Evening journal., 1910-04-04
Long Hearing on 'Tyran-
nicaI Oppression" Charge
Before Squire GIuckman
Judge TO take an
Appeal

After a long hearing before Magis-
trate Barnet Gluckman at IL O'Clock
this morning. Judge Edwin r. Coch
ran, of the Municipal Court was held
in $500 bail for County Court on a
charge of ''tyrannical oppression"
growing out Of the hning OF Abraham
Tobias $50 for alleged contempt on
Thursday when Tobias declined to tell
the court his nationality.
Judge Cochran furnished bail. Clerk
of Court Lewis Sasse furnishing the
bond.
Judge Cochran announced that he
would carry an appeal to County Court
from the decision of the amgistrate.
Judge Cochran has not decided just
what form his appeal will take. He
IS considering taking habeas corpus
proceedings to get the case before the
State Courts without delay. While
Judge Cochran is out on his own red
cognizance, he has signed the $500 bail
bond but the bondsman has not. IL
may be necessary for him TO he ten
tatively locked up in order to start
habeas corpus proceedings
Squire Gluckman's court was throng-
ed when the case was called. and great
interest was manifested. j. Frank Ball
defended Judge Cochran. and Philip
J.. Garrett who caused Judge Coch-
~ans arrest prosecuted the case for
the State. in whose name the action
now is recorded.
At the beginning of the hearing
Magistrate Gluckman read the charge,
and then asked how Julge Cochran
pleaded Mr. Ball declared that there
was no charge to plead to, since the
charge was not made plain. He said
he would like to be advised as TO what
specific instance the charge was based
on Mr.. Garrett thereupon explained
the appearance of Mr.. Tobias as wit
ness in City Court against a colored
man charged with obstructing the
sidewalk Mr.. Garrett said the colored
man testified that Mr.. Tobias had
agreed to pay 81 for removing rubbish
from his cellar, but that when the
ashes were loaded. Mr.. Tobias offered
him only half a dollar. Mr.. Garrett
then declared that Judge Cochran re D..
marked THAT sounds like a jew
trick" and had then asked Mr.. To-
bias What is your nationality?
1lron which Tobias had said, i re-
fuse to answer the court -
Tobias was then fined $50 and costs,
Mr. Garrett said and was locked up
for an hour Mr. Garrett held that
Judge Cochran's conduct had been
Oppressive because Tobias was not a
witness when the question was asked,
and the question was immaterial Fur
ther. he declared the fine of $50 and
costs excessive for a refusal TO an
swer a question not material. He ask
ed that the defendant be held for the
upper court.
Mr. Ball added to Mr. Garretts eX-
PLANTATION that the case in which Mr..
Tobias had been a witness had not
been disposed Of when Judge Cochran
asked the question as to his nation
ality.
Mr.. Tobias. who says he is Re-
formed Hebrew. was then sworn by the
holy Bible. He said he lived at NO
911 Orange street. Interrogated by Mr.
Garrett he testified as TO his appear :
ance in city Court and his dismissal
from the witness stand. Other wit
nesses were called he said.
After which. he declared Judge
Cochran said: "He must be a jew
and alluding to him, said further
THAT must be a jew trick. Tell the
court that you're Jew
The witness said he had been thun-
derstruck as It was mot his habit tc
be abused like that. He said he had
simply said: Il refuse TO answer the
court the question: He was fined
500 and costs. he testified and the
Judge told an officer to arrest him
adding when he was going to the CELL
sPm not through with YOU Mr.. To-
bias said he was locked up an hour
and after trying to get lawyer pale
S206S and was released.
Cross-examined by Mr.. Ball. Mr..
Tobias said he had sworn by the whole
Bible on the tsand in City Court H'
said he was Reformed Hebrew
He insisted that Judge Cochran die
not ask him his nationality, but wheth-
er he was a Jew. The case was stu
going on when he refused to answer
the Judges question, Mr.. Tobias tes'
tined.
chief of Police Black was called
and testified that after Tobias had Ter
the stand Judge Cochran asked VIVA
nationality he was and Tobias refus
ed to answer the court Chief Blaci
could not recall other remarks.
Under cross examination. Chic
BLACK said Tobias had answered
little sharply. In answer TO Mr.. Gar
rett, Chief Black said he did not hea'
any further remarks.
Clifford Crossgrove, newspaper re
7,orter. testified that Judge Cochran
asked Tobias What nationality ar
vou?" He said the Judge had mad
some reference to Jew
Mr.. Garret then rested
Mr. Ball said he could very REASONABLE
ask that the case be dismissed since ther
was no evidence Of Oppressive or tyran
nlcal' conduct but he said he would cal
witnesses in order that all evidence Nigh
be heard.
Clerk Sssse Testifes.
Clerk Of the City Court Sasse thei
testified. He said that Tobias hai
sworn on the whole Bible. He said h
asked Tobias. in view of his name
whether he was a Jew. Tobias replied
that he swore on the Bible. He SAT-
he thought il nothing unusual whel
Judge Cochran asked Tobias what hi
nationality was. Mr.. Sasse said h
was positive that Judge Cochran di
not ask Tobias whether he was Jew
Witness could not say that he hear
anything about a Jew trick" To
bias answered the question as to hi
nationality abruptly. Mr.. Sasse said.
Upon cross examination by Mr. Gar
rett Mr.. Sasse insisted that he di
not recall the judge havink said any
thing about Jew trick"