The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1909-04-26
ADVERSE
TO MARSHA SEEMS
PROBABLE
Judge Swan Reserves Decisiou q
Contempt Proceedings But Com
ments During Hearing Have IN.
tie Comfort For Former Clerk.
Attorney Geer Asks Time in Which
To Appeal II Decision b
Against Client.

Judge Swan did not find Walter d.
harsha guilty OF contempt OF court
and sentence him at the conclusion OF
the arguments In regard to the former
United States circuit court clerk.
Monday morning. but the remarks
made by the Judge indicate that an
adverse verdict will be rendered by
him within a day or so.
That Judge Swan has his own opirl-
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 or the pleas made for the de
PENDANT. This view became SO clear
to Attorney Harrison Geer that, the
latter, In his fral statement, did not
argue SO much for acquittal of Harsha
as for light sentence and the oppor-
tunity to appeal.
The proceedings were the first IN
the circuit court In q years In which
Harsha had been present otherwise
than as clerk. He was accused OF con.
tempt OF court In refusing to give up
certain Of his records as master-in.
chancery after Judge Swan had made
an order giving Special Examines
Charles DeWoody, OF the department
of justice, the right to examine them.
Harsha appealed from Judge Swans
order and this appeal Is still to come
up before the circuit court OF appeals
IN Cincinnati.
A large number OF attorneys wero
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 O criminal charge attracted
many of the older lawyers.
Karsha sat back in a dark corner
OF the room, his face half-hidden in the
shadow OF coats hung beside a win
dow. DeWoody, 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.
Geer first made a conventional mo-
ton to quash the affidavit of Frank II.
lwatson, On which the petition was
fled. on the ground that 1t was based
only on information and belief. and
that the court had no jurisdictions
This was denied. Then Geer went
into very long argument to the effect
that Harsha could not be guilty OF
contempt since he had an honest
belief that his duties as clerk and a.
master-in-chancery were so far separ-
ate that he was not compelled to show
records OF the latter office to de-
partment examiner.
Geer recalled to the court that ne
had asked for modification or the
courts order and also had appealed.
| Can a man be guilty or contempt
| in exercising a legal right?" asked
Geer. arguing that Harsha honestly be-
llieyed the court to be wrong and ex-
pected a reversal OF Swans decision
I'm the upper court. Harsha was not
wilfully or contumaciously In con-
tempt, II at all, he concluded.
"The same kind OF appeal Is coming
from Mitchell i'm the jail OF the DIS
trict ~ Columbia" declared Distric.
ATTORNEY Watson in his reply. He
saws that he had an honest belief that
The was right. sun. he is In jail.
"Harsha had no right to set up MS
opinion against the courts. IL ne
could do that, a man could put In Ola
torv motions as long as he wanted 10
do SO. and the very thing the court
orders be delayed
Judge Swan seemed 10 take the
same view saying: III q party hnow
ing an order has been made, may re- a.
,,,se IN obey Il because he thinks IL Is
wrong I do not know where the courts
will And power 10 restrain.
Geer finally declared that he couin
not understand the "vindictiveness, o .,
instruct Attorney Watson. He told
how Harsha had persuaded him. as 81.
Paul almost persuaded Agrlppa, oi .ns
i,atice OF his cause. Then Geer APP
healed 10 his old acquaintance at the
bar with Judge Swan as an evidences
that he would not countenance client
IN contumacy against a court, and
finally. appealed to the judge TO re, re.
member that Harsha would no, Dc I Ts
only one to suffer II toun q t sSe verdict
requested time TO appear IL 'ne
be adverse. .s,o,,rn.
Judge swan stated before aa)ouIn.
ing the case, that he would rehoer ms
decision soon.