New-York tribune., 1911-03-21
NO PRIVILEGES FOR COX
Hailed Unceremoniously Into
Cincinnati Courtroom.
HIS ATTORNEYS WoRSTED
eoveral Sheriffs Sent After In
d;cted Boss Judge Resents
Tactics Of Delay.

l..,,,a,i March 90-Developmonts re-
- ,o the charge Of perjury against
DD',~ga 2. Cox in the Common Pleas court
,b,ck and fast to-day and in each in
80 ,be attorneys for COX came out sec
ord best o.,,
u,,t presiding Judge Of the Common
p,aas court, refused to act on an affidavit
s..,arins Judge Frank German "5iassed
I'D preiudiced' until J,-~c Peter swins
.,ds5 the eventful day ~ refusing 10
amt an injunction against Judge Cor
...,,s trying tho case there was not an
ids moment
nudge Hunt declared that the statute
,-ocidlns for the fling Of a prejudice af-
ssavit 10 swear a Judge OF the bench. was
ii framed that IL did not apply 70 Hamilton
-o.,rtv. lie recommended. however. that if
,,,.re we're any doubt about the decision
rsudamus proceedings against him. 10 be
decided by tho upper courts would soon
settle the question
Accordingly this mandarus proceeding
vss fled against Judge Hunt IN Judge
swings court. \ hearing as set for Sat
urday.
Hardly had this news trickled from the
courthouse before Judge Gorman ordered
George q Cox before him 10 plead on the
Indictment for perjury.
This action was taken at the instance Of
Prosecuting Attorney Henry r. Hunt. who
hsS received no notice Of the mandamus
proceeding The Sherifs Office reported
,sz- COX would soon bc in court.
The prosecutor. after waiting a half hour
.enr another officer after the indicted ro-
rHeaI leader This man met Sheriff Cooper
vho ssId COX had been told by telephone
70 appear and they turned back 70 the
courthouse.
Another delay followed and Judge Cor
ran instructed Sheriff Cooper TO 20 after
'he defendant. Before the Sheriff could
-each Covs once the latter. with an at
iorrsy. had left ~ for tne courthouse
-fs strorr.y appeared before Judge Cor
rsr. Cos remaining In another room.
TIE i4~i-t made no attempt 70 conceal his
i--paueuoe a. these tactics and said
'r want Mr. cox in the courtroom He
tss no more privileges here than any
other man and must appear I'm person. just
rs Other defendants do" This declaration
l-cug Cox into the room His attornev
trsr obtained from tho prosecutor an ad-
mission that fhe first Indictment against
Cox would h4 dismissed as faulty and the
case 20 20 trial ON the second Indictment
Co1s attorneys offered motion 70
quasi TIE second indictment and gave
notice of their intention 10 file plea in
statement Judge German set tho hear
ing cr the motion for tomorrow
Then tae Cox attorneys attempted 70
cn further delay by Ming before Judge
swing an application for temporary in
turction IN the Circuit Court 70 restrain
Judge German from hearing any phase Of
te -sso oendins a decision on the manda-
mus suIt.
An hour of arguments failed 70 con-
vince Judge Swing that there were
grounds for tie Injunction and he denied
'fs application. He took the position that
coy's interests would - protected b. the
manda mus proceedings filed before him
earlier m tie day.
He stated that motion bearing directly
- -1r uandamus suit against Judge Hunt
or a m1ndstory action against Judge Cor
nan might he In order. and he promised 70
rear arv such proceeding that the attor-
rsys u -rt soc ~ 70 bring AZ 9 o'clock to-
morrow
This i- the hour set hv Judge German
fo- hearing Arguments on the motion 70
e1ash tho indictment against Cox and
threatens clash between the courts