The sun., 1910-06-02
WILCOX PLEADS NOT GUILTY
ms LAWYER TELLS'THE COURT
ITW WAS ~ THE WRONG.

william II. WillcoH. ohAiruiAn Of the
Public Service Commission. appeared
belorO Supreme Court Justice Brady
yesterday on the order To show cause
Why ho should not b. adjudged in con-
tempt for public criticism he has mads
Of Justice Rmdy's ruling against the
Pubic SarviCs Commission IN ~ SUIT
20 recover e75O. .OOO penhlties from Rsoeiver
WhitridgO OF The Union Railway Company
Through George s. Coleman. chief oounssl
for the Public Service Commission. hs
pleaded not guilty and tho prOooedings
were adjourned until June n 10 that
evidenoo could 10 prodncsd Of tho state
ments he is crodieed with making.
CommiaAionsr WILCOX and his counsel
were before Justice Brady twice. IN
the morning Justice Rrndy said his Attan-
ton had been called on THURSDAY 70 a
report in a nswspaper Of = speech mads
By Commihaionsr WILCOX heforo ths
finance forum Of the West Side Y. n. c. A.
The ObjecGionAble words were: This suit
was unfortunately tried hoforS q judge
who admitted that h0 was the owner OF
stock in tho company. and the suit was
dismissed on a teohniORhty.' JbHtios
brady said:
"Feoling that upon the language quoted
you had made publication Of false and
grossly inAOOurats report Of the pro-
cosdingB Of ths court and wors by roason
thereof guilty Of criminal oontsmpt OF
court have ACCUSED you Of the same
and have oaussd notice OF such accusation
10 IN served upon you and have given
you due notion and roaaOnablo time T.
make the dsEenos. I am nov ready 70
hear you
Mr.. Coleman replied that in behah
Of Commissioner WILCOX. who appears
out Of respect N your Honor "a Judge
without Oonosding that tho Court has
authority in this matter 70 mako the
order. he asked that the order bo v'lcatod
on the ground that the Court had no
power 10 make IT, His chief reason was
that Justice Brady was ~ a matter of
law disqualified 10 sit a. a Judge In ths
trial Of the oass referred 70 because Of
his interest in the matter Of law involved
in the action before him and because tho
consent Of the attorneys for the rospe0tive
parties in that proceeding did not qualify
him 10 sit.
The lawyer declared that the pro-
hibition in the statute could not b. waived
by the parties or their attorneys and
could not he waived or overlooked BY the
Judge Even cOnOedinE that the state
ment objected TO was accurately reported
Mr.. Coleman aaid that i did not oOn-
stituis . criminal contempt He read
sections Of the laW relating to the dis
qualifications Of judges and said that
wilful violation Of the statute was a ms
demeanor punishable by Imprisonment
or fine 20 ten times the extent that a
criminal contsmpt of court proDeriy
proved would he subject to-
Mr.. Coleman insisted that since Justice
Brady was a holder of stock in the Third
Avenue road and Il appeared from the
record that the Third Avenue road owned
all the stock ~ the Union Railway Jus tios
Brady was 40 Interested IN the case n 90
h. disqualified under the statute to hear
il. Thsstook ssiiIl quoted in the markst
and has a certain value. he said. Gt was
selling around yestl Jusuoeerday
Brady had honestly called sttenti0n 90 /
/ he fact that he might he Interested IN /
this litigation and the remoteness of ths |
interest vas imrnaterial. The aseetR of
I he Union Railway might have been wiped I
ont by q judgment against y in the case I
he heard
A. 20 the agreement u counsel that /
Justice Brady could hear the case Mr.. /
Coleman sad he assumed that counsel /
wert entirely ignorant Of the 'law and /
{ hat both they and the Court acted IN I
good faith. but that did not relieve tho .
situation A criminal coutcmpt Could
not he spelled out oi tho allegations IN
Justice Brady's order COmmiaaioner
Willc0H did not speak falsely when ne
said Justice Brady was a stOckholder IN
the company. because any sensible man
woud acoept heing a stockhOltier in the
THIRD Avenue Railroad ~ The same thing
a. heing a stoCkholdeT IN the Union Rail
way, and IN long NJ the charge Wa crimi-
nal contempt MF WiilcoH did not speak
falsely Whan he said that tho Whit ridge
snii was dismissed On a teChnicaluy 40
long a. ons Of tho tour grounds upon
which u was dismissec was a technical
ground.
Justice Brady denied the motion 70
vacate the order and then Mr Coleman
said that under tho statute Whsn. the
Nas not committed IN the
presence n the Court the person oharRad
must he notihed u the aocJRation and
have a reasonable time % make a DE-
'euCr he asked that a framed acctma-
lion which could he answered be served
Does your client deny tho allegations
n the order % show causes' asked the
'ouTt
NY client 10 not called upon yet to
plead your Honor. There n no accuse
Ion made
Mr.. Coleman said he thought u would
W prnrer judicial procedure ~ have the
acts and circumstances constituting the
sst out. WIih such particulars
hat Commissioner WILCOX could be able
% make a defence but Justice Brady
ienied the application for the service
II further papers saying that he thought
Commissioner Wilcox was intelligent
lnough n understand the basis ~ the
,cctsatiOn from the papers already
erved
NJ Coleman said that Apparently
Justice Brady's sale Information was
'OmethinR published IN a newspaper.
md the Court said.
III your client will deny that he said
Fhat was puhlished will furnish proof
! don know that my client IL ready
Mr. Colsman
Your client is not hound replied the
'Ourt Your client ran 80 there AZ he
iOea now without Openink his mouth
" making a sim ~ sound but u your
'lient Il manly enough tO either deny or
.firm / wouh rather he would do Il
5e did MT come OUT like man and say
hat the Judge before the case was
ried
4 take an exception o. vOuT HOnoF's
statement snid Nr Coleman
H...f..... ma-N9 - :. -.