The Washington times., 1911-07-24
Set Up the Statute of Limita-
tions as Defense to
Contempt.
WILSON DECLINES
WRIGHT INVITATION
Federal Prosecutor Refuses to Be
Member of Special Bar
Committee in Case.

<aAhOuuS4uS luelT luL6uLlOu u
plead the statute of limitation in
defense of the new charges of con-
tempt Of court against them in the
District Supreme Court, before JUS
tice Wright, President Samuel Com
lpers, Vice President John Mitchell,
and Secretary Frank Morrison, of
the American Federation Of Labor,
this afternoon asked to be allowed
to present written pleas of mot
guilty" to the contempt charges and
be not required to present formal
answers
Judge Alton B. Parker, former
Democratic candidate for President,
and Attorney Jackson H. Ralston
presented these motions to Justice
Wright for argument after recess of
court at 2:30 this afternoon.
Gompers and Morrison were In
court to hear their motions present.
ed. Mitchell was absent.
Will Ask Exemption.
Attorney Ralston said he would move
the court to exclude from consideration
all acts OF the indicted labor leaders
since July II. 1908. three years before
lie present contempt charges were
filed. the statute of Limitations being
operative under this three year period
He said MANY Of the alleged acts Of
contempt Of court occur ed since the
beFinninG of the three-year period of
Judge Alton B. Parker continuing the
tactics Of the labor officials to avoid
HUng their answers to the charges, said
he would file a motion that they be
entitled to plead not guilty to the
charges.
Justice Wright said he had always
required all pleas from defendants in
criminal cases, and asked for argument
afternoon.
Prohibition of the Fifth Amendment to
the Constitution against the defendants
giving evidence against themselves in
criminal cases, is relied upon by Judge
Parker.
Parker's Argument.
IF we give details of our defense in
our answers, under order Of the court,
1t practically amounts to direction of
the court to give evidence against our
selves" said Judge Parker
IheSe additional motions of the de- |
fendants followed temporary overrulinr
by Justice Wright of their motions for
q bill of particulars, to set out in more |
detail specific acts Of contempt charged |
against them.
An Of these, with four other motions
'fled last Monday, are made by the |
federation officers to avoid filing an
swers. They have strenuously opposed |
ming any answers to the charges, sub
uniting the motions one after another to
secure delay.
Permission to amend the motion for
9 bill Of particulars was granted by
Justice Wright, and the motions as
noon.
Justice Wright resumed hearing the
case against the labor leaders at II
Q clock this morning.
Immediately aftcrward a letter was
read to the court from Clarence VIII
son, United States district attorney, re-
spectfully declining appointment as a
member in charge Of the prosecution of
Gompers and the two other defendants.
! Assistant United States District At
torney Turner read the letter of de-
clination, Mr.. Wilson being unavoid-
ably absent. upon his vacation in Maine
I consider that, as District Attor-
ney," Mr.. Wilson says in his letter
there is no duty incumbent upon me to
take part in the present proceedings
against these respondents for alleged
contempt of court. Nor do l think |
with entire respect to your honor, there
Is IN the cC'Irt any authority to desig-
nate or appoint me, as district attorney,
member Of the committee to act in
this matter. l must, therefore, re-
spectfully decline to take part In these
proceedings"
Mr.. Wilson closed the letter by saving
he, as an attorney and officer of the
0Qurt in that respect, could be appoint
81 In his private capacity without en-
barrassment or interference with his
public duties. II
Attorney Jackson H. Ralston. leading
counsel with Judge Alton B. Parker
for the labor officials, then renewed his
motion to have the case certified to
some, some other sH1 Judge; declaring Justice
as indicated by a remark from the
bench last Monday
Justice Wright's Reply.
Refusing again to withdraw as pre-
Eiding Judge. Justice Wright said:
THE attacks made before a commit
tee Of Congress by parties defendant
permits no course but one. The respon-
dents themselves deprived the Justice I
with the duties of the court and carry !
them through to the end"
1t i:' believed that Justice Wright re- !
fcrre6 to tho recent appearance of ]
President Gompers before the Congress S
Eiunal third degree" committee, sug-
Hosting the impeachment of Justice
Wright
Gornpers today evinced great interest
In the second attempt TO cause with Z
drawal OF Justice Wright from the case,
taking notes rapidly of the proceed {
3nps.
GompeTs was seated at table with J
the prosecuting attorneys. instead OF
near his own counsel, Judge Parker an6 6
Attorney Ralston, Morrison occupied a
seat with spectators and other officials /
of organized labor. r
Attorney Ralston excepted to reading s
Of affdavits of the prosecuting attor. q
ney in connection with knowledge Of I
the defendants OF circulation of copies
OF the Federationist said to contain I
editorials written in defiance OF theI I
court order restraining a labor boycott !
Of the Bucks Stove and Range Com [
panv. Justice Wright reserved his de-
cision.
This afternoon arguments began uponI 6
the motion Of the Federation officials {
for a bill of particulars setting forth
IN detail the specific acts generally |
charged In the contempt arraignments. 6