The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1909-04-27
OUTLOOK SEEMS
DARK FOR MARSHA
Decision Reserved in Contempt Case
But Intention Is That Verdict
Will Be Guilty.
Judge Swan did not find Walter S.


Harsha guilty OF contempt OF court
and sentence him al the conclusion OF
the arguments IA regard to the former
United States circuit court CLERK.
Monday morning, but the remarks
made by the Judge indicate that an
adverse verdict viii be rendered DY
him within day OF 80.
That Judge Swan has his own opii-
ion as TO Harsha's guilt was indicated
several times when he informed Dis
trict Attorney Frank III. Watson that
II was not necessary To go into GER
tain OF the pleas made for the de-
PENDANT. This view became SO clear
TO Attorney Harrison Geer that the
latter. In his dnal statement. did no.
argue SO much for acquittal OF Harsha
as Tor light sentence and the oppor-
tunity TO appeal.
The proceedings were the first in
the circuit court In II years in which
Hsrsha had becn present otherwise
than as clerk. He was accused OF con-
tempt or court in refusing To give up
certain of his records as master-in-
chancery after Judge Swan had made
an order giving Special Examiner
Charles DeWoody, OF the department
OF justice, the right TO examine them
Harsha appealed from Judge Swan g
order and this appeal Is still to come
up before the circuit court OF appeals
In Cincinnati.
large number of attorneys were
present, interested In the case. The
fact that Harsha. who was regarded
as Judge Swans right-hand man and
main reliance ever since the judge has
been upon the bench, was before the
court on criminal charge attracted
many OF the older lawyers.
Earsha sat back in dark corner
OF the room, his face half.hidden In the
shadow of coats hung beside a win
dow. DeNoodyI the man who has
driven him from the place ne so long
held. sat at the table before the judge
and alongside District Attorney Wat
son.
Gcer first made a conventional mo-
ton TO quash the affidavit OF Frank II.
Watson, On which the petition was
filed. on the ground that II was based
only on information and belief. and
that the court had no Jurisdiction
This was denied Then Geer went
into a very long argument TO the effect
that Harsha could not be guilty OF
conte mpt since he had an honest
belief that his duties as clerk and as
overwhelmingly were so far separ-
ate that he was not compelled 10 show
records OF the latter Office TO de-
partment examiner.
Geer recalled TO the court that he
had asked for modification OF the
courts order and also had appealed
Can man be guilty OF contempt
I'm exercising a legal right" asked
Geer. arguing that Harsha honestly be-
lieyed the court to be wrong and ex-
pected a reversal of Swans decision
in the upper court. Harsha was not
wilfully or contumaciously in con-
tempt, IL at all. he concluded.
The same kind OF appeal is coming
from Mitchell in the jail of the Dis
trict of Columbia" declared Distric,
Attorney Watson in his reply. He
says that he had an honest belief that
he was right. Still, he rs in jail.
"Harsha had no right to set up his
opinion against the courts. III he
could do that, man could put In di!a-
tory motions as long as nc wanted to
do So and the-xery -thing-the court
orders be delayed"
Judge Swan seemed to take the
same view saying: IF party, know
ing an order has been made, may re-
fuse TO obey 1t because he thinks 1t Is
wrong. | do not know where the courts
will find power TO restrain
Geer finally declared that he could
not understand the "vindicuveness' OF
District Attorney Watson. He toll
how Harsha had persuaded him, as st.
Paul almost persuaded Asrippa' OF the
Justice of his cause. Then Geer APP
pealed to his old acquaintance at the
bar with Judge Swan as an evidence
that he would not countenahce client
I'm contumacy against a court, and,
finally, appealed to the Judge to re-
member that Harsha would not be the
only one to suffer IL found guilty. He
requested time to appeal If the verdict
be adverse.
Judge Swan stated before adjourn
ing the case, that he would ender his
decision soon.