New-York tribune., 1910-06-02
WILCOX FINALLY PLEADS
His "Not Guilty" Places Burden
: of Proof on Justice Brady.
CONTEMPT HEARING WARM
Counsel for Commissioner ana
Court in Colloquy Over DUAL
ifcation Question.

ifcation Question.
zs~1Iiz-, r wilcox. chairman Of the
p-,hlic Service Commission, appeared yes
,arsav before Justice Brady IN the supreme
f-o,,rt. IN compHsnce with an order TO show
rs1.se why he should not be Pl1lsLt- l'f
criminal contempt OF court
through counsel he pleaded not glii's-
his rles. requires Justice Brady ~ prove
his charge when the case IS again called
m June l.
The charge Of contempt grew out n an
alleged urterance BY Nh wilcox regard
i-E the dismissal by Justice Brady OF an
action % the Public Service Commission
against Frederick " WhitTidge, as re-
~ei-er Of the Union Railway Company Ior
s-saes0 for alleged failure 10 comply with
sn order TO place wheel guards on us cars
Justice Brady announced at the time JilaI
he was stockholder t1 the Third Avenue
Railroad Company, which owns the Union
Palvsy Company. The statement quot
ing Mr.. wilcox 10 which Justice Brady
took exception appeared in newspaper
e. pa-t Of an address that the Comnis-
zio7er delivered at the west side Branch
n ira Young Mems Christian Association
II The account Of the address he was
quoted as referring 70 the admitted in
terest' n the vyhitridge case OF the justice
tsfore whom II was tried and who dis
missed it on q technicality-
Justice and Lawyer Clash.
A. the proceedings yesterday there were
several clashes between Justice Brady and
George s. Coleman counsel Of the Pubic
Eervice Commission. VINO appeared for the
chairman
Mr.. Coleman argued that Justice Brady
1sz DISQUALIFIED from presiding Il the trial
CT the case He said that under the law I
was 2 r1isdereauor punishable by irpris-
onrnert and fine for q Judge 10 preside at
2 trial when By even the remouest interest
ne IS disqualified. The lawyer added that
rhe punishment IN such cases was ten times
greater than could be imposed for contempt
- court
Argues for Disqualification.
NJ. Coleman quoted first in support ot
MS contention Section Is Of the judiciary
lsv, as follows:
Disqualification Of 3 Judge by reason OF
interest or consanguinity: a Judge shah
not sit as such IN or take any part IN the
decision OF 3 cause or matter TO which he
fr 2 partT, Or fl which he has been attor-
nev or counsel, OF in which he IS interested.
or = he IS related by cOnsanguinity or az
enitv 70 any party 10 the controversy with
~ -re sixth DECREE The degree shall be
sscertzfned by ascending from the judge 70
+he common ancestor, and ascending 10
the perty. counting in degree Tor eacn
re-son IN both lines, Including the judge
-arrv. and excluding the common ancestor
-. = 5rsre OF the Court Of Appeals or
,77z-i-e Of the Appellate Division Of the
-,r-rar7a Court shall not bs disqualified
4ro77 taxing part II the decision Of an ac-
-,o7 or speciaI proceeding in which an IN
svrgnce company is party or Is Interested
Nv reason Of his being Pollcyhoiaer
therein
NJ Coleman argued that in the face q
-na STATUTORY. disqualification jurisdiction
could not be given by consent Counse-
+bs7 quoted two decisions OF the Court OF
Arueals On the question Of disouallficatio ton
AHeqed Ne Criminal Cortsrpt
-- r7an Nr. Coleman got down to The ques-
-tor of fact. He said that nothing n the
,-o,--- order showed that a criminal con
-e-,nr - beer committed The order. he
sals did not state the source Of the IN
formation nor the precise language he
showed II his argument what effect an
a5,e-ze verdict IN the suit would have had
~, -l7e stockholders Of the Third Avenue
EsT-oad -Coupau- The assets O. Ihe
Tinted Railway Company, be sald' ullEhI
have wiped out the assets OF that cornpaLlT-
s,T --4n-y- Nr. Coleman went on, Il
--,r-,- honor please. that would Ia me
zrouer judicial procedure, 70 have the 1acJs
snd circumstance which constitute me &C
-l5ss+fon set out with such particulars that
rre respondent may De able 70 prepare
defence 70 it
Justice Brady replied:
The application for service Of turtnei
-r--l- . hos
are quite sufficient to apPrtse your client
- the basis of the accusation think he
IS INTELLIGENT enough 70 understand II.
NTr Coleman then said:
VIII YOUR honor have noted my eZ-
~eprion 10 YOUR horor's ruling. and per
-r5- me 20 say one word-even from your
.snonor-s reading this morning. the sole in
formation was something published Ia
newspaper. Is there any
L vou- client VIII deny that, VIII
Furnish proof
IT don't know thai my client is ready
Your client IS rot bound. You are right.
think on the law. without question.
Your client car sit there as he does now,
without opening his mouth or making
=lEn or sound hat If yof- client IS manly
enough 70 either deny or affirm, 7 would
rather he would do IT,
Exceptions = Courts Statements.
T have to except rc vou~ honor's sug-
Eesrion Nv client is rot-aud Z merely
asked az matter of right that he be
furnished with an accusation definite in
-fo-rr chsr may be met
TT- knows what was intended h- that
Trz- very word sdr7ft'-rs IS said 70 have
uttered the words The Judge admitted
-1sr ne vas the owner of stock. You
know and he knows what was intended 70
- conveyed bv that word admit r meant
-1ar rhe r1dze admitted. --her he vas
-sge6 with ir-ths- he admitted, C-L1linslJ-
s6snitted-thsr he was t1e owner of the
r-c-k
think rc-. - rs not SO alleged
Ee die TOT cone o-5- Iilt 2 man and ser
thzr rhe Judge before r7e case Tas
'trlsd d.
Set take an exception r. vour houor's
-s-srsrrenr
Very well vou are entitled ro 81 as
s-as-rer q right
also ask vour honor n remember this.