The journal of the American-Irish Historical Society, Vol. VIII, 1909Various
History
The journal of the American-Irish Historical Society, Vol. VIII, 1909
Various
American-Irish Historical Society -- Periodicals; Ethnology -- United States -- Periodicals; Irish Americans -- Periodicals
“Mulkey had a high sense of honor. He had a solicitous regard for the
reputation of his profession. He was a scholarly man, a conscientious
jurist. He detested a dishonest man and especially a dishonest lawyer.
Apropos of this, it may not be uninteresting if I relate a few of the
circumstances attending a dissenting opinion which he wrote while on the
Bench. It seems that two men, one named Hughes and the other Appleton,
were neighbors and both practised law in Chicago. Hughes conveyed the
title to a piece of property worth eight to ten thousand dollars to
Appleton, without consideration. The latter was merely a trustee.
Appleton disposed of the property and converted the proceeds to his own
use. The Attorney-General of Illinois filed an information in the
Supreme Court setting up these facts and asking for the disbarment of
Appleton. On a final hearing that Court denied the application on the
ground that the relation of attorney and client did not exist between
them. Mulkey not being able to agree with the majority of the Court
wrote a unique dissenting opinion, in which among other things, he said:
‘This defense so forcibly reminds me of the old story of the profane
bishop who had the good fortune to be a duke also, I cannot refrain from
telling it. An acquaintance who happened to overhear him using profane
language asked him how it was that he, being a bishop, could be guilty
of swearing. “Ah, my friend,” replied his reverence, “I swear as a duke
and not as a bishop.” “But,” retorted the other, “when the devil comes
to get the duke, what will become of the bishop?” So, in this case, when
his Satanic Majesty calls for Appleton the trustee, I should like to
know what will become of Appleton the attorney.’ I might add that some
years after his admission to the bar, he became a Catholic, and died in
that faith.
“I wonder how many Irish names have been mutilated like that of the good
judge. I fear too many.
Public-domain text, read in full here on John Shaqi.
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