Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1897-05-07
BRATTLEBORO LOCAL.
JUDGE VIII HELER IS UPHELD.

WlchelmRn's Charge of Oppression Is
Termed "PrepOsterOus" by the Court
of Appeals.
The United States circuit court of APP
peals has issued a statement iustifying the
course of Judge Hoyt II. Wheeler of the
United States circuit court, in suit
brought. against Frederick A. Wichelman
of No. 324 East Eighty-Ninth street.
Wichelman appeared before the court of
appeals on Monday of last week, and applied
for writ of mandamus to compel Judge
Wheeler to grant him a re-hearing in his
case, which had been denied. He also
wanted to prefer charges against Judge
Wheeler, he said, "for oppression and
error or fraud" The statement issued by
the court of appeals is in part as follows:
Investigation of the record of the court
shows that the case, coming in due course
before Judge Wheeler Mr.. Wichelman ap-
pearing in his own behalf was fully heard,
the case was duly considered and decided
adversely to the defendant. Thereafter
he applied for a rehearing his application
was granted. The hearing was had before
Judge Wheeler on December 16, and was
decided by him on December 30, and the
decision duly recorded in the docket book
on December 81, 1896.
'ln view of these facts, this court is ut
terly at loss to understand what the de-
fendant means by his statement that he
has been oppressed by Judge Wheeler in
that his case has not been decided. 1t is
unfortunate for the defendant that he has
not retained counsel to attend to his lti-
cation, and all proper consideration may
be given to the ignorance of layman who
undertakes to conduct his own cause, but
in view of the fact that the entry was
made in the docket book, which the defend
ant, the clerk of the circuit court informs
me, has repeatedly consulted, his state
ment in this court that he has been op-
pressed by reason of failure to decide his
case is preposterous. If we believed that
the defendant made this charge with ac-
tual knowledge of the fact that his case
had been decided upon rehearing, it would
be proper to take some action in the way
of discipline, but since it may be that the
defendants lack of intelligence has pre-
vented him from understanding the mean
ing of the entry in the docket, we are will
ing TO give him the benefit of the doubt"
Since the decision here referred to Wich-
Gilman has again appeared before the judges
of the court of appeals with a reteration
of his charges, and the judges have again
second appearance was on Monday of this
week. The Evening Telegram of that day
says
Judge Wallace again refused to enter
tain the complaint, saying that Judge
Wheeler had been on the bench of the cir
cult court for many years, and prior to
that had sat upon the supreme court bench
in the state of Vermont. He further de-
ole hat Ind Sc
standing Wichelman's charges were utter
ly incredible and it caused much annoy
ance because they found their way into the
public press. He said also if Wichelman
had any real grievance in the patent suit,
he could certainly get redress by appealing
from the decision of the court"
The Evening Suns account says
There is only one place where charges
can be made against United States judge"
replied Judge Wallace to Wichelman's s
complaint, land that must be by an appli-
cation for his Impeachment"
And that is before Congress?' Wichel-
man asked.
Yes; to Congress- said his Honor.
| Continuing, Judge Wallace said: Your
action in making the charges against udge
| Wheeler is matter of much gravity.
| Judge Wheeler has had long experience
| on the bench. He is a man whose charac-
ter has always been without Dlemish. 1t
| is utterly incredible that he could have
! Intentionally committed wrong or have
! done an injustice in your case or in the
case Of any one else.
In saying that only to Congress can
charges against a judge be made we don't
want you to suppose that we for moment
imagine there are the slightest grounds for
your charges"
Wichelman handed some papers to the
clerk and left the courtroom.
"Will you carry this matter before Con-
| gress?" he was asked.
81 most certainly shall" was his reply
81 most certainly shall"