Disbarment proceedings, on complaint of the Attorney General. Heard at the February Term, 1919, of the Supreme Court for Rutland County, on the report of the commissioners appointed to hear the case.

The commissioners to whom the case was referred reported:

• That they heard counsel for the defendant and the Attorney General on January 6, 1919, in the matter of the defendant’s motion to defer the time of hearing until after the trial of a certain criminal cause pending in the county court for the county of Rutland, in which the defendant was charged with perjury in connection with the matters and things set forth in the complaint of disbarment; that they declined to entertain such motion as being proper to be made only to the Supreme Court, and January 21, 1919, was fixed as the time of hearing.

That on January 21, 1919, the defendant appeared by his counsel who presented to them, as a motion for continuance of said hearing, a statement signed by the defendant, in substance, as follows:

“At the January Term of the Supreme Court, my attorneys moved the Court to have it postpone your sitting until after the trial of the criminal cause of the State against me, in which case I am charged with having committed the crime of perjury. The Court denied that motion. Thereupon I filed a petition with the Supreme Court, asking that my name be stricken from the roll of attorneys and solicitors of the Supreme Court, stating as reasons for this petition, that my health, and the inability to get the necessary evidence for defence would prevent me from making a proper showing of my innocence. The Court has denied the prayer of ipy said petition.

“There are many other reasons for making these motions. In order to defend myself in the proceedings before you, it would be necessary to try many of the substantial issues of the criminal cause against me., One of the principal witnesses that can give evidence tending to establish my innocence of the charges in the complaint that you are to consider, is himself charged with perjury in a criminal case not yet tried, on many of the same issues that are charged against me. In the exercise of his constitutional right, he does not desire to be a witness in this case before his case is tried, and his attorneys do not feel that they should advise him to testify at this time in my behalf. Another important witness is charged with criminal conduct in the complaint before you, and has a constitutional right to decline to give evidence in my behalf at this time.

‘ ‘ Notwithstanding the decision of the Court that the hearing on the complaint before you shall not be postponed to await the trial of my criminal case, I beg to state that I do not feel myself warranted in going into my defence on that complaint-before the trial of my criminal case. I am of the opinion that a full defence in this proceeding cannot be had at this time, and a .partial defence would seriously prejudice my defence in the criminal case.

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