect thereto, and having falsely claimed and insisted before the superior court upon the hearing of such motion, as stated, that the
Upon such findings it was thereupon ordered and adjudged by the circuit court that the defendant herein, John G. Eeefe, be, and he was thereby, forever disbarred from practice as an attorney at law in this state, and that his name be stricken from the roll of attorneys of the circuit court, and that his license to practice law as a member ■of the bar of this state be revoked and annulled. Erom that order and judgment, and the whole thereof, the defendant brings this appeal.
This court held several years ago, in effect, that, in order to disbar an attorney, the charges of professional misconduct must be established by a clear preponderance of satisfactory evidence. In re O-, 73 Wis. 617, and cases there cited. That case has been cited approvingly in other jurisdictions. Boston Bar Asso. v. Greenhood, 168 Mass. 183; In re O'Connell, 174 Mass. 253, 262. As stated by that court and standard text writers the “ primary purpose ” of such a proceeding “ is not punishment, but the preservation of the purity of the courts, and the protection of the public from attorneys who disregard their oath of office.” Id., citing numerous
According to the findings of the trial court in the case at bar the attempt to deceive the court consisted in making and presenting to the court false affidavits as to the pretended service upon Furlong’s attorney, Eschweiler, and the clerk of the court, A. W. Hill, of a notice of appeal to this court, April 25, 1896, from the Furlong judgment, on a motion to set aside the execution issued thereon July 29, 1896; and also falsely pretending that Exhibit E, found in the clerk’s office among the papers in that case after the day and year last named, was the notice of appeal he served on A. W. Hill April 25, 1896. The important question is whether such findings of the trial court are sustained by a clear preponderance of satisfactory evidence.
Eschweiler, as a witness, flatly denies that any notice of appeal, or copy thereof, from the Furlong judgment, was
The most serious difficulty with the contention on the part of this defendant is the inconsistent and contradictory statements of the defendant under oath. In his affidavit of August 1, 1896, he stated, in effect, that on or about April 25, 1896, proceedings were had whereby the action 'was appealed to this court; that notice was given to Eschweiler that the action would le appealed; and that the appeal was duly perfected, and all necessary steps taken. The order to show cause was based upon that affidavit, and yet it is manifest that it failed to state the facts requisite for the taking of the appeal. The substance of his two affidavits of August 29, 1896, is given in the statement of facts. In one of them he states that he personally served the notice of appeal on Esch-weiler by leaving a copy of the same in his office April 25, 1S96; and in the other he states that he personally served the same on Eschweiler in his office April 25, 1896, by then and there delivering to him and leaving with him a copy of the notice of appeal and a copy of the undertaking. As a witness in his own behalf, the defendant testified in this action to the effect that April 25,1896, he served a copy of the notice of appeal and two bonds on Eschweiler in the office of the clerk of the court by laying them on the desk and saying, “Here is the notice and bonds; accept them; ” that
Without going further into details, we must hold that the findings of the trial pourt are sustained by the clear preponderance of satisfactory evidence.
By the Court.— The order and judgment of the circuit ■court are affirmed.