The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-03-11
cox ATTEMPTS
TO BIAS COURT
Cincinnati Judges Give Startling
Testimony on Stand
100000 BOND INVOLVED
Former Republican Leader of HamlI-
ton County Asked Judges to Try
to Make Decision In
His Favor.
100000 BOND INVOLVED

Cincinnati, o., March 1O.-Two judges
of the circuit court in testimony before
the Drake Investigating committee of the
state senate this afternoon charged that
George B. Cox, formerly republican leader
in Hamilton county. had tried to influence
the judgment of that court in a suit in
volving two hundred thousand dollar
bond, while a third judge testified that
Cox had simply asked him that the case
be given a fair and impartial hearing
when 1t came up on an appeal.
This testimony came at the close of a
day devoted to testimony regarding the
purchase of turnpilxes, much of it of COM
paratively minor Importance. The judges
of the circuit court had been subpoenaed
as witnesses, the general understanding
being that they were to appear because
of the tunrpikes. The examination, how
ever, took an entirely different turn.
judge JeIks Testifies.
Judge Ferdinand Jelks, Jr., of the cir
cult court, was the first witness. At
torney Roetting called attention to the
suit brought in 1890 by the city against
the Lane and Bodley company and the
American Bonding company for $50OOoo
for an alleged default as contractor in
building the. city water works, in which
the lower court had given judgment for
$2Ss. 7l2, and asked:
'I want to ask you if an effort was
made TO influence the judgment of your
court in the final disposition of this case?'
Judge Jelke replied:
81 called on Mr.. Cox in his office. Mr..
Cox said to me:
n'Judge, that Lane and Bodley case
is coming up for hearing in your court.
I wish you would find some way of re-
yersing it,
II said:
" Mr.. Cox that case will be tried on
its record. just like any other case.
What did Mr. Cox say In reply?"
"There was very little said. He said
he had been one of my associates on the
bench. My impression was that he was
not pleased"
Judge Jelke said that the case had
finally been decided; that he voted to
affirm the lower court.
Cox Sent for Judge Griffin.
Judhe Griffin of the circuit court fol-
lowed Judge Jell1e and testified:
Mr.. Cox sent for me- Mr.. Cox said:
% L wish you could see your way clear
to reversing this case because the Lane
Bodey company is large concern and
unless a compromise Is effected, they
may be compelled to go into bankruptcy"
81 told Mr.. Cox the case would go on
trial. Cox did not tell me to find some
way to reverse it. He wanted to know
IL 1 could find my way clear. This is
all / recall now"
Judge Peter F. Swing of the circuit
court testified that he remembered the
ca Sc against the Lane Bodley company.
and the American Bonding company. He
said:
"Mr. Cox said to me there was some
talk of a compromise. and he wanted
our court to give 1t a full and fair con-
sideration. He said nothing to me about
having a desire that the case be reversed.
l told him that l would give 1t full consid
Grafton; that followed without me tell
ing him.
Some time after that Judge Jelke said
there was something about the case that
he did not like. / told him that If there
was anything wrong we ought not to de-
eide the case. He did not make 1t that
strong. never made any investiga-
tion of the matter. The case terminated
in our court by Judge Jelke saying that
he was unalterably opposed to reversing
II and that | was unalterably opposed
to reversing il and that | was unalteraby
opposed to affirming il. After that I
had nothing at all to do with the case.
Mr.. Cox did not intimate in any way
that he had any interest in the Lane and
Rodley company