Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1902-03-26

one thing--lf | understood the re-
marks of the court correctly and
that is that we take no course with
reference to the Judge presiding in
this case that we would not take If
saint from Heaven were on the Bench
under the same circumstances We
make no statement in that paper and
are incapable OF making any, which
we do not believe to he absolutely
true
i"Judge Davis. 1t would be hard to
convince me that the counsel or any
body else present at the former trial
believes one statement in that paper
to be otherwise than inconsistent with
the truth.
Mr.. Fullerton. VIII the court be
kind enough TO say what that state
ment ISL
Judge Davis. 1t is unnecessary. |
will take n recess, with view of
consultation with. my brethren OF the
district as to the proper action to be
taken to sustain the dignity of the
court
Judge Davis's face was flushed
when he ascended the bench after
recess. He was evidently laboring
under strong emotion. and could with
difficulty control his feelings. He
said: In respect to this extraordinary
paper that has been handed to me,
| and my brethren concur very fully
as to the view | ought to take of it.
| shall proceed with this case-indeed,
this extraordinary paper leaves me
no alternative, if | have any respect
whatever. but to go on; but shall
reserve for future occasion such
proceedings as in my judgment are
required to vindicate the dignity of
the court, and of the profession itself,
from what ! deem most extraordi-
nary and unjustifiable procedure
"Mr. w. q. Bartlett. 4 did not hear
the last words, if your Honor plehsc.'
Judge Davis palc and knocking
with the gaveD. sit down, sir!
have examined the charge given by
myself, and 1t nowhere sustains any
L
to be as unfounded as untrue. No
further notice will be taken Of this
paper at present, but such action as
may be deemed proper will be taken
hereafter. Proceed with the case
"Mr Graha i wish your Honor
would permit an explanation now
Judge Davis dnterruptingy. L
cannot allow any remarks on the sub
jcct'
"Mr. Graham. All ask is an op
portunty to show that the facts al
legged in that paper are true
Judge Davis. No. sir
Mr.. Graham. You say. in the pres
ence of the jury. that we have de-
parted from the truth and | say in
the presence OF my Maker that | have
not departed from it.
Judge Davis trapping with his
gaveD. Counsel need not have any
fear but that an opportunity will be
afforded them
whispered consultation with Messrs.
Bartlett and eX-Judge Fullerton.
VIII your Honor allow us an oppor-
tunity to consider whether after that
dispara cement, we ought not to retire
from the cascY
Judge Davis quickly. This case
must go on. 1t must so on.
After another brief consultation
with Mr.. w. o. Bartlett, Mr. Graham
said; Not knowing what the court $
action will be. whether it would ad-
judge us In contempt or not we ask
an opportunity TO send for counsel
and put ourselves under his direction.
Judge Davis. Have YOU any oucs
tion to make in respect to these pro
ceedingsY
MIR, Graham. I have this to sug
gest In adVance-whethcr we ought
not 10 have time to consult with coun
sci as 10 the course we should choose
to take with respect to Mr.. Tweed
If we determine TO desert him now
II Will he impossible for him 10 sup
ply himself at once with counsel com
petcnt to carry on his case
Judge Davis. This case must pro
cced sir | shall give counsel no time
to mutiny. against their client,
MT Graham If we are entitled
to an exception, ! respectfully take an
exception. except to the remark.
OF your Honor and especially TO The
word 'mutiny' My oath knows n,
such word as 'mutiny,''
Judge Davis. No exception can b,
allowed | told counsel in advanc,
that no action can he taken on thl,
paper until the trial Is closed
MT Graham. We except. If an ex
ception Is worth anything
Mr.. W. O. Bartlett, Tho onl,
point, Your Honor Is that you leav,
us to go through the trial resting un
der an imputalion that we feel To b,
unjust. WIN you not, from a sense o
fairness, give MS nm opportunity I,
vlndlcatc ourselves to YOUR Houor?-
not to any one else but your Honor.
"lndge Davis No action can II,
taken ON that paper at present Tn,
trial must go on, If counsel remain
under an imputation through the trial
counsel may as well respect the fac
that the court remains under an i'm
pututlon also
Mt Graham, The court can serv
us both by granting us n hearing now
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