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OMAHA, NEBRASKA. FHIDAV DE'EMKKU 31. 1897.
Number 51
HE TRIED TO
BRIBE A JUDGE.
Ai Attorney for Count John A.
Creighton Approaches Judge
C R. Scott.
Ujs There is KotMng Which They
Would not do for Him if He Would
Do them '1 Personal Payor."
The sequel to the suit of Mary B.
Shelby against John A. Creighton, ad
ministrator of the estate of the late
Mward Creighton, her uncle, has not
jet been reached, but there has been
M act performed during the last ten
days that shows the desperate straits
te which Mrs. Shelby's enemies have
been reduced.
The case was on trial before Judge
vnnigham R. Scott, of the district
eowrt, within and for Douglas county,
aad Mrs. Shelby was represented by
William D. Beckett, and the defenso
T John J. O'Connor and Jame3 M.
Woolworth, when a motion was made
t amend the pleading or answer of
Mm defense. That motion was combat
ted by the plaintiff, hut before the
eevrt was asked for a ruling an ad
journment was taken until the next
ay.
It was during the adjournment that
the act mentioned above was per
formed. As every one in the state knows,
jMdge Scott is an ardent American,
wills John J. O'Connor is equally as
ardent a Roman Catholic, if not, in
deed, a Jesuit of the short robe.
Tet, in spite of this vast difference
f opinion and social standing, O'Con
er waited on the judge at his home
aad told him that John A. Creighton
wanted to win that suit, that it did
aet make any difference how much
Mney it would cost, he wanted to
eat Mrs. Shelby, or words to that
elect.
The Judge was amazed at the bold
mess of the attempt to influence him
horrified that any man would dare
te approach him with such a propo
sition, yet without the least outward
show of what was passing in his mind
he showed O'Connor to the door and
teid him he would see that justice
was dealt out with an even hand.
But O'Connor was not satisfied that
he had Impressed the Judge with the
full Importance of his visit, so, as he
was taking his leave, he told the
jadge In just about so many words
that if John A. retghton won the
aee, there was nothing, politically or
mnanclally which ine judge might
want which John A. Creighton would
mot do him.
The judge made no reply at that
time, but next morning, while the
ceurt room was well filled with attor
neys he called O'Connor before the
ear and related the circumstances of
the interview and then entered an
trder of disbarment against said
'Connor.
That was the story that was going
the rounds among the attorneys and
differs but little from the story of
he attempt to Influence Judge Scott,
' t biven in his own words, which is
m follows:
The case on trial has been a case of
more than ordinary importance on ac
eount of the amount involved, and on
account of the law questions that
have been raised in the case. During
the whole six years that I have been
a the bench and during all the time
I was at the bar, I never tried a case
r heard a case that exhibited the
high qualities of the lawyer that this
ease has on both sides . There has
heen nothing but perfectly gentle
mianly conduct toward the court, most
respectful, and toward each other, as
embers of the bar.
But a matter occurred last night
regarding this case that I cannot un
derstand or pass over. The point that
was under discussion at the time of
adjournment last night was this: It
seemed that something, perhaps in
1875, there was a schedule of the prop
erty of Edward Creighton made out
and sworn to, and placed on file. The
sale from Joseph Creighton to John
Be to the poor like onie uhun'siane, ''v-i;
rfnd Maud tMeirnoses totAe grunane')lcJlJjAf
J4fytiy iro O legal 1,iicving;
o matter, sticA 'tro sound believing. Sums.
A. Creighton was In 1876. This sched
ule, the appraised value of the prop
erty, was made by Mr. Kountze and
others, who were appointed by the
county court for that purpose, show
ed that the property was worth, we
will say in the neighborhood of $200,
000. There were five heirships in this
property. John A. Creighton bought
Joseph Crelghton's interest as shown
by the evidence and pleadings, for
$30,000. There was some, evidence
sought to be introduced to show that
the property was only worth thai.
This action was brought to set
aside the sale because of its being an
abuse of the fiduciary relations exist
ing between Joseph Creighton and
John A. Creighton, and It is alleged
in the bill that this was a fraudulent
transaction, also that certain facts
were kept from the knowledge of Jo
seph Creighton. During the trial yes
terday it seemed to become necessary
for the court to state that there was
no evidence that Joseph Creighton,
at the time of this sale, knew of this
appraised value being, we will bay,
$200,000, or whatever it was, which
would raise his fifth interest above
$30,000, we will say, in round num
bers $40,000. Thereupon there was an
effort to show that he did know of
this fact. Then the question was
raised that that was alleged In the
bill and not denied in the answer,
and permission was asked to amend.
I said I thought I should deny the
right to amend, on objection being
made thereto, but I said I hoped that
counsel would look the matter over
and take it up in the morning this
morning.
AH that was conducted lawyerlike,
as every other stage of this ca3e, un
til last night. Last night, one of the
attorneys for the defense, J. J. O'Con
nor, who never had been to my bouse
before, came to my house. I was noti
fied, and found him sitting in the par
lor; I found him in the parlor. I
asked him to be seated. After talk
ing around about the weather and
other matters that had no connection
with the case, he said:
"IP THAT AMENDMENT ISN'T
ALLOWED, IT IS GOING TO HURT
JOHN A. CREIGHTON AWFUL BAD
AND I WILL TAKE IT AS A PER
SONAL FAVOR IF YOU WILL AL
LOW THAT AMENDMENT TO BE
MADE."
"Why," I said, "this isn't a question
of personal favor; it is all a Question
of law. Mr. Beckett don't owe me any
thing, nor I don't owe him any
thing; but he is entitled to the law,
and he isn't here."
"Well," he said, alluding to some
political matters, that John A.
Creighton was always ready when
ever he wanted his assistance, and all
John A. Creighton ever sail on surh
a case was: "HOW MUCH MONEY
DO YOU WANT?" Getting pretty
- . Jl T'-?' - JCr w vrign I. - -T . ,
TJIEV
thick about that time, he said: "IF
YOU WILL GIVE US THE RIGHT
TO AMEND, WHENEVER YOU
WANT ANYTH1NG.ALL YOU HAVE
GOT TO DO IS TO LET US KNOW,
AND WE'LL DO IT."
I I said: "Good night, sir."
I treated him civilly, since he was
in my house no man can come into
my house and be abused, because he
he is In my house, and I won't abuse
a man in my home. If I allow a man
' to cross my threshold, It is my duty
i to treat him civilly while he is in
' there, no matter what he may say.
I It is the first time, and I am glad
and proud of it. I had hoped I would
get through my term, the two years
additional of my second term, where
I could say what I could say when I
went home last night, that during all
of those six years, no man had ever
dared to suggest a purchase, and no
man has ever purchased, and no man
can purchase me. There Isn't a hair
on my head that is for sale. I may
make mistakes in ruling on questions
of law I don't know it all no man
does 'know it all; but God knows I
have tried to keep on a straight line.
When such conduct as that Is to be in
dulged in In the trial of an important
case, or any sort of a case, what does
it mean? AN OFFICER OF THE
COURT DIRECTLY SUGGESTING
AND PROPOSING THE PURCHASE
OF A JUDGE'S OPINIONS, the con
sideration of which will be, perhaps,
POLITICAL MONEY TO RUN A PO
LITICAL CAMPAIGN. I would not be
profane, but I will say all political
offices In the gift of all corrupt poli
ticians, may sink to deepest hell be
fore I will surrender my integrity in
order to get an office, and I have al
ways maintained that position and al
ways will.
I have only one ambition on this
bench, and that is, to keep up some
where near the front on questions of
law; that when I die, as we all must
die, those that know me best, my own
family, can say, if nobody else does,
that husband and father was an hon
est man on the bench, and I don't
want any finer epitaph written on my
tombstone than that. It is not holding
office that makes a man; it is the in
tegrity with which the man fills that
office; that is what develops and de
termines the man. If this thing is al
lowed by an officer of the court, what
follows? You get hold of a Judge that
happens to be on the bench, and is
that kind of a man, and what are
your rights to life, liberty and prop
erty; what is your learning in the
law; what Is your ability as members
of the bar, that has made you shine
as diamonds in the profession, as men
of integrity and ability? It counts for
nothing; it is the man who sees the
judge last who gets his case.
I have personal enemies, I realize;
and who hasn't? A man can afford to 1
i
, --fciZ4i
KOU HIM W.ilLE UK OBEYS.
look into his conscience and say: "I
have done my duty honestly." He can
stand enemies. The best friend a man
can have Is his own friendship; and
he can only have his own friendship
while he knows that he is straight. A
man's confidence in himself is worth
more than the friendship of the entire
world, and he can only have that
confidence in himself when he knows
he Reserves it, because that unerring
witness, bis conscience, will tell him
what he Is. He cannot dismiss that
witness; it is always present In court,
and never demands his fees in advance
in order to testify. He is there givlug
his testimony at all times. If be has
the approval of his conscience, and has
confidence in himself, he can say to
the world: '1 have tried to do right,
and have done it," When he can sHy
that, the world will in the end say the
same thing.
Now, here Is what we are confronted
with, a member of the bar, an officer
of the court, engaged In an Important
case, coming to my house, as 1u'l?e
of this court, and said with regard to
It, "as a great personal favor, if you
will give us that right " Mr. Beck
ett, who Is attorney on the other side,
isn't present, buppose Mr. Beckett had
done such a thing?
Mr. Beckett Don't suppose it.
Judge.
The Court I don't suppose It, Mr.
Beckett; but if some attorney on the
other side would do the same thing, he
ought to do just what I am doing
now. Of course I wouldn't suppose for
a minute I know Mr. Beckett too
well to believe suci a thing of him,
and I want to absolve John A.
Creighton, because I have that confi
dence in John A. Creighton to believe
he would not endorse such a thing,
and I want to absolve John D. Creigh
ton, because I have confidence in him;
and Mr. McShane; every man that has
anything to do with this defense I
want to absolve them from anything
to do with this contemptible, mlser
erable, shystering way of attempting
to get such an action, because I know
they are too much of gentlemen; and
the attorneys, Mr. Wool worth; I need
not say I have no idea, either on the
part of Mr. Woolworth or Mr. Cong
don; I need not say that; I know that
too well. Now, I must do something
here. This is the first time, and I pro
pose to put it in such shape that it
will be the last time while I am on
this bench for the next two years that
such a thing shall occur, and I will
disbar John J. O'Connor from prac
ticing in my court for the next two
years, during the balance of my term
of office, and John J. O'Connor is dis
barred from pratlcing in my court
while I am on this bench.
Such was Judge Scott's story.
Had the above remarks been di
rected against a Protestant attorney
the columns of the daily papers would
have teemed with denunciations of the
dastardly attempt to influence the
i court; but, since the culprit who did
I the job was a Roman Catholic, and
I since the one whose money and inilu
ence was to have been usiil to pay for
a favorable decision waa a Human
I Catholic and a count of the lUiman
j Catholic kingdom John A. Creii;h'on
j those Rome-ruled shena supprws
- ed the facts altogether or only r f er
red to them In such a way us to Rive
the public no idea of the damnable
. lengths to which Rom in Catholic at
j torneys will go to win In a case.
This paper has repeatedl charged
that If the Interests of the church
; were at stake, the Roman C'Uhol'c
church had men and women to com
mit any crime from murder, perjury.
bribery and actual robbery down to the
less censurable ones of miarf-ivreseii-tation
and common lying. This crime
of O'Connor's, which, If Howard H.
Baldrlge, county attorney, does his
duty, will result in O'Connor serving
a term In the pen for attempting to
bribe or Influence a district judge, and,
as it is not possible that O'Connor
would go to such lengths to earn bis
retainer, the law should reach out and
see if it is not possible to fix the re
sponsibility for the crime on the chief
beneficiary Count John A. Creighton.
No doubt Judge Scott nan gone as
far as he is permitted to go In the
case, but somebody, the county attor
ney or the judge of the criminal court,
has a duty to perform. Th.it duty is to
see that a judge briber or infiucncer
meets as speedy Justice m a jury fixer.
This country should not have onn law
for a poor criminal and another for a
rirh criminal.
It Is possible also that Judge Scott,
than whom there Is no more honest,
conscientious and impartial judge on
the district bench today, is sincere
when he exonerates the Creightons
and McShane from all blame in the
matter, but the common people who
read this will say: What had O'Con
nor to gain by running the risk of
being disbarred and of being sent to
the penitentiary If John A. Creighton
and the Roman Catholic church,
which expects to inherit John A.
Creighton's wealth, was not behind
the attempt to corrupt and influence
the court? It is our opinion that the
county attorney will be derelict in his
duty if he does not bring every man
who was pecuniarily interested in the
defeat of Mrs. Shelby before the bar
of the criminal court and make them
accessories before and after the act,
and if they are found guilty, move
heaven and earth to see that they pay
the penalty of the crime.
Mrs. Shelby has already suffered un
measureably at the hands of her uncle
and if he was back of the attempt to
corrupt the trial court, and stUi fur
ther injure her, he should suffer the
full penalty for the crime.
While it is true, as Judge Scott
lifers
says, that the case has been conducted
In a gentlemanly manner, except tor
the O'Connor Incident, there are
great interests at stake, and a short
review of the case will not be out ot
place at this time.
The Crelghtons are among the ear
liest settlers In this city. There were
four brothers and two slBters, if we
have been correctly Informed, and of
that number was Edward Creighton,
who died in 1ST 4. leaving $l,10.0OO
worth of personal prop rty and prob
ably a like amount of good real
estate to be divided among his
wife and five brothers and sisters.
At the time of his death he was not
a resident of Nebraska. He had re
moved to New York. Ills will, we are
told, read New York, until some one
changed It to Nebraska. After his
death John A. Creighton was appoint
ed administrator, and acted in that ca
pacity until after he had purchased
his brother's Joseph Creighton's
Interest in the estate, with a check for
$30,000, and which check. It Is alleged,
and we lelieve proved, In the present
caBe, was immediately returned to the
purchaser.
One thing proved and thoroughly
established in this case was that Jos
eph Chelghton did not want to sell,
that he got up to leave the room when
the proposition was made to him and
that Brother Murphy one of a com
munity of Roman Catholics of Du
buque was sent for, and when he ap
peared he took Joseph Creighton by
the coat collar and made him sit
down and compelled him to sign
away not only his interest then known
in the estate by John A. Creighton,
but also all interest that might come
to him at any time thereafter.
The plaintiff sets up that her father
was of unsound mind when he made
the transfer, and that John A. Creigh
ton had no right, while administrator,
to buy out an heir and that he did so
at his peril.
A decision has not been reached yet,
and it would not be fair to attempt
to forecast what the result will be,
without knowing tae character of the
evidence which remains to be intro
duced, but we will say that if the evi
dence that is to be introduced here
after is as strong as that which has
already been heard, there will beJ.it
tle doubt but what Mrs. Shelby will
obtain he relief she prays for.
One thing is certain, she will get
justice in Scott's court.
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on Burlington Route dining-cars.
The man with a 12 appetite pays $2
to satisfy it
The man who wants a cup of coffee,
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The pay-for-what-youorder-way is
the only right way to run a dining-car.
It is in operation all over the Burling
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to Chicago, Omaha to Kansas City.