Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-07-24

that the benefit Of this statute barred the
consideration Of any contempts alleged to
have been. committed prior to July IL.
1908
He claimed this contemplated action
by his clients made 1t necessary that
ed the labor men. The charges were
too broad. counsel said, and should be
made definite.
Court Denies Motions.
A protracted argument on the ques-
ton of the bill of particulars ensued
and occupied the courts attention for
an extended period.
Taking up seriatim the motions for
greater particularly made by the labor
leaders, Justice Wright denied them one
by one. In the matter Of two requests
that specific dates on which the alleged
ohenses occurred be furnished. the court
stated that he refused them as the record
now stood. On an amended affidavit, he
suggested, he would further consider the
matter.
dents, then requested permission for his
clients to enter a verbal plea of mot
guilty. to the charges and thereby save
the necessity of filing answer at this
time
The court remarked that he had been
accustomed to accept such pleas orally
from persons charged with contempt At
torney Darlington, for the committee,
asked for notice Of the motion, saying
they might desire to oppose it.
the arguments on the amended applica-
| ton for q bill OF particulars could be
heard This argument was In progress at
a late hour this afternoon.
Serves as Bar Member.
United States Attorney Wilson declined
to serve In his official capacity as al
added member of the committee Of prose
cutors Of the labor leaders He was de-
tanned out of the city and had Assistant
United States Attorney Turner present to
Justice Wright his letter of declination.
in which, however. he expressed his read1-
ness to serve on the committee In his In
dividual capacity as member OF the bar.
If requested to do so by the court. He
was added by the court to the committee
as suggested.
Mr.. Wilson said nothing in his letter
about consulting Attorney General Wick
might want to do. AS far as the letter
shows the administration took no part In
the decision of the United States attorney
not to enter the proceedings in his Of
fetal capacity.
Justice Wright fnferentially scored Mr..
Gompers for the statements Of the labor
leader before the third degree" commit
tee of Congress.
The court said that these statements
had left him no alternative but to con-
tinue to preside over the proceedings.
Had these statements not been made and
a motion to certify the case to another
justice been presented In an orderly
manner the justice indicated he might
have entertained the suggestion to i'm
pose the burden of the hearing on some
other justice.
Deny Prejudice Charges.
Two members Of the committee Of
investigators filed aff1davits denying
charges of bias and prejudice" They
referred to their suggestion for an apology
as proof they were not against the labor
leaders. Both counsel offered to retire
in favor OF other lawyers If agreeable
to the court.
At the opening Of the hearing this
morning Justice Wright took occasion te
explain his refusal last Monday of the
the matter to another member OF the
court.
The justice referred to the recent state
| ments by Gompers before the third de-
gree" committee Of Congress. and de-
clared the respondents had taken away
| from him all option in the matter and
rendered clear. that his only duty lies
in the way Of proceeding with the hearing
to it's conclusion.
| Justice Wright said: Whatever Nigh,
have been the disposition of the presiding
Justice had there been preferred in Or
! derly manner before the court Sugges-
ton that another member OF the court
take up the burden of this proceeding
now there is no alternative.
The attack made before committee
of Congress by parties defendant permits
no course but one. The respondents
| themselves deprived the justice of al
alternative save to go forward with the
duties Of the court and carry them
through to the end"
Attorney Wilson's Letter.
In declining to serve in his official ca
pacity as a member Of the courts com.
mittee. United States Attorney Wilson. in
his letter said:
IT consider that, as district attorney,
there is no duty incumbent upon me to
take part in the present proceedings
legged contempt Nor do think. with en-
tire respect to your honor. there is in the
court any authority to designate or ap-
point me, as district attorney, member
of the committee to act in this matter.
II must therefore. as united states at
torney for the District of Columbia, re-
spectfully decline to take part in these
proceedings at this time.
LAS an attorney and officer of this
court. however. i am in duty bound to
observe the wishes of the court, should
your honor desire my personal assistance
in the punishment of those said to be
guilty Of contempt of it's dignity and
authority.
"Such service would not embarrass me,
nor interfere with the performance of my
public duties"
Messrs. Gompers and Morrison were in
Continued on Fourth Pase-