United labor bulletin., 1911-05-04

l"GENTLEMEN OF THE COMMITTEE:
This prosecution was begun on the
| goth day of last January in the house Of
representatives, by the lodgment of pc
tition and general charges by John Nc
Lehman, the president of the Colorado
State Federation of Labor. / was at
that time the attorney for Mr.. McLennan
in his Official capacity and also an at
torney for the United Nine Workers of
America. For this reason or otherwise,
through the public press and in other
ways, designing individuals have under
taken to show this prosecution to be a
miners fight against the judiciary of this
state.
Il desire now, it being the first oppor-
tunity which l have had to publicly do
so, to refute both charges which have
been made both through insinuation and
public assertion
This is not a miners fight; this is
an element of assertion upon the part
of free people and a protest against
lawlessness in high places.
1T is only one of the evidences that
the people of our country are returning
| to the old ideals of free and independent
government in this country II is one
of the pleas that are going up from
coast to coast for the dominion of flesh
.
People have stared in amazement that
the petitioner in this case should dare
assert his constitutional right and ask
that judge be removed from Office. as
II he didn't have the same right to de
mand the removal of a Judge. for good
and sufficient reasons, as he has TO cast
his ballot as an American freeman
1t may be that I have been criticised
for appearing before this committee in
those people who frown upon the inde-
pendent thought and action of man and
who shudder at disturbance of the es-
| tablished order of things.
-lt may be that | have been accused
| as one of a band of plotters, undertak
| ing the ruin of a judge who had decided
against my contentious and the conten
tions of my clients in court of justice
ITO such statement l have given no
heed and for such outrageous villiany,
have no care Neither is this prosecu-
tion the offspring of anarchy. Anarchy
does not seek to remove bad judge;
| IL seeks their elevation. And the worst
form of anarchy that can ever afflict us
is the anarchy that parades under the
false cloak of conservative aristocracy.
The anarchist with bomb may destroy
a man but anarchy wrapped in the robes
of judicial ermine. strikes at the very
In the beginning l protested against
a trial of this case before the committed
did not feel then. and do not feel now,
that you can exercise any of the func-
tions of trial body. felt that your
duties were purely inquisitorial and the
only. question for your determination was.
and is. are the charges sufficiently sus-
tanned to warrant a trial before the bar
of the senate?
ha nod hu h. AAfa
in this case is inconceivable from any
point of view. except perhaps, its own.
Before beginning with the discussion of
the facts in this case, l desire to compli-
ment Judge Stimson upon the fair and
able manner in which he has presented
his clients case to you Mr.. Hersey, his
associate, has made some veilcd insinua-
tions in regard to the part taken by some
people connected with this prosecution.
have to say this with reference to him.
that II in the course of his remarks he
has had reference to me, that 1t is not
the first time that lump of filth has
been dropped into my path: nor is 1t the
first time that homeless snake has
hissed around my heels.
Now let's talk the facts in this case
over with one another.
Judge Whitford, under the resolution
of January S0th, was charged with con
duct unbecoming Judge and such as to
bring disgrace upon the high office which
he holds. Frequent references have been
made to the Canning case ,ne evidence
in which you have heard from the wit
ness stand. Above all the statements
that have been made: over all the asser-
tions of counsel in this case. the bald
fact that Judge whitford had the mys-
terious voice to call the county Jail in
the hours of night and persuade that
man to have his young wife deposit her
diamond rings upon the bar of justice
stands out as the one reprehensible and
unspeakable act in this record Portray
the character OF the man who did not
pay alimony to his first wife. as they
will; denounce him as n brute. IL they
must, but the price of his liberty was
not depentnant heart. but the jewels