WRIT OF ERROR to the Appellate Court for the Second District;
heard in that court on writ of error to the Circuit Court of La
Salle County; the Hon. ROBERT E. LARKIN, Judge, presiding.
MR. JUSTICE SCHAEFER DELIVERED THE OPINION OF THE COURT:
Rehearing denied January 23, 1957.
A judgment of the circuit court of LaSalle County found the respondent, Taylor Wilhelm, guilty of criminal contempt and sentenced him to jail for 30 days. The Appellate Court affirmed, (8 Ill. App.2d 12,) and respondent prosecutes this writ of error.
The charge against Wilhelm is that he was the attorney for Charles Sleezer in a prosecution for grand larceny and bribery, and that when the case was called for trial he obstructed the administration of justice by falsely representing that he was not Sleezer's attorney, thus making it appear that Sleezer was without counsel so that it was necessary to continue the case.
On Monday, May 2, 1955, jurors had been summoned, and the Sleezer case was called. Respondent stated, "I want the record to show that I do not represent Charles Sleezer and have not entered my appearance." The judge adjourned to chambers where statements were made under oath by the respondent and the State's Attorney. Respondent testified that he had not entered an appearance, and did not represent Sleezer. The Sleezer case was then continued to May 3. On May 3 the court appointed the public defender to represent Sleezer, and entered an order barring respondent from acting as attorney for Sleezer in the case. The case was continued to May 9, 1955, and the jurors were excused until that date.
On May 9, 1955, Sleezer filed a petition through attorneys Fred Wagner and Edward Baker, office associates of the respondent, asking that the rule barring respondent from representing him be vacated and that a change of venue be granted. The prayers of the petition were granted and the Sleezer case and the other cases on the criminal docket were continued to June 13. The jurors were discharged.
On May 9 the court entered a rule on respondent to show cause why he should not be held in contempt of court for falsely stating on May 2 and 3 that he was not the attorney for Sleezer on those dates, and for falsely stating on May 2 that he did not represent Sleezer on that date or prior thereto, thereby preventing the trial of the case and obstructing the administration of justice. Respondent answered the rule and denied that his representations and testimony were false. Hearings were held on May 11 and May 18, at which numerous witnesses testified. Thereafter the court entered the order in question, which stated the evidence fully and contained 79 findings of fact. Respondent was adjudged guilty of contempt as charged in the rule to show cause.
Respondent's principal contention is that the evidence fails to establish his guilt beyond a reasonable doubt. He did not enter a formal appearance as attorney for Sleezer, and both Sleezer and the respondent testified that no contract of employment existed. Respondent relies heavily upon these circumstances to show his innocence. We do not, however, regard them as conclusive, and so turn to a consideration of the evidence.
Sleezer was arrested on January 16, 1955, and charged with the theft of certain merchandise from a store in Lostant. He was also charged with an attempt to bribe the arresting police officers. (See People v. Sleezer, 9 Ill.2d 57.) Respondent consulted with Sleezer in jail the day he was arrested and arranged for his release on bond. On March 18, 1955, Sleezer was indicted and on March 23, 1955, he was arraigned. At the arraignment Sleezer appeared without counsel. He was given a copy of the indictment, a list of the witnesses, and a list of prospective jurors. He was not required to plead, but was asked who was his attorney. He replied, "Taylor Wilhelm." At the hearing the State's Attorney testified that the respondent had discussed the question of Sleezer's arraignment with him prior to March 23, and had told him that it would be all right to arraign Sleezer in respondent's absence. Concerning this conversation respondent first stated, "I don't remember it. It could have happened, but I don't remember it." Later he flatly denied any such conversation.
In accordance with the rules of court, on March 31, 1955, the State's Attorney posted a list of criminal cases for trial commencing May 2, 1955. The first case on the list was the larceny charge against Sleezer, and the second was the charge of attempted bribery. The third case was against Eugene Reetz, whom respondent represented. The remaining cases were against George Laketa, also represented by respondent.
On or about April 23, 1955, the respondent and Sleezer drove to the homes of three farmers in the vicinity of Lostant. Two of them were asked by the respondent to use their influence with Gustave Engelhaupt, the victim of the theft, in behalf of Sleezer. One of these witnesses testified that respondent said that he was trying to get Sleezer out of this mess if he could. The third was asked by respondent to go to see his cousin, the county judge, about the Sleezer case, and "soften things up."
Respondent and Sleezer also called on Engelhaupt during the week preceding May 2. Respondent told Engelhaupt that he represented Sleezer and that Sleezer was willing to pay damages, and asked Engelhaupt to see the State's Attorney with reference to probation for Sleezer. On April 29, 1955, respondent also asked Joseph T. Guerrini, an attorney, to intervene with the State's Attorney on behalf of Sleezer.
During the weeks between the arraignment and the date set for trial the respondent conferred frequently with the State's Attorney and with his assistant about the Sleezer case. He urged probation for Sleezer on the larceny charge, and a fine of $1000 on the bribery charge. On April 29, he conferred again with the State's Attorney, and at this conference he suggested the possibility of a fine of $2000 on the bribery charge, and again urged probation on the larceny charge.
On the same day respondent also consulted with the judge about the consequences of a plea of guilty in the case. The record does not make it clear whether this conference took place before or after the conference with the State's Attorney. He suggested a fine of $1000 on the bribery charge and probation on the larceny charge. The judge stated that during this discussion respondent asked whether the judge would permit him to withdraw his appearance, and that when the answer was negative respondent said "I ...