The morning call., 1894-12-28
JUDGE HEBBARD'S LENlENcY.
Acquitted the Attorney of All
Malicious Intent.
ORDERED HIM TO PAY S7s ONLY.
No Alternative of Imprisonment Was
Mentioned, So Perhaps the At
torney Need Not Pay.

The great proceedings against Attorney
Malvern Nj. FOote for contempt of court
proceedings which were expected to be
replete with wild and fantastic sensation,
winding up with at least the decapitation
of the accused-came TO very tame end
ing in Judge Hebbard's court yesterday
morning. Foote was fined sos, without
even the alternative of term in Jail tall
ing its payment.
Foote'S crime was a peculiar one. APP
pearing as he did before Judge Wallace
as attorney for Dunning. Gordon and
OConnor, three of the accused election
officers from the Thirty-tirst Assembly
District, the attorney was extremely irate
because his Honor held these men to an
swer. He Immediately bounced into Pre-
siding Judge Richards court with writ
ten request 10 his Honor not to assign any
moro election-fraud cases to Judge Wal
lace. He referred 10 the venerable Jurist
as prominent member of the Democratic
party, and as much as intimated that he
was personally interested In securing the
conviction of all the election officers ac-
cused of malpractice in the last election.
In q word, FoOte said that a fair trial of
these men could not be had before Judge
Wallace, and he begged Judge Hebbard to
SeUO the cases 10 some QUIET court,
Had Foote seen the stony glare in the
eye of the Presiding Judge as he stumbled
through this extraordinary document he
would probably have lett off reading and
remem bered an engagement elsewhere.
But the attorney was unconscious OF all
save the paper before him and he read on
TO the end. Then he was asked if that was
all.
Foote said he believed he had given the
gist OF the idea. whereupOn the Judge
turned 20 his shorthand reporter and babe
him make an atfidavit upon the transcript
of his notes of what Foole had said. He
proposed to cite Foote for contempt of
court, describing his language as contuma-
cious and contemptuOus.
Here was glory indeed for martyr to
the cause of political righ teoGsness Foote
obtained the necessary time to instruct
counsel to represent him, and as Judge
Hebbard intimated that it was his inteu-
tion to give FOoie all the latitude he de-
sired 10 make good his charges against
Judge Wallace. continuance was ordered
until yesterday morning. The District At
torney was to appear as friend of the
court.
Yesterday morning arrived, and so did
Malvern NJ. FOOte with answer 10 the cita-
ton. The answer stated the facts of the
case and alleged as the ground of defense
that the accused did what he did in his
official capacity as an attorney, acting for
parties directly interested, and that in so
doing be had not intended to show any
disrespect or contempt. Furthermore.
Foote claimed that the language described
as contemptuOus was used long after Judge
WALLACE had minated to Attorney Long,
in the presence of Foote, that the proper
afldaVlts to secure the transfer of Uha
cases TO another court would be con sldered
az con;emptuOus. OF language of the same
purport. Foote also presented demurrer.
coniending that the language itself was
not in contempt but even if it were so
considered Judge HebDard had no jurisdic-
zion over language concerning Judge OF
another department of the same court.
In conclusion, F0ote said he had the
highest regard for Judge Wallace, but he
did not regard him as entirely without
prejudice in these cases. He held that an
attorney had a right TO appear before a
presiding Judge and ask that q cause be
not assigned to a particular department.
81 have the highest respect for the Judges
aud for the courts" said Foote, land in
making this motion do not think that
did anything improper" Then be sat
down and awaited the event.
Judge Hebbard promptly oVerruled
Foote'S demurrer. but said he thought
Foote had made very fair statement of
his case. But be had made no showing in
support of mis- charges of prejudice.
The offense here" said the Judge.
twas not in making the motion, but in
making charges of prejudice. which are
not supported by evidence. The contempt
was committed when you stated that
Judge Wallace was so strong a Democrat
that ne could not try these cases fairly.
do not believe that and | do not think that
you believe it now"
His Honor then said that Attorneys
Long and kowalsky had been to him with
a similar petition. Their reason for ask
ing that the cases be not assigned to Judge
Wallace was that he had conducted the
preliminary examinations. But as he con-
sidered the Police Judges barred, and also
Judge Beleher and Judge Daingerfield. by
reason of their having recently emerged
from the very election under inyestiga-
ton, Judge Hebbard had no recourse but
to assign the cases To Judge Wallace as
being the only remaining criminal Judge.
Judge Hebbard told Foote that his ac-
ton in addressing language to him which
he feared would subject him to contempt
of court if addressed to Judge Wallace was
inconsistent with bis contention that the
language was not in itself contemptuous.
But his Honor said he did not believe IN t
Foote had meant any disrespect, any con-
tempt. He had been guilty of CONTEMPT.
but IN view of this very frank statemept
to the court, 10 which he had often been of
service. his punishment would be light.
Judge HPbbaTd then imposed a fine of S25
Foote and his friends went out of court
triumphant, after FOOts had briefly thanked
the Judge for his clemency. FoOte did not
pay his fine, however. and as no alterna-
tive OF imprisonment was men toned Ev
the court, II is to be presumed that the
disgcrging of the $25 is left to the attorney