In Re Ries
The case was this: On March 12th, 1924, a proceeding was instituted in this court to have Mary Rhodes declared of unsound mind. John F.X. Ries and Ulysses G. Styron appeared as counsel in defense of Mary Rhodes, and all pleadings and other papers for the defense were filed in their joint names as solicitors of record, which was irregular. See In re Stewart, 85 N.J. Eq. 3; State v. Merra, 99 N.J. Eq. 480. They both were, however, her legal representatives in the case. They acted not only as solicitors, but as counsel. After trial, the jury found a verdict of sanity. Afterwards, Mary Rhоdes retained Clarence L. Cole, Esquire, as solicitor and counsel to get back for her from Ries certain property which she had theretofore conveyed to him. The bill was filed May 1st, 1925. Ulysses G. Styron was solicitor and counsel for Ries in this suit, which resulted in a decree being made on June 22d 1926, that Ries account to Mary Rhodes and turn her property over to her, upon certain conditions. An appeal to the court
When the jury disagreed in the second lunacy case and the trial thereby became abortive, it necessarily became apparent to the defense and its representatives that further proceedings would be taken and that another jury might agree; and thereupon, Mrs. Rhodes, the subject of the inquisition, was removed from her home by Ries and secreted, so that she could not be served with notice of the execution of any lunacy commission, in the apparent belief that that was absolutely necessary in all circumstances, and in the hope that that would frustrate them. It did not. Rule 235 of this court requires that ten days’ notice of the taking of an inquisition shall be given to the subject thereof, unless the court, for good reason, allow a shorter notice or dispense with notice altogether. There can be no doubt but that the court, in the peculiar circumstances of this case and the disappearance of Mrs. Rhodes, would have dispensed with such notice, had that fact been brought to its notice. The court controls its own rules, and rule 4 provides that the rules shall be considered general for the government of the court and the conduct of causes, and as their design is to facilitate business and advance justice, they may be relaxed or dispensed with by the court in any case where it shall be manifest
The petition proceeds upon the theory that John F.X. Ries and Ulysses G. Styron, both solicitors of this court, conspired to defraud and take from Mrs. Rhodes all of her property. Ries, as stated, was not served, and so far as Mr. Styron is concerned, it is not necessary to consider and adjudge whether or not he was a party generally, or to all, to that fraud undoubtedly perpetrated by Ries upon Mrs. Rhodes. Incidentally, that matter will be hereafter mentioned, but as Mr. Styron is charged with being a party to the specific act of taking Mrs. Rhodes surreptitiously out of the State of New Jersey, to Wilmington, Delaware, and there and here participating in a transaction whereby Mrs. Woods was, for a consideration, to be induced to drop the lunacy proceeding above mentioned, I will treat alone that subject with reference to the contempt of this court. The facts were these:
Mr. Ries, having been engaged in endeavoring to defeat all of the litigations brought against Mrs. Rhodes and that brought by her against himself, said to Mr. Styron that he, Ries, was almost ready to collapse and wanted him, Styron, to go with him and certain other parties to Wilmington, Delaware, as Styron had been with him through all the litigations, saying he, Ries, was about at the end of his rope and wanted Styron to go as a friend. This is what Mr. Styron says. He also states that Ries said to him on the occasion,
Between six and seven o‘clock, Mr. Ries came with Mr. Styron, and Ries said they would have to go out of the jurisdiction of the court, would go to Wilmington. Mrs. Woods would not go unless Mr. Thomas went along. Mrs. Woods drove down to Margate in Mrs. Wahl‘s machine with Mrs. Franz, Eddie Thomas and her boy. When they got there Ries objected to Mr. Thomas going, and she replied that they were taking Mr. Sweeney and he was supposed to be going for her mother‘s protection, so Thomas went along. The party left for Wilmington about nine or nine-thirty o‘clock at night. Mr. Ries drove one car. In it, besides himself, were Mrs. Rhodes, Mrs. McGilley, Mrs. Ries, Mr. Styron, Daniel Sweeney. In the other car were Mrs. Woods, her son, Eddie Thomas, Mrs. Franz and Mrs. Wahl. They all drove
Mrs. Woods says nothing about any proposed family reconciliation being contemplated, but only the proposed settlement of the lunacy proceeding for $25,000 was the object of the trip, and she also says her mother was eighty-six years old, and stated she never saw her mother at Wilmington except when they were taking her out to the auto to take her back home. There was no reconciliation and none was attempted. It is conjured up as a mere excuse to try to disguise the real purpose of the trip.
Mr. Styron was sworn in his own behalf. He said he had been a member of the bar since 1885, which, if he is guilty, is more to his discredit than his credit. Even if he were just admitted to the bar, this thing, if true, was indefensible. He says his first connection with the case was about March, 1924, before the first lunacy; that he was connected with Ries in defending Mrs. Rhodes, the alleged lunatic, and that he really conducted the cause. His next connection with the matter was when Mrs. Rhodes filed a bill against Ries. He filed the answer for the defendant Ries, and tried the cause. Next, in November, 1926, when the second lunacy case took рlace, he assisted on the part of the alleged lunatic and was himself solicitor of record. There was a jury of twelve men summoned, nine of whom agreed upon a verdict that Mrs. Rhodes was of unsound mind, but three refused to agree and did not sign the return. This provoked the issuance of an alias commission, and the summoning of twenty-one jurors in an endeavor to secure a verdict. It was to avoid service of notice upon Mrs. Rhodes that Ries removed and secreted her. He, Styron, as already remarked, was served with notice of the execution of this commission, and informed the server that he did not represent Mrs. Rhodes, although he was her solicitor of record in the case. He said the very thing he would be expected to say if he were cognizant of the movements of Ries himself, whose friend he was, and for whom he acted as counsel. He says he went to Mrs. McGilley‘s to afford Mrs. Rhodes an opportunity to get other counsel and found that Mrs. McGilley had been served too; that his employment ceased with the termination of the second lunacy
About December 10th, 1926, he received a phone message from Mrs. Ries that Mr. Ries wanted to see him; that he, Ries, was down opposite the high school. Mr. Styron went there and found him in an automobile. He says Ries told him he had just had a talk with Mrs. Woods and said she was anxious to discontinue the proceedings against her mother; that she was ashamed to go around the town and have people say that she was trying to put her in an asylum (which did not follow); said he thought he could get those people together. Whereupon Mr. Styron says he asked how he proposed to do it, and Ries replied that he had made up his mind to take her and her friends and go away over night and have a family reconciliation or reunion. Mr. Styron says he then asked him why he proposed to go away, why not do it where he was, and Ries replied that he wanted to get away from scenes of bitterness that had been enacted around there, and he thought he would have a better chance, and he said that he, Styron, must go with him, that he was almоst “all in” and ready to collapse; that Styron had been with him through all these litigations, and that he, Ries, was about at the end of his rope and wanted him by as a friend. Mr. Styron states that although he thought it a foolish thing, he said all right. They went down to Mrs. Franz‘s house in Margate, and the parties were there, or soon arrived, and they left in two cars and went down to Wilmington, where they arrived somewhere about two o‘clock in the morning; that there was nothing said by him or in his hearing about getting Mrs. Rhodes out of the jurisdiction of the court to accomplish anything, nor anything said about any settlement involving money; that settlement was not mentioned. In Wilmington, in the afternoon, Styron says there was a meeting in his room. The room occupied by him and Ries. He says there was no preconcerted meeting; nothing happened so far as he knew or saw; he did not go out with Ries and get a notary public. Asked if there was a notary public there, he said he did not know, but a stranger came in with Mr.
Opposed, and contrary, to these particular denials there is too much testimony to be ignored. This trip to Wilmington was certainly a singular affair. It was conceived in ignorance and carried out in desperation. It was Ries’ pet scheme; but I am not satisfied that Mr. Styron was so thoroughly convinced that settlement was just as futile in Delaware as in New Jersey, as he says and would have us believe. Although Mr. Styron has been a member of the bar since 1885, he, some time ago, excused, or rather attempted to excuse, before this court the signing by himself of the name of another
It may be, too, that he thought this Wilmington trip all right. He says that he thought that if his going would make Ries happy he would go with him, although it was at some personal discomfort and inconvenience to himself because he was a sick man at that time. He would have the court believe that he was summoned hastily over the telephone to meet a man on the street, some distance away, when he could just as well have gone to Styron‘s office — and, doubtless, would have gone there if he were willing to be seen — and asked Styron to go with him and a party to Wilmington, Delaware, a distance of over thirty miles, at night and in the dead of winter, when he was sick, simply as a friend, the object of the visit being to reconcile a mother and daughter who had had litigation over the mother‘s property, she being aged and infirm and alleged to be of unsound mind, is beyond belief; besides, the testimony of Mr. Styron himself is that the mother and daughter went in separate cars; that they occupied separate rooms; that they never came together; that there was no attempt made at reconciliation; and he does not say he expressеd any wonderment that no reconciliation was even attempted, when he went along for no other purpose than to help as a friend of Ries, so he says. The whole thing is too silly for words. The real object, which was known to everyone present, was to induce the daughter to drop the lunacy litigation against her mother in which she was trying to protect the mother‘s property from the rapacity of Ries, and for which perfidy she was to be paid a consideration of $25,000, which was to come out of the mother‘s estate. It is true that Ries is not before the court. He was not served within the state, or elsewhere for that matter, with copies of the petition, affidavits and order to show
From the above it will be seen that Mr. Styron is the only one of the pаrty sworn who denies having said in the room that they knew what they were there for, except Mrs. Franz, who is a co-respondent and who only negatively denied any knowledge of guilt and simply said she heard Styron say nothing; she did not say that he did not make the remark. On this issue Mr. Styron is overcome two to one, with Mrs. Franz affording him no real corroboration. Of course, the numerical superiority of witnesses does not settle the question
Mr. Styron made the remark that he would be a poor man if the case were lost. He says he never said it. The McGilleys say that he remarked that if he lost the case he would be a poor man. Again, two to one.
Mr. Styron said that neither he nor Ries said that they had had two previous trials and had been unsuccessful and they would take care that they would be unsuccessful in the rest. Let us see about this: Betty McGilley said that Mr. Styron remarked that the worst thing they could get would be a disagreement. They had lots of friends on the jury. Mrs. Woods said that Mr. Styron remarked that they had had two trials and been unsuccessful and they would take care that the others would be the same way. Eddie Thomas said
Of course this, standing by itself, is unimportant. A party is always at liberty to predict the result of a trial, and litigants, and their counsel, are prone to say, though perhaps they should not, that they have friends on the jury, &c. But, in this case, it was a fact testified to, denied by Mr. Styron, who is clearly overweighted by the testimony. It helps to make up the legitimate atmosphere of the case. It goes to show Mr. Styron‘s interest in it, and his very great desire that it should be successful. It will be remembered that Mr. Styron said he had no financial interest whatever in the cause. On the argument, counsel for Mr. Styron laid much stress upon the fact that there were contradictions or additions or omissions between facts stated in Mrs. Woods’ deposition in this matter and her testimony in court. These things she explained by stating her forgetfulness to state certain facts at certain times; that her memory had been refreshed, &c. This is quite frequently the case; and there is nothing in this that would call for rejection of her story or even the discrediting of it. She is far too strongly corroborated to warrant anything like that. Moreover, there was, as usual, some variance in the testimony of some of the other witnesses as to certain facts, some hearing things that others did not hear and some seeing things that others did not see. It is a well known rule that where all of the statements of all of the witnesses agree in every particular, it is some evidence that the story has been preconcerted among them and is untrue in whole or in part; but where, as here, the stories differ in the particulars I have mentioned, but agree generally on the whole matter, they bear inherent proof of their honesty, and what I said of the testimony of Mrs. Woods is true of them. There
Now, it will be remembered that the trip to Wilmington was undertaken for the purpose of inducing Mrs. Woods to settle and dismiss the lunacy proceeding for a consideration of $25,000. Mrs. Woods says so. Mrs. McGilley says she went down to Margate about the middle of December, 1926, with Mrs. Rhodes, Daniel Sweeney and Mrs. Ries, and that Mr. Styron was there at Mrs. Franz‘s. Mrs. Woods was there, too. Ries said he was going to take Mrs. Woods out of the state to have a settlement with her and said he was going to give her $25,000, and thought she would be doing all right when she got that. Daniel Sweeney says that he was at the interview in Margate and that Ries told him he was going to have a settlement with Mrs. Woods, she was tired of court business, and somebody said in the presence of Ries, Styron and Mrs. Franz that settlement had to be out of the state, and that they were going to Wilmington. Eddie Thomas was not present at many of the interviews, but went to Wilmington with the party and testifies to what Styron said there, and, inferentially, that papers were signed in his presence. This was clearly a corroboration of the story that Mr. Styron knew what the party went to Wilmington for. Even Mrs. Franz, co-respondent of Styron in this case, says that Mr. Styron was in the room in Wilmington and she saw papers signed there. This again corroborates the story.
The condition of the old lady at and before the time she was taken to Wilmington must be apparent. It will, however, be pertinent to inquire exactly what her condition was. The best description of it is found in the testimony of Mrs. McGilley‘s daughter, Betty. She says that one morning, about six-thirty o‘clock, Mrs. Ries came to their house and asked her mother to get Mrs. Rhodes ready as quickly as possible. Mrs. Ries dressed Mrs. Rhodes; there was a taxi waiting and they all went to Ries’ home. He was there. Betty stayed there until about seven o‘clock P.M., put Mrs. Rhodes
Daniel Sweeney was a friend of old Mrs. Rhodes, and went with her when she retained Judge Cole. This was in the suit of Rhodes against Ries to get back the property. After the decree on the hearing, which was filed in the clerk‘s office June 22d 1926, Judge Cole was sought to be discharged by Mrs. Rhodes. She signed a paper called an acknowledgment.
As to Mr. Styron‘s conduct as counsel for Ries before the special master on the accounting in Rhodes v. Ries, I fail to see that on that occasion Mr. Styron can be accused of conduct which was contemptuous. The case before the master was peculiar in the character of procedure adopted, apparently by consent of everybody. I pass that over as unimportant to the result of the inquiry concerning the Wilmington trip.
The last act of this wretched business was the taking of old Mrs. Rhodes from her jail-like abode in Ries‘, in Atlantic City, to Ocean View, near Norfolk, Virginia, where she went in an automobile. Ries took her. Mrs. Woods and others were in it. Mr. Styron, be it said, was not. Ries rented a house there and gave the name of the occupants as Jones. They got there March 9th, and Mrs. Rhodes died nine days after, March 18th, 1927. The undertaker then telephoned to Mr. Styron, to know if his bill would be all right, and he gave him proper assurances. This closed the chapter, and is unimportant in and of itself, at least as against Mr. Styron. I pass this over too.
The situation, in a narrow compass, was this: Mrs. Rhodes, an ancient, infirm and mentally deficient woman, was very
Up to this time, and after the agreement with Mrs. Woods had been signed and delivered, and she had directed her solicitor and counsel to discontinue the cause, it was not discovered, so far as the court believes, that these proceedings were taken in behalf of the public and for the benefit of the subject. This was not horn-book law, but rather occult. No opinion upon it had ever been delivered in the courts of this state until the above order was entered December 16th, 1927, and the opinion itself was not filed until February 16th, 1927. At the time that Mrs. Woods signed the paper in form discharging the solicitor and counsel, and ordering them to discontinue proceedings in the suit, it was undoubtedly believed by those accused in this case that these proceedings, like others, were under the control of the complainant or petitioner, and could be disсontinued and stopped by him. It was not until the industry of counsel, urged by the tactics adopted by the defense, brought the matter to the attention of the court, which provoked an investigation of the law, and the order and opinion mentioned. I have not
Now, the trip to Wilmington was taken for the purpose of ousting the court of its jurisdiction to further proceed and protect this old lady. She was a ward of this court, as the chancellor is general guardian of all lunatics, and when they are brought before the court the jurisdiction parens patrioe obtains, and they are wards of court. In re Mary Rhodes, alleged to be a lunatic, supra.
The proceeding instituted for the purpose of stopping the lunacy suit, staying the hand of this сourt and thus obstructing justice, was, of course, a contempt. Counsel for Mr. Styron frankly stated on the argument that this case was purely one of fact and that there was little or no law involved.
Neither ignorance of the law nor disclaimer of intention or design to embarrass the due administration of justice is any excuse for the commission of contempt, and the counsel is just as liable as a party for its pains and penalties. An agreement to discontinue these lunacy proceedings was arrived at in or about Atlantic City by Ries with Mrs. Woods, the petitioner, the object was to prevent a declaration of insanity against Mrs. Rhodes, and thereby further prevent a guardian being appointed for her to move against Ries; in other words, to assist him in his design of keeping for himself the property of Mrs. Rhodes, which he had illegally gotten. Mr. Styron was his friend and counsel, and says so himself. Mr. Styron, in my judgment, was cognizant of all that went on. The circumstances of this case point indubitably to the fact that he knew about this arrangement; that the proposition was to give Mrs. Woods $25,000 out of her mother‘s
Now, as I have said, the conspiracy was concocted in Atlantic City. An overt act in furtherance of it was committed in Wilmington, Delaware, when the agreement was gotten from Mrs. Woods. Mr. Styron was there and cognizant of the purpose of the visit and its execution. And participated in it by remarks at the opening of the conference and by passing on the papers signed. Another overt act was when, to carry it out, Mrs. Woods went with Mrs. Franz to Mr. McGee‘s office and delivered the paper signed in Wilmington to discontinue the lunacy proceeding, and ordered the solicitor and counsel to do so. In Mulford v. Tunis, 35 N.J. Law 256, 261,
The power of the courts to punish for contempt extends to all persons who injuriously interfere with the proper exercise of their judicial functions, whether such persons be officers of such courts, parties or strangers. State v. Doty, 32 N.J. Law 403.
The charge against all these respondents, besides that of conspiracy generally, is a specific allegation that Ries, Styron, Mrs. Ries, Daniel Sweeney, Margaret McGilley, Betty McGilley, Mary Woods, daughter of Mrs. Rhodes, Mrs. Franz, Mrs. Wahl and Eddie Thomas, were in it generally and participated in the trip to Wilmington fоr the purpose of defrauding Mrs. Rhodes, and inducing Mary Woods to accept the sum of $25,000 out of her mother‘s estate, for the purpose of defrauding her and obstructing the due administration of justice, and that this was a contempt of this court. As already stated, Ries and Mrs. Wahl were never served and are not before the court. Neither is Mr. Sweeney, who was not made a respondent. Mrs. Ries subsequently appeared and pleaded guilty, as stated, and I find Mr. Styron and Mrs. Franz guilty also.
All are guilty. Mrs. Ries, Mrs. Woods and Mr. Thomas have pleaded guilty. Mr. Styron and Mrs. Franz, I find guilty.
This conspiracy affected the power, authority and dignity
Counsel for the prosecution states that it is unplеasant to urge to the court that a lawyer of forty-two years’ standing at the bar, like Mr. Styron, be held in contempt, and counsel for the latter adds that it also is a serious thing from the standpoint of the lawyer charged, and I concur in both these views, but, as judge of the court, in the performance of my duty, I am bound to follow where my conclusions lead, and they lead where the proof lies, and that is superabundant in this case. I have no alternative. The dereliction of Mr. Styron, a solicitor and counsel and officer of this court, is manifest, and he must be substantially punished as a warning to those who would, in like case, offend. I regret to say there are such.
Mrs. Franz stands before the court in very reprehensible attitude. She was the friend of Ries, the one who, apparently, first approached Mrs. Woods and solicited her acceptance of the bribe, for such it was. She, Mrs. Franz, denied it. She was made one of the depositories of the securities which were placed in the Franklin Trust Company in Ries’ name and hers. She had guilty knowledge. When Mrs. Woods sought to retire from the scheme of settlement and dismission, she bolstered her up and told her not to back out. She denied everything, and is very free with her oath.
The sentence of the court is that Ulysses G. Styron pay a fine of $500; that Mrs. Anna May Franz pay a fine of $100; that Mrs. Irene L. Ries, while under the domination of her husband, presumably to a great extent, has pleaded guilty,