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rKaufmann and WillisTake Stand in Fightto Escape Disbarmentr.KitheUTt*5ING the witness stand in their own defense, Charles B. Kaufmann and E. C- Willis, former law partners accused of unethical conduct and the charging of excessive fees for legal services, are attempting this afternoon to explain away compluiuts preferred by the grievance committee of the Scott County Bar association in disbarment proceedings on trial before Judge W. W. Scott1 in district court.The appearance of the Uo defendants on the witness stand followed a day devoted by the defense to an attempt to impeach the testimony uf state’s witnesses. That the state will call a large number of witnesses in rebuttal was admitted ?iy members of the ,special committee prosecuting the charges against the defendant attorneys.indications that the hearing will extend over into next week werechasing” or solicitation of busings in violation of the code 01 ethics of the legal orofetsion.The reputation or John Jrey. formerly of West Uberty, for truth and veracity was declared bad by A. C. Whitaker, banker; and A. L. Dice, coal and lumber dealer. John Boardinan, contractor- and W. Hill, silo salesman, all of iVe?t Liberty, who appealed as character witnesses for the defenseIrey had previously testified that lie gave Kaufijiajm a check for $500 m 1920 with which to defray the expense of filing articles of incorporation with the secretary of state. Ke claimed that Kaufmann failed to pay the fee as agreed and dive:ted the money to his own use.Failed to List Claim.Id addition to the character witnesses against Irey, the defense alr-o called Miss Lura Parker, •lfjiuty clerk of the federal court.“Rcverified todav when the defense who testified that when Irey filedcounsel requested an early adjournment on Friday to permit C- P. Hanley of Muscatine, a member of the defense counsel, an opportunity to attend motor bout races to be q staged in Cincinnati on Saturday. ) In taking the stand in their own defense, both Kaufmans and Willis expect to be able to clear up questions of alleged unethical conduct preferred against them by the state. Both defendants trill be on the stand the remainder of the day and probably until the early adjournment tomorrow. In the event of an Intensive cross examination on the part of the state the testimony of the defendants may not be completed until next week.Scars Defend Kaufmann.Will J. Sears and his wife, Georgia Sears, who were formerly connected with the Huot-Sears Shoe company, bankrupt, rallied to■ the defense of Kaufmann today in■ connection with the charge by the rl state that Kaufmann prepared achattel mortgage for Mr*. Sears and in favor of Harry Sears, u brother-in-law, on an automobile which Mrs. Sears was anxious toi.bankruptcy proceedings In district court subsequent to the forming of the corporation be failed to list the. $500 which he claimed Kaufmann owed him as a claim Lut did hst Kaufmann as one of the creditors with a claim of $2,300 lor legal services. Kaufmann claims ihat the $300 paid by Irey was credited to lits accauut and not diverted to ether channels as alleged by the former West Liberty man.Kracen’s Reputation Sad.Ben Comeoitz, head of the Com-cnitz News agency, -SOS HarrisonBeDaverankporttry.rick, local \\ ho road go vc “I bure in a have char Klt; sued wen men a t neccNiILalt;ISstreet, and A1 Pluver testified that the reputation of Andrew Kracen, a slate's witness, for truth, aal veracity, was bad.Switching their attack from impeachment proceedings to the fee angle, the defense placc-d K. J. SchzfT, who was involved in the litigation of several ears $zo be-1 inltl Lv.een Scbluctter * Sons of Chi- Lad: cage and the Columbia Coffee |Smu Tea House oi Davenport, ou the Knij witness stand to prove that there were four or five Jaw sails involved ia Hie feud between the twoM. ill..; tion; willkeep ow of the bands of ike cred- Xraze was* Drenare^^ithoiit10^the dlfferent lt;*asei?- The defense is of-m U* testimony in an effortto show that the fees charged bythe firm were not excessive-The siate contends the fees,r-irridi:J.eres\\ma.10IKS-*yatP-h-ofid12ISutlin'dofofb-ofiniyis-Ofaconsent of Hurry Scars and covered no legitimate debt.Mrs. Sears testifying on behalf of the accused attorney declared thatSe in I tend T1 canc iug o’cic Ti arraamounting to more than $1,000 orj -ouether husband owed Harry Seers \ slightly in excess of the amount Jn-$600 or $700. she was not sure which was the correct amount- at the timo the mortgage was drawn. She claimed the mortgage was prepared and filed with the knowlef.de and consent of Harry Sears and was prepared by Kaufmann at her request and for iho sole purpose *f protecting the claim of Harry Sears, and was not prepared for the purpose of defrauding creditors uf the defunct corporation.In eh a i Tlt;Coo\ sired in the suit, were charged for only one law suit and were therefore unreasonable. ,Widcw on StarcS. ,Testimony of Clara Courtney. I vdauahter of Mary Courtney, a for-j........in a suit | ^Vmer client of the JirJn against William C. Denkmann ini 1919. was attacked when the defense called Mrs. G. H. reck, widow of the late Attorney Peck.. Before the mortgage was drawn. Mrs. Sears testified that she consulted Tliuonen £ Thuenen. who were their attorneys at that time, and was advised by them to sell the automobile and keep the money. Acting on her husband's advice. she consulted Kaufmann and Willis and had the mortgage prepared giving Harp- Sears a lien on the car for the purpose of protecting a loan he had made to her husband.Objections by the state protesting Iho right of Mrs. Sears to testify were overruled by the courL Her Story vtas not shaken on cross examination.Will J. Sears, who was absent from the city at the time the mcrt- i gftge was prepared, corroborated Jto the stand to testify to c conversation she had hac with MNfi Courtney in w hich she claimed the latter admitted that she had agreed ro pay the firm of Kaufmann Willis a fee of 50 per cent of the amount recovered in the suit. She also admitted. Mrs. Peck said. Lhai she and her mother had had the claim against Dcfikmanu to several other attorneys before they finally placed it in the hands of Knufmana Willis.Miss Courtney testified Monday that she had no agreement with :fce attomevs over the question of fees.SiAChilt;31SBSHARP DROP INPOTATO PRICESAdis Tkc Ainrtclrtl ^CM.Lhis wife's testimony to the effect | Chicago. Sept- 27.—Increased sup- J* that he find advised the Issuance of J pijcs anlt;j au increased crop esti-a mortgage for the purpose of pro-! In:ltlt;7 combined, with warmer weatb- r1'1; tecting his brother. j,ave SGJlt potato prices down-1™Defense attorneys were conSdent Uard from 25 to 50 cents a hundred j f that the testimony of the two wit- 3 pounds ia most terminal markets»»ctJm f ^— — — ---- r ■nesses has dispnsed of the charge j and much stock is going into sior-jDrlt;*0‘jjrnade by the state that Kaufmann j age as the digging of the fall cropjan^ I1C j overstepped rules of the profession \ progresses! according to bureau ot *’ir_ i in preparing lhe mortgage.Before adjourning at noon the de-illn-2dbe2dLX-fense placed Emil Schroder, clerk of the district court, on th^ stand for the purpose of idectifyinc certain court files and records pertaining to litigation 5c which the firm of Kaufmann Willis was encageda rri cultural economics in a review made public today.In 1921. the heaviest movement of potatoes took place in the second week of October when a peak of 3£.0('rt carloads was reached. The high point In HC2 was the last week of September when 5.0**0 carsduring the period covered bv'at]^f shipped. The week under re-least one of the charges. * |vic* ri»ow*d 6A20 cars, a 15 percent increase over the previous week.Atbck State Witnts?tl.Start inn with ihc aflernoon session Wednesday fhc defenselaunched an attack upon Ik** trazaand veracity of tctcral stale w;t- _nessrs. imludmc 3’otcr Be in. of |G| Davenport. John H. Irey. formerly I of West Liberty. Andrew Kracca 12nd Clara Clt;TUrtncy. bolh of Davenport,FTed U*13e. who accompanied K.C. Willis to St. Luke's hospital in 3922 when the lalter called upm Deter 13c*n in regard lo the bran*i tasg of a damage action aclnn the- ! Both Island XIn'*s for injuriL'e 'rtained in an acrident, was tnlt;* first He testified that WjllisEvery rrcsldentbil p^siblity thinks he is the berries.nob cou: in s V Wa tililt; ed leg. and fiJd era;ItPi-loPMEIS -HJjDRUG CO.IJNo.1. 3rd Harrison Is No.3-NW.cor.3rd 5; Perry N‘£113-aclt;OTTipamed him to the hospiUi I to see Bcjtj at his ravftiijcn and j■ | that he wai pr“«7ii dtjrrrg thei conTCJsaticm bdwrin r* in and IWiBlc. H- 1Tih: JteJiiinvilcd Willi*, tn rilura Jo talk cv^r the -ra*sliorr ^of lirincinc aa nrLoTi against TjiilroaO Bel ahad previously that Willisth* he»pii.i1 ji1 a 1 VmQuality Ser3flhefortohej Watch our Counters - S- 'Qtif1 t-o th*' hotpilr.i Ji1 -i time ‘ [whrn wan Joo ill toonIn. ihe w-jis floinc and insHp-l himStorage■cclt; rivlcc his -rwm to lb» film ot KapT-' |Tr,np2 Wall;* Tb** coltf»B riMmed ihJ*. ^jiI r,h 1h'* i;irt -lt;-f •onxtiiiuH'dL? i TVilfc, • e .....in »-pHidM1*Ja 1iai; the!What IsPabcolin?t ’T yitT4-\,Tr-tsG.5n/3c tGpoCs anfl Airtes luc^dP's •t'tir Ntrw l mpropj AVatpbciiiji» mZ i at'Jj unti k\t*.-lcrs AivPrivate FpomiPCiWj *IZ7^ KDSn£’ipcrt W over* gnO Patscrt *t K-W iwito6b.Mercbc?r:f« Tr? — fervtN. OFFICE tia HARRISON.
Newspaper Details
Davenport Democrat and Leader
Davenport, Iowa, US
Thu, Sep 27, 1923
Page 18
Full Page
Clipped by
Allen C.
IN, USA 03 Jun 2019
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