State v. Stetson
State v. Stetson
Opinion of the Court
The complaint in substance charges that the defendant committed perjury in the county court of Milwaukee county on October 18, 1928, at the hearing duly held on the application to admit to probate the will of Bertha Dallman, deceased; that he petitioned the county court of Milwaukee county to admit the said alleged will to probate knowing the same to be a false, forged, and fraudulent document, and that he sought to have said will admitted to probate by his own false, perjured, and corrupt testimony.
The facts as found by the referee are substantially as follows : The defendant is thirty-nine years old. He came to the United States when he was seventeen, received an education equivalent to four years in high school, attended a university night school for three and a half years, and was admitted to the bar August 10, 1921. From 1917 to 1921 he was a clerk in the office of Raymond J. Cannon, a Milwaukee attorney, except that during seven months of that period he.was in the military service. In 1926 he was admitted to the bar in the state of Minnesota and for a time practiced in Duluth and also in Minneapolis.
Prior to October 24, 1927, Bertha Dallman, an aged and infirm woman, was found in her room in the city of Milwaukee in an unconscious state resulting from inhaling coal gas. She was taken from her home to an adjoining house owned by her which was in part occupied by Fred Schultz and his wife. She continued to reside there until January 17, 1928, when she died. On October 24, 1927, the defendant
The will was denied probate. The defendant was arrested and charged with having committed perjury and of having sworn falsely. He was found guilty of having committed perjury and was sentenced to the house of correction of Milwaukee county for an indeterminate term of from two to five years, where he has since been confined.
During the trial of this disbarment action the defendant, after being duly sworn, testified that he obtained the information from which he prepared the will from Margaret Puljer, acting as interpreter for a woman introduced to him as Bertha Dallman; that the woman so introduced to him was Marie Kuhlnig; that the name “Bertha Dallman” was written on the will by Marie Kuhlnig and was witnessed by
The referee found “that the defendant testified falsely •and committed perjury on the hearing to probate the alleged will in the county court of Milwaukee county, and that he committed a fraud upon the court when he made and filed a petition to have the alleged will admitted to probate; that he knew that the same was a false, forged, and fraudulent document and undertook to sustain and have it admitted to probate by his own false and perjured testimony.”
The referee recommends absolute revocation and annulment of the defendant’s license to practice before the courts of this state.
No exceptions have been taken to the findings of the referee and no one appeared for the defendant at the time this matter was heard by this court. The record has been freely consulted and carefully considered. The findings of the referee are overwhelmingly sustained. This being true, the recommendations of the referee must be approved as a matter'of inexorable duty. It clearly appears that the defendant knew that the alleged will was spurious and forged. He was clearly not present when the signatures “Bertha Dallman” were written on the document. He was not present when the signatures “Leo Hille and Walter Zass” were placed thereon. Yet, notwithstanding all this, and at a time when he knew that the document was being seriously questioned, and at a time when he knew that the county court of Milwaukee county was conducting a hearing in the nature of an investigation and that the whole proceeding was being watched by representatives of the district attorney’s office, the Milwaukee Bar Association, and the Lawyers Club, he deliberately swore to a state of facts which he knew to be absolutely false.
The learned referee summarizes his conclusions as follows :
“The testimony in this case .presents a well-nigh unparalleled state of facts. It establishes conclusively that the defendant, a licensed officer of the courts of this state, bound in conscience to assist honestly and honorably in the administration of justice, permitted himself to become involved in a conspiracy to perpetrate a fraud upon an old, infirm, and helpless woman. In- an effort to consummate such fraudulent scheme, he undertook to deceive the court by committing perjury. He. committed not only perjury but the testimony shows that he is also guilty of subornation of perjury. The defendant insists that the alleged will was signed and witnessed in the presence of seven persons including himself. His claim has no support from any of the other six; — on the contrary, they all testified positively'that it is not true.
“A license to engage in the practice of law may be properly regarded as a certificate of good moral character. The public may rightfully assume that when the State issues a license to engage in the practice of law, it impliedly certifies to the holder’s moral fitness. A license to engage in this profession should not be revoked for trivial causes; but when, as here, the State is confronted with indisputable facts forcing the*664 conclusion that a lawyer does not possess the essential character qualifications to continue in the profession, his license should be promptly revoked.”
After having given this matter rather unusual consideration because of the fact that the defendant was not represented by counsel in this court, we conclude that the findings and recommendations of the referee must be approved.
The defendant was not only willing to perpetrate a great fraud upon an old and helpless woman but was willing to cheat and defraud her beneficiaries under a former will. He also showed a shameful disposition in his attempt to put over a rank fraud upon the county court of Milwaukee county. Language seems weak indeed when we attempt to express our condemnation of such conduct. The defendant has shown himself wholly unfit to continue in the practice of the law. Fie is so clearly lacking in moral sense as to render his continuance in the profession of the law an abomination in the sight of both God and man.
In coming to these conclusions which imperatively demand the revocation of defendant’s license and the striking of his name from the roll of attorneys, we experience a feeling of deep regret tinctured with sadness. We would greatly prefer never to have occasion to pass judgment upon defendants in proceedings of this kind. We earnestly hope and pray that the time may speedily come when all members of the Wisconsin bar, without exception, will be so deeply impressed with the great responsibilities of the profession, and so imbued with its high ideals, as to make proceedings of this nature forever of the past.
It is ordered and adjudged that the name of the defendant, George C. Stetson, be, and the same is hereby, stricken from the roll of attorneys of this court; and the license to practice law granted to him be, and the same is hereby, revoked; and he is ordered and required to desist from the practice of law in this State,
Reference
- Status
- Published