New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-06-17
Mr.. WILCOX IS CLEARED.
Satisfies Justice Brady That He
Has Been Misguided.
CONTEMPT CASE IS DROPPED
Original Manuscript OF =. NJ. G. A
Speech Relieves Public Ser
vice Chairman Of Charge.

Justice Brady. of the Supreme Court, dis
missed Yesterday the charge OF criminal
contempt of court brought by him against
William r Wilcox, chairman OF the Puo-
lie Service Commission, for an aiegeo
statement by the latter which. Justice
Brady took as a reflection on the court
The version of Mr.. Willcox's statement TO
which Justice Brady took exception was
printed in a newspaper, whereas the exact
statement of the Public Service Commits
sioner, as submitted yesterday in VTitlnS
to the court, differed materially from the
newspa per article that purported to quote
Mr. Wilcox.
The proceeding brought by Justice Brady
was the outgroWtll of a suit by the PUBIC
Service Commission against Frederick W.
Whitridge. as receiver of the Union Rail
way Company. for S750,000 for alleged
failure to equip cars with wheel guards
The case came before Justice Brady for
trial At the outset he explained that ne
was a stakeholder in the Third Avenue
Railroad Company, of which Mr. WHIT
ridge is also receiver. at the same time
expressing some hesitation about presiding
over the trial of the case. Counsel for
plaintiff and defendant agreed TO try the
case before Justice Brady. a few days
Whitridge, the justice dismissed the suit
on q technicality.
Following this the trouble began Chair
man Wilcox delivered ar address before
the Financial Forum of the West Side
Young Mems Christian Association
newspaper quoted him as saying about the
SUR against Whitridge:
This suit, unfortunately, was tried be-
tore q Judge who admitted that he was the
owner Of stock in the company, and the
suit was dismissed on a technically
On the strength of this quotation Justice
Brady brought the criminal contempt pro-
ceeding. On the day the court order was
retlrnable Mr. Coleman, counsel for MT
Wilcox. made a long argument, maintain
ing that there had been no contempt ana
that the proceedings were Irregular be-
cause of the irregularity of the trial of the
case from which it had sprung Mr. Will
cox then pleaded not guilty.
When the case again came up. week
ago ex-Judge Alton B. Parker appeared.
as prosecutor, having heen retained by
Justice Brady. The case was adjourned
until Yesterday.
Ex-Judge Parker opened the proceedings
by saying that the published version OF
Mr. Wilcoxs public utterance was clearly
a, criminal contempt of court, being false
and grossly inaccurate account of a jul
dicial proceeding" Mr.. Parker called at
tention to the action of Justice Brady on
the trial of the suit and asked counsel
for Mr. Wilcox either to admit or deny
the words attributed to him. Mr.. Coleman
then addressed the court, denying that the
newspaper article properly represented the
statement. OF Chairman Wilcox. Then,
With permission of the court, he read from
the original manuscript just what Mr.. Will
cox did say.
Nj Coleman added that Mr.. WILCOX mad
no desire to show any disrespect to Justice
Brady or reflect the integrity OF the
court Mr. Parker glanced over the manu-
script of Mr.. Willcox's address and then
advised the court that no contempt had
been committed and that the proceedings
be dismissed. Justice Brady declared ff-
teen-nainute recess to give him time TO
read the address He then dismissed the
charge against Chairman WILCOX, closing
the incident with this statement:
Proceedings such as this afford the only
form Of protection remaining to courts of
Justice to defend their good name and the
honesty of their proceedings from attacks
either wanton or needless. of unthinking
critics or DISAPPOINTED Ntigants.