Levi Weeks, the defendant, boarded at the house of Elias and with

Catherine Ring,

whom, among others, lived Gulielma Sands, Mrs. Ring's cousin.

An intimacy had grown up between Weeks and the girl Gulielma, who in fact had told Mrs. Ring and the latter's sister that she and Weeks were to marry. About eight o'clock on the evening of December 27th, 1799, Gulielma left the house, as Mrs. Ring and her sister understood, to be married to Weeks, and never again returned. Some days later a muff carried by her was found in a well, and on January 2d, 1800, her body, showing many signs of violence, was recovered from the well

same

March 31st.

a

circumstance

as

that of

"Outlook" for August 26th, presided at the trial and di- own" nearly four years ago in
1911, as "An American Myth." rected Weeks' acquittal, years order to study law. He ob-
During the examination of a later mysteriously disappeared tained employment in the In-
storekeeper witness named from the New York-Albany dian bureau as a stenographer
Dunstan, it appeared that a steamboat. Alexander Hamil- and typist, and attended night
man, name unknown, came in-ton's brilliant career as states- school at Georgetown Univer-
to his store and said there man and leader of the New sity. In January, 1921, he
was fresh evidence against de- York bar was ended prema- learned of an opening in Sen-
fendant. One of defendant's turely by a pistol shot from ator Walsh's office and ob-
counsel, either Hamilton or the hand of Aaron Burr, his tained employment there as a
Burr, then held a lighted can- associate in the defense, and senate clerk.
dle up to the face of Crou- Burr himself died in an ex-
cher, previously mentioned as ile necessitated by his killing
spreading insinuations against of Hamilton.
The trial of Weeks for the
defendant, and asked the wit-
ness if he (Croucher) was the
man, to which the witness an-
swered he was. From this cir-

ALEXANDER HAMILTON

defendant

(1757-1804)

He Makes Reputation

It was not long before the senator discovered he had got hold of a natural-born murder of Miss Sands is re-research worker. When imported in full at page 1 of volportant legal points were to ume 1 of "American State be looked up, the senator conTrials," edited by Dr. John D.

Bere

Lawson, to which report in-fidently trusted the work to
his youthful assistant.
debtedness is acknowledged
cause of the extensive
for the facts herein set out.
search that Senator Walsh's
activities in the senate during
the past three years have in-
volved, Holland has gained a
reputation as one of the best
research men ever employed
in the senate.

LAW STUDENT

DIGS UP OIL FACTS

Makes Reputation in Research
Work

A young law student played
one of the chief roles in the
disclosure of the facts in the
Teapot Dome oil scandal.

He is now waiting an opportunity to take his bar examinations. He graduated from Georgetown Law School last June, but has ever since been so busily engaged on the oil lease cases that he had to pass up the bar examination last summer. He now hopes to be able to enter the examinations to be held in June.

His name is John G. Holland, Jr. In government records he appears merely as "clerk" assigned to the office of Senator Walsh of Montana. The part he has taken in exposing the state of affairs in Pay of Federal Judges the interior department is second only to that of his chief.

Increases May Be Given

Studies Many Documents Long before the public paid even passing attention to what has now become a sensation, young Holland was studying Representative Minahan, documents, scanning official Democrat, of New Jersey, inWeeks' cumstance developed the story, correspondence, and digging troduced a bill providing for which gave its current name brother, borrowed by Weeks connected both with Burr through tons of government the following increases: to "the well murder." The for the occasion. (See Parton's "Life of Aaron records. Supreme Court of the Unibody was exhibited in the pub- The defense introduced evi-Burr," p. 148) and Hamilton He knows the oil lease cases ted States-Chief Justice, from lic streets, and thousands of dence tending to prove that (See "History of the Republic better, perhaps, than any $15,000 to $26,500; Associate persons viewed it. Weeks, the the brother's sleigh was not of the United States," by member of the public lands Justices, $14,500 to $25,000. girl's alleged fiance, was in- in fact out of the stable on Hamilton's son, vol. 7, p. 745), committee, excepting only Circuit Court of Appealsdicted for the murder, and the evening in question, also that either Burr or Hamilton Senator Walsh. At every $8,500 to $13,000 as a minimum brought to trial above proved the defendant's good practically convicted Croucher hearing of the committee, it is up to $19,000, depending upon repute and character, and fin- of the murder by holding up to young Holland that Sena- the salaries of state judges Neither before nor since has ally introduced evidence tend- to his face during cross-exam- tor Walsh turns when he vested with original jurisdica defendant in a criminal case o show that one Croucher had ination two lighted candles. wants to make sure of some tion in each circuit. in this country been reprebeen very active in fomenting thus exhibiting to the jury the fine point. When Walsh adsented by counsel so brilliant suspicion against defendant by damning changes in his coun- dresses the senate on matters a minimum of $12,000 up to and so famous as the two going around on the day the tenance produced by a search-related to the oil leases, Hol- $18,000, regulated the same as lawyers who defended Levi body was found and at other ing examination. In fact, land is always present, work- circuit judges' salaries. Weeks. Alexander Hamilton, times making and spreading whatever candle episode oc- ing hand in glove with his United States Court of Washington's aide-de-camp improper insinuations against curred was not while Crou-able chief. Claims-$7,500 to a minimum and Secretary of the Treas- him. cher was testifying at all. It was Holland who discov- of $12,000 and maximum of ury, and Aaron Burr, who four The trial lasted several days Moreover, candle was ered among the interior de- $13,000. files only momentarily, to partment the letters years later were to meet in and many witnesses were ex-used Court of Customs Appealsthe duel which resulted in the amined. When the evidence afford light for an identifica- which have proved so em-$7,500 to a minimum of $12,000 death of Hamilton, were aswas closed, defendant's coun- tion, and not to throw a wit- barrassing to many of the wit-and maximum of $13,000. sociated in the defense. sel proposed to submit the ness' face into strong relief nesses summoned before the The bill will be referred to The people were represented cause without argument to the for the purpose of revealing committee. the Judiciary Committee. by Assistant Attorney-Gener- charge of the court. The as- what he would seek to conGeologist Is Exposed al Cadwallader D. Colden. sistant attorney-general de- ceal. These letters tended to disThe evidence for the people sired an adjournment for ar- Great oaks from little acorns tended to show the intimacy gument, which the court de- grow. There could be no bet- credit one of the geologists between Weeks and the mur- nied, and proceeded to charge ter illustration of how small hired by the committee, exa conspiracy among dered girl, and proved that, the jury to the effect that the a foundation of fact underlies posed after she. had left the Ring proof was insufficient to war- much of historical and other government officials and private citizens to split proceeds house, a woman had been seen rant verdict of guilty. Ac- tradition. fraudently acquired, and othin a sleigh with two men near cordingly, the jury returned the well where the body was Imost immediately with a ver- of misfortune for many of the erwise tended to place in the found, that residents near the dict of not guilty. actors in it. Weeks, though well had heard a woman that An episode of the trial gave acquitted, was ostracized and Like Senator Walsh, Holnight cry out "Murder," "Save rise to what Senator Henry forced by pressure of public me," "Lord, help me," and that Cabot Lodge of Massachu- opinion to leave New York. land hails from Montana. He the sleigh, with two men setts characterized in the Chief Justice Lansing, who came to Washington "on his

LEGAL ETHICS

Answers to Questions Submitted to the Committee on Professional Ethics of the New York County Lawyers' Association

[Editor's note: The entire series of questions on professional ethics submitted to the Committee with its answers thereto will be printed by installments. In most of the states applicants for admission to the bar are examined in legal ethics; in all of them such applicants should be familiar with the ethical principles governing professional conduct.]

6. Question: “I took a is about $1,500. The judgjudgment in the summer of ments I hold against A., are 1919 against Mr. A. I knew for $500 and $50 respectively that he had worked for Mr. with interest and costs. My B., and supposed it was upon own wish would be to sell the a commission agreement claims not in judgment to B. where his fee was contingent and to proceed against A. to upon success. I got out a punish him for contempt or third party order to examine secure in the City Court an B. and he gave me an affidav-order fining him the amount it stating that he owed A. of the judgment. I might in nothing. that way collect probably all "I then examined A. in sup- that is due me, and it seems plementary proceedings and he to me and to those I have stated that B. owed him noth-consulted to be a fair and ing. Thereafter A. sued B. for honorable proceeding. a large sum of money for fees "The evidence which I due for services rendered prior would furnish would all be to his examination in supple-documentary, as I cannot add anything to what they now mentary proceedings. "The attorney for B. found have except the affidavit remy judgment on record and ferred to, notes, etc. There called upon me. I told him is, therefore, no temptation to frankly all I knew and told subornation of perjury. him about the affidavit of "I submit this to you and A. in supplementary proceed-your Committee in the hope ings. When I came to think that you can clear up what the matter over I realized doubt there is in the matter, that if I aided B. in his de- and I beg to thank you most fense and enabled him to suc- sincerely for your opinion. ceed in defeating A.'s claim, "It is much better for us as it seemed likely the papers in my possession would do, I would probably never be able to collect anything from A., whereas if I aided A. he might get a judgment which would be good and I might therefore succeed in collecting my judgments.

attorneys to take these matters
up before action than to be
subjected to unfavorable crit-
icism afterwards.

case

THUMBNAIL BIOGRAPHIES OF GREAT AMERICAN LAWYERS

Roger Brooke Taney (1777-1864)

Roger Brooke Taney, Chief Justice of the United States Supreme Court in succession to John Marshall, was born in Calvert County, Maryland, March 17th, 1777. He graduated from Dickinson College in 1795, studied law at Annapolis, and was admitted to the bar in 1799. As a Federalist, he was a member of the Maryland House of Delegates in 1799-1800, but subsequently he became affiliated with the Jackson wing of the Republican (now Democratic) party. He was a member of the Maryland Senate from 1816 to 1821, attorney-general of the state from 1827 to 1831, and in the latter year became attorney-general of the United States under President Jackson. He entered the treasury department in 1833 to remove the government deposits from the United States Bank pursuant to Jackson's policy. He thus offended the Senate, which passed a vote of censure upon him, and later refused to confirm the appointment as secretary of the treasury. In 1835 he was nominated Chief Justice of the United States Supreme Court to succeed John Marshall. The nomination was confirmed by the Senate March 15th, 1836. During President Jackson's administration the personnel of the Supreme Court was largely changed, five of the seven judges in 1837 being his nominees. The majority were southerners and adherents to the theory of a narrow construction of the Federal Constitution; nevertheless, the court did not depart entirely from the path of interpretation and construction indicated by Chief Justice Marshall. Chief Justice Taney in 1857 wrote the famous opinion in the Dred Scott case that Congress had no power to abolish slavery in territory acquired after the adoption of the Constitution. During the Civil War Justice Taney endeavored to protect the liberties of the individual from infringement by military authority. He died October 12th, 1864. His portrait is the frontispiece to 4 Corpus Juris.

to allow the attorney to re

tain same?

“(2). Is an attorney entitled to retain moneys expended for disbursements, which moneys were received in the

same

Louis.

our attorney and general Missouri Bar Association counsel in New York City in connection with any and all Membership to Be Built Up legal matters, which we may refer to you, for the term of Guy A. Thompson, president years from the date here- of the Missouri Bar Associamatter in which the disburse- of, at an annual compensation tion, put directly up to the for all legal services hereun-members the question of ments were had? (3). Where the original der of dollars ($), payable steadily decreasing membermatter in which the expenses in equal quarterly instalments ship in the association at a are made is one involving a at the end of each quarter-recent special meeting in St. collection, and something is year. received by the attorney, is he "We understand that with- While there are between entitled to retain what he has in the term hereof we are to 4,500 and 5,000 attorneys in received on account of dis- have the right to call upon the state, membership in the you for all legal services of association has dwindled to bursements had therein?" Answer: "In the opinion of every kind and nature in and 550, and 2,000 former members "A prompt answer is quite the Committee in each case about our regular business, in- have been suspended for nonsuggested, the attorney is en- cluding all matters of litiga-payment of the $10 annual desirable because A.'s Mr. Thompson proagainst B. will come on for titled to retain the amount of tion and negotiation, and we dues. money so expended for dis- are to have the privilege of posed to cut the annual paytrial in about ten days." Answer: "The following re-bursements, but subject, in consultation and advice at all ment to $5 a year. case of objection by the client, reasonable times. Under the rules, a member "I talked the matter over ply should be made: "In the event that any mem- of the association cannot refrankly with B.'s attorney. "This Committee, under- to a judicial determination of We agreed that it was not standing that the inquirer is the reasonableness and pro- ber or representative of your sign unless his dues are paid fair that I should take the himself the judgment-creditor, priety of the disbursements firm is required to leave New in full. He also cannot resume whole risk and that B. ought deems it unprofessional in gen. and the rights of the attorney York City in connection with his standing in the association to have the assistance of the eral for a lawyer to demand to so apply the moneys; but our legal business, we agree to until he is fully paid up. Mr. documents in my possession. compensation as the condition the attorney should not make pay you additional compensa- Thompson will ask the assoan application of the tion for such service at the ciation to cancel unpaid dues. B.'s attorney said he thought of a disclosure by him of in- such dollars ($) per day B. ought to share the loss with formation to prevent recovery withheld funds for his own rate of me on some fair basis, and as upon a claim which the claim- purposes as to preclude or en- for each day or part of a day I have four claims against A., ant has sworn does not exist. danger their return in whole so actually and necessarily "But the question as framed or in part if the question be spent outside said city. only two of which are in judgment, that B. ought to pur- appears to us to preclude the determined against him by a chase some of them. possibility that a purchase of competent court." 8. Question: Whether it is "The question arose then the claim is exacted between us as to the bearing condition of the disclosure be- proper professional conduct of any ethical principles in- cause such disclosure has alvolved. Neither of us is will-ready been freely made; and, ing to take any action know- therefore, the committee does "This retainer shall take ingly or intentionally which not regard the transaction as "We submit to you herewith effect upon your acceptance will subject us to criticism. open to any criticism. However, if some such ar- "Provided, the inquirer does a form of Retainer setting hereof in writing. "Yours respectfully, follow the realization forth the plan under which rangement cannot be honor-not ably made, it leaves one of us (from B. upon his claim in we are employed as attorneys in the position where he is order to defeat A.'s claim) by and general counsel by many, likely to suffer unfairly. proceeding against A. for con- large and small firms and cor"The lawyers with whom I tempt the inconsistent porations. "We would appreciate the "Note:-We do not desire to have talked, with one excep- theory that A. nevertheless tion, have said that there is has a valid claim against B." privilege of an appointment displace by our proposition 7. Question: “(1). Is an with you at your office or ours, any existing satisfactory relano question of ethics involved, that I am the owner of prop-attorney entitled retain to explain the moderate terms erty which I am entitled to moneys in payment of dis- and the advantages of this aruse in any way I see fit, and bursements when said moneys rangement. to sell to whomsoever I please were received by him in anregardless of the effect of other matter in which he apsuch sale upon litigation be- peared as attorney for the tween other parties.

same

on

to

as

a

for an attorney to solicit em-
ployment by the use of litera-
ture such as the following:
"Dear Sir:

"Yours very truly,
Retainer.

client, and assuming "Dear Sirs: "The total amount involved that the client has not agreed

"We hereby retain you as

"There no higher ideals in the community than those of the legal profession. We can never, in the complexity of relations, afford to lose the ideal of the independent lawyer, learned in the law, secure in his reputation for honorable conduct of his trust, loyal to his government no less than to his client. His loyalties never clash with the standards of honor. There always have been and always will be defections from these standards, but the standards themselves are not impaired, and those who are disloyal to them lose the highest reward that any lawyer can obtain, and that is the esteem of his professional brethern."

-Charles Evans Hughes.

Her dowry to him five Social drinking is the evil ready-made children. of evils. It has probably His contribution to her the caused more drunkenness, and same number. has made more drunkards, than all other causes com- She, without a vestige of of said Turpin." The mortgage bined; and drunkenness is a feminine loveliness. was regular in all respects, pernicious source of all kinds of crime and sorrow. It is a culine attraction. March 2, 1895; the horse being the Pandora's box, sending forth From start to finish a per-left in possession of innumerable ills and woes, fectly inexplicable and hope- mortgagor. After the regisshame and disgrace, indigence, less connubial absurdity. tration, and before the mortgpoverty, and want; social hap- One averred ground of di-age fell due, the mortgagor DONALD J. KISER, LL. D. piness destroyed; domestic vorce, her cruel and barbar-traded the horse to a party in broils and bickerings engén-ous treatment.

He, without a mark of mas- and was filed for registration

dered; social ties sundered; Another, indignities to his actual notice of the mortgage; homes made desolate; families person.

and after the mortgage fell scattered; heart-rending part- Only proved instance of due (September 13, 1895), the ings; sin, crime, and untold former his nose broken by her horse was traded from party sorrows; not even hope left, use of a stove-lifter. to party until the defendant but everything lost; an ever- Only proved specific in- purchased him, in 1897, with lasting farewell to all true stance of latter her unladylike no actual notice of the mortghappiness, and to all the nobler behavior in the privacy of age. "At the time and prior to the time the defendant puraspirations rightfully belong- the nuptial privileges. ing to every true and virtuous Nose possibly broken in chased said horse, he had enhuman being. If all drinking self-defense as testified. tirely changed color, from Unladylike behavior possi- some natural or saloons and all social drinking unnatural establishments utterly bly incited by his own lack of overthrown and destroyed, all good manners. sales and uses of intoxicating No course of bad treatment liquors at other places might on one side more than the probably be left comparatively other.

BOOK REVIEWS (Continued from page 13) jections to its choice, the personal qualities requisite for success, educational requisites, and the ideals of the profess

ion.

take it as philosophically as
the mountaineer's wife, who,
on being informed that her

LAMENTATION

Baldwin's

husband had been killed in LAW STUDENTS'

Vade-mecum

MORE THAN A LAW DICTIONAR
THE BALDWIN LAW PUBLISHING CO.

CLEVELAND

crown food for us.

ing "whom they may devour somebody" as the nigger preacher quoted; and they are my pet abomination.

yer or law student with a lean- A LAWYER'S ing toward criminal practice, and there is not a dull page in it. The "Texas Law Review" a feud, calmly continued her Practical Collection Proce- prints a response by Mr. Ce- meal saying: "You just wait dure, by Roy Ralph Hotman, cil H. Smith to a toast at the till I finish this hog trotter, vi and 244 pages-The North- banquet of the Texas Bar As- and you'll hear hollerin' that $2.50 is hollerin'." western Business Press Com- sociation during its 42d anBuilding the American Na-pany, La Crosse, Wis., 1923. nual meeting at Beaumont, Really, my friends, our protion, by Nicholas Murray But- Mr. Hotman's book is an Texas, July 3-5, 1923: fession is a dead one. What the local Reformers grind out ler, xviii and 374 pages- outline of collection methods, Mr. Toastmaster and Gen-need for lawyers when every- new laws, like sausage from Charles Scribner's Sons, New with particular emphasis upon tlemen: About a month ago body has been made perfect a sausage-grinder; and on the York City, 1923. the composition of letters. I was over at Dallas when the by law-for we are all now other side Uncle Sam stands This book is an interpreta- The newcomer at the bar is distinguished president of this angels, and with the angels by and wants to chew our tion of the origin and devel- necessarily interested in such Association stand-a sheet, no, a making a was opment of the American na- matters, and in this book will speech. He made a few obser- upon our foreheads, a harp Meddlesome Matties, always tion largely in terms of the find many useful suggestions vations, and a man in the back within our hand. As in Heav-righteous and always wrong, individuals who formed it. regarding the collection of end of the hall said "Louder! en we are assured there shall are in the saddle, and additWith his presentation of con- difficult accounts without Louder!" and a gentleman be no marrying or giving in ions to the decalogue are their stitutional history and devel- court action. with a stentorian voice arose marriage, So in this new favorite occupation. They go opment, Dr. Butler mingles In an appendix is given a and said, "Do I understand in United States there is no about like a roaring lion seekaccounts and characterizations concise summary of the "col- the back end of the hall that longer a place for the lawyer of personalities conspicuous lection laws" of the several you cannot hear the speak- to fill. by reason of the significance states, meaning thereby the er?" and the fellow said, of their public services. statutory provisions regarding "Yes." Then the big-voiced These personalities are: exemptions, grace, interest, fellow shouted back, "Then Samuel Adams and Benjamin limitations, jurisdiction, and thank God and sit down." Franklin, "Forerunners of the Nation;" George Washington, "Father of His Country;" Alexander Hamilton and James Madison, "Master-Builders of the Nation;" Thomas JefferThe fourth annual edition of son, "Spokesman of the Dem- this compilation of wit and ocratic Spirit;" John Marshall, humor contains in addition to Daniel Webster, and Andrew new matter the best of the In singing the swan song of Jackson, "Welders of the three preceding editions. It is my profession, I want to be Nation in Law and in Public prefaced by "suggestions to very careful, as I do not deOpinion;" Abraham Lincoln, toastmasters" and "how to tell sire to turn our annual banquet "Defender and Preserver of a funny story," and embraces into a mourner's bench. Some the Nation's Unity and Pow-within a small compass more of you may not know that you tellable and readable stories are dead; so I must break it This method of treatment than we have seen elsewhere. to you gently. You might not gives the presentation of the fundamental ideals and principles of the United States a vivid and dramatic quality.

er."

Dramatic Days at the Old Bailey, by Charles Kingston, xii and 333 pages-Stanley Paul & Company, London, England, 1923.

Notes on the tragedies and comedies of the most famous criminal court in the world make up this anecdotal history of the Old Bailey. Many stories of famous judges and counsel are given, and the well-known Mr. Justice Darling is frequently mentioned, .. are other contemporary judges and lawyers. Special chapters have been devoted to the doings of American criminals in Europe.

The book is a fascinating one, particularly to the law

married women.

Sparks of Laughter, 300
Stewart Anderson,

pages

Newark, N. J., 1923.

I don't know whether to call my speech a message or a malady. Perhaps it is something of both, as I bring to you a message of condolence, and later I shall denounce a devastating malady, which for the present shall be nameless.

"Old Grimes is dead, that
good old man, we ne'er
shall see him more;
He used to wear a long-
tailed coat, all buttoned
down before.
And as those coat tails
disappear on the hori-
zon's brim-

I own it with a furtive
tear, that I was fond of
him."

say,

The paramount question at
this Bar Meeting seems to be:
What separates the Lawyer
from the Layman? I
don't separate them; let them
fight it out. We are all be-
tween the devil and the deep
blue sea, anyway. On one side

WOULD you like to join the law-writing profession?
IF

you have answered "Yes" so far, we have an attrac-
tive proposition.

BUT, do not ask what it is UNLESS you mean business UNLESS you can come to Brooklyn, and UNLESS you are willing to begin at the bottom and let your demonstrated ability entitle you to promotion.

When you write, state in your first letter your age,
education, what you have done, and why you are interested.

ADDRESS: American Law Book Company, 272 Flatbush
Extension, Brooklyn, New York.

"There is no such pleasure in the world as forcing an alien virtue on our reluctant neighbor. It has all the expansive smugness of beneficence, and all the tart sweet flavor of malignancy."

Down through the ages this endearing trait has revealed itself in chosen souls, and always with the same virtue and devastating zeal.

When I think of the descendants of Washington, Jefferson, and Lee supinely submitting to these Meddlesome Matties, I am inclined to think they deserve no better fate. You notice I say they, for-I thank God-me and my household will go unregenerate and unreformed by law back to the Great Law Giver. But going no further back just now than the demise of the lawyer. If the Reformers hadn't ruined his profession, golf would. That is the mysterious malady hinted at in the beginning of this talk. Now, it can be told, as my speech is about finished anyway.

Present-day lawyers construe a certain famous article of the Constitution as Life, Liberty and the pursuit of the golf ball, and they practice it religiously, to the ruination of their legal minds, and to the everlasting damnation of their immortal souls; for I understand it encourages promiscuous "cussin"."

To a young lawyer, it is death to his ambition; to an old one, it is stagnation, and, to his partner, vexation. This is no idle jest, but the fruit of bitter experience. Both my partners are addicts, and I have watched their gradual depreciation under its baleful influence: The German mark isn't a circumstance. They talk about being "behind in their golf," while being "behind in their work" gives them no concern; hence the note of tragedy in these mirthful remarks. I am convinced that if the "missing link" is ever found, it will be on some golf course. (Continued page 15, col. 1)