The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1911-03-22
Dos" COX
FIGHTING To
N. DEFER -TR|AE
Blocked al Every Angle In A.
tempt to Remove Case 10
Another Court
fBv Associated Pressl


Cincinnati, O., Mar 2l.- Develop
ments emanating directly from the
charge Of perjury against George b.
Cox, the local political boss and mil-
lionaire, in the common pleas court,
here, came fast Monday and in each
instance the attorneys for Cox came
out second best, at least temporarily
From the time when Judge Hunt
presiding Judge Of the common pleas
court refused TO act on an affidavit
Il claring Judge Frank German bias
ed and preiudiced, until Judge
Swing ended by refusing to grant an
Injunction against Judge Gormon's try
Ing the case, there was not a quiet
moment.
In handing down his decisions Judge
Hunt said the statute providing for
the filing of prejudice affidavit to
swear a Judge off the bench IL so
framed that 1t applies to other coun-
ties in Ohio but not to Hamilton
county Judge Hunt recommended
that Ii there was any doubt about the
decision mandamus proceeding
against him, to be decided by the
upper courts, would settle the matter
Accordingly the mandamus proceed.
ing was filed in Judge Swings court
and hearing set for Saturday. Hard
" had this news triclled from the
court room when Judge German order.
ed Cox before him on the indictment
of perjury. This aclion was taken
at the instance of Prosecuting Attor
ney Hunt who had received no notice
Of the mandamus proceedings The
shariff's office reported that Cox
would soon be in court.
Another delay followed and Judge
Gorman upon learning that the ofti
GERS had returned without Cox, in
structed Sheriff Cooper to 60 after
the defendant In person. Before the
sheriff could reach Coxis affice the
latter, with an attorney, had departed
for the court house. There another
attorney was met and the two law
yers appeared before Judge GormaI
! Cox remaining in another room.
Judge Impatient at Tactics.
i The iurist made no attempt to con
eeal his impatience at ,hese tactic,
and Cox was then brought into tn,
room on his order. Cox's attorney oh
tanned from the prosecutor an admis
sion that the first Indictment agains
Cox would be dismissed and the cas-,
go to trial on the second Indictment
the first return having been faulty n
that the wrong court clerk was nam
ed as having administered the oatl
IN Enx hpfprn tha cr,,3 i,,r,. - tana
This was corrected in the second in
dictment, which also enlarged tn
charge of perjury Cox's attorney
also offered a motion to quasb thi
in,5ctment and gave notice OF thei
intention TO fight plea in abatemen
Judge German set the hearing o
the motion for today and told the al
torneys he would he ready to hea
other matters OF a similar nature a
, once Thereupon the Cox attorney
J attempted to gain further delay b
:. filng an application for a temporar
: injunction In the circuit court to rt
strain Judge German from hearing
/ any phase OF the case pending
/. hearing on the mandamus on whicl
. they sought to- secure a definite ru
, ing sto whether GOrman could b
sworn off the bencn for alleged bia
. and prejudice
. Application Denied.
The injunction proceedings wer
broguht before Judge Swing. An hou
! of arguments failed to convince hin
/ that there were grounds 'or the II
junction and he denied the applics
, ton,
Judge Swing took the position tina
I = without the injunction Cox's intei
ests would still be protected by IN
mandamus proceedings filed befor
/ earlier in the day, He said, howeve
that a motion bearing directly upo
{ the mandamus suit against .Indg
/ Hunt or a mandatory suit agains
, Judge Gorman might be in order, an
promised to hear amy such proceeding
that the attorneys might see fit I
bring today