The Florida Bar v. King

174 So. 2d 398, 1965 Fla. LEXIS 3487
CourtSupreme Court of Florida
DecidedApril 21, 1965
Docket33891
StatusPublished
Cited by11 cases

This text of 174 So. 2d 398 (The Florida Bar v. King) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
The Florida Bar v. King, 174 So. 2d 398, 1965 Fla. LEXIS 3487 (Fla. 1965).

Opinion

174 So.2d 398 (1965)

THE FLORIDA BAR, Complainant,
v.
Harry E. KING, Respondent.

No. 33891.

Supreme Court of Florida.

April 21, 1965.

Miller, Cone, Owen, Wagner & Nugent, West Palm Beach, for The Florida Bar, complainant.

Chester Bedell, Jacksonville, for respondent.

*399 PER CURIAM.

On March 3, 1964, The Florida Bar filed a complaint against the respondent, Harry E. King, charging him with the following acts of misconduct which we quote from the complaint:

"3. The respondent, Harry E. King, did knowingly and wilfully solicit, procure and cause one James L. Busbee and one Rollie Arnold to commit perjury in testifying before the Honorable William D. Hopkins, Acting State Attorney for the Tenth Judicial Circuit, in and for Polk County, Florida, on the 29th day of February, 1956, that is to say respondent caused or procured the said James L. Busbee and Rollie Arnold to corruptly and falsely testify, under lawful oath, that they were present and did witness and observe a meeting between one Boone D. Tillett, Jr., and respondent, Harry E. King, on the 4th day of February, 1956, at or near Babson Park, Polk County, Florida, at which time respondent transferred $10,000.00 good and lawful currency of the United States of America to said Boone D. Tillett, Jr., and said testimony was, in fact, false and respondent knew that said James L. Busbee and Rollie Arnold did not witness the said meeting, as aforesaid.
"4. The respondent, Harry E. King, did unlawfully solicit, conspire, combine and confederate with one H.P. Gordon, the then Sheriff of Polk County, Florida, to have James L. Busbee and Rollie Arnold testify falsely and corruptly, under lawful oath, before the Honorable William D. Hopkins, Acting State Attorney for the Tenth Judicial Circuit in and for Polk County, Florida; that they, the said James L. Busbee and Rollie Arnold, were present and witnessed a meeting on February 4, 1956, near Babson Park, Florida, between Respondent, Harry E. King, and one Boone D. Tillett, Jr., when the truth, in fact, respondent and said H.P. Gordon knew that the said James L. Busbee and the said Rollie Arnold were not, in fact, present, nor did they witness said meeting near Babson Park, Florida.
"5. That the respondent, Harry E. King, did on or about March 19, 1956, knowingly and wilfully testify falsely under oath before the grand jury of the Tenth Judicial Circuit, which false testimony is set forth as follows: * * *."

(We omit here the specific testimony.)

Thereafter, on March 23, 1964, respondent filed his answer and request for hearing. The Florida Bar designated as referee Honorable Victor O. Wehle, formerly a circuit judge of the sixth judicial circuit and now again a judge of said circuit. Hearing was held before Judge Wehle on May 27, 1964, and on August 25, 1964, his report as referee was filed. Said report is explicit and thorough, and we quote the substance thereof as follows:

"SUMMARY OF EVIDENCE
"James L. Busbee, formerly a Deputy Sheriff of Polk County, testified (Tr. pp. 13-40) that in 1956 at the suggestion of his superior Sheriff, Pat Gordon of Polk County, he had falsely testified before the State's Attorney and before the Grand Jury regarding his having seen Mr. King and Mr. Tillett at a certain orange grove near Babson Park, at which time, Mr. Tillett and Mr. King exchanged papers. Busbee had not been present at that meeting and had not seen the matters to which he testified. Mr. King knew that Busbee was going to so testify and knew that the testimony was false and had been concocted for the benefit of Mr. King.
"Certain other evidence regarding the matter was stipulated to by counsel for the parties, which evidence it is not necessary to recite here.
*400 "Earlier in the proceedings (Tr. pp. 2-13) Mr. King, through his attorney, Mr. Bedell, admitted the allegations of paragraphs 1 and 2 of the complaint; admitted that Busbee and Arnold testified falsely before the State's Attorney as alleged in paragraphs 3 and 4 of the complaint; admitted that King knew that they intended to so falsely testify and that he did not attempt to dissuade or prevent them; and admitted that the testimony given by King before the Grand Jury as set forth in paragraph 5 of the complaint was untrue.
"The respondent did not concede that he procured or solicited Busbee and Arnold to give the false testimony before the State Attorney (Tr. p. 4) nor that he solicited, conspired, etc. with Sheriff Gordon to procure Busbee and Arnold to falsely testify.
"With these stipulations and with the testimony of Mr. Busbee above outlined, the Bar rested its case.
"The respondent placed on the stand numerous character witnesses (Tr. pp. 40-126) and offered to place many more character witnesses on the stand, but the Bar through its counsel waived this and agreed that the letters attached to the transcript as exhibits No. 2(a) through 2(dd) be received in evidence.
"The respondent was then placed on the stand and made an apparently full disclosure of all the pertinent portions of his participation in the transactions resulting in these proceedings (Tr. pp. 126-168).
"The respondent's testimony can be summarized as follows:
"He had been a practicing attorney in Winter Haven, Polk County, Florida, since 1925. He had become interested in politics and was elected State Senator in Polk County in 1940 and was re-elected for three succeeding terms totaling sixteen years of service. In the 1955 session of the State Senate, he was the leading candidate for President of the 1957 Senate, having secured sufficient commitments to assure his election.
"For many years, Boon D. Tillett, an attorney of Polk County, had been antagonistic to the respondent. Tillett was elected to the House of Representatives of Polk County, serving in the 1955 session. He announced as a candidate against the respondent for State Senator in the primaries of 1956 and a bitter campaign was anticipated.
"Early in the compaign, Tillett approached the respondent and offered to withdraw in respondent's favor if the respondent would reimburse Tillett for $10,000.00 of campaign expenses. Respondent ultimately agreed to pay this $10,000.00 to eliminate Tillett as an opponent.
"At Tillett's suggestion, they met in the grove near Babson Park for the exchange of the money and for Tillett to deliver to the respondent a signed announcement of Tillett's withdrawal from the race. The exchange was made and the respondent thereafter released the announcement to the press, whereupon Tillett revealed that the whole thing had been a plant to attempt to establish the respondent as having bribed Tillett to withdraw from the race.
"The Sheriff of Polk County, active in Polk County politics apparently decided to protect the respondent by procuring two of the Sheriff's Deputies, Busbee and Arnold, to testify that the respondent was the one that tried to trap Tillett and that the two Deputy Sheriffs had assisted in the entrapment by secretly witnessing the meeting in the grove near Babson Park.
"These Deputies did so testify before the State Attorney while he was investigating the case, and before the Grand Jury which was investigating *401 the case and ultimately issued several indictments.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

The Florida Bar v. Cox
794 So. 2d 1278 (Supreme Court of Florida, 2001)
The Florida Bar v. Cibula
725 So. 2d 360 (Supreme Court of Florida, 1998)
Inquiry Concerning Davey
645 So. 2d 398 (Supreme Court of Florida, 1994)
The Florida Bar v. Agar
394 So. 2d 405 (Supreme Court of Florida, 1980)
The Florida Bar
358 So. 2d 1363 (Supreme Court of Florida, 1978)
The Florida Bar v. Papy
358 So. 2d 4 (Supreme Court of Florida, 1978)
In Re Dekle
308 So. 2d 5 (Supreme Court of Florida, 1975)
The Florida Bar v. Thomson
271 So. 2d 758 (Supreme Court of Florida, 1972)
The Florida Bar v. Randolph
238 So. 2d 635 (Supreme Court of Florida, 1970)
Florida Bar v. Silverman
196 So. 2d 442 (Supreme Court of Florida, 1967)
Florida Bar v. Rose
187 So. 2d 329 (Supreme Court of Florida, 1966)

Cite This Page — Counsel Stack

Bluebook (online)
174 So. 2d 398, 1965 Fla. LEXIS 3487, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-florida-bar-v-king-fla-1965.