In re Kahn

Murphy, J. (dissenting).

I dissent and would grant respondent’s motion to confirm the report of the Referee. The majority in its opinion has set forth the facts relative to the instant disciplinary proceeding.

Hon. George Trosk, the learned Referee who heard this matter,, in his report stated:

“ Thus, the question is: do we accept the testimony of the Hedges or do we accept the testimony of respondent.

“ In my opinion, to state the question is to answer it.

“ I venture to say that it would be difficult, if not impossible, to find anywhere in the annals of the law, another case in *125which a witness…