The herald-advance. (Milbank, S.D.) 1890-1922, 1911-03-24
C0wXTANCLESLAW
EFFORT TO "SWEAR A JUDGE OFF
BENCH" is HALTED
TEMPORARILY.
INVOLVE SEVERAL JUDGES
to Settle Dispute.-In Meantime,
Accused Boss" Is Forced
to Appear.


Cincinnati, Ohio. - DEVELOPMENTS
%emanating directly from the charge
OF perjury against George b.
Cox in the common pleas court here
happened thick and fast and in each
instance the attorneys for Cox came
out second best, at least temporarily.
From the time when Judge Charles
j.. Hunt, presiding judge of the COM
mon pleas court, refused to act on an
affidavit declaring Judge Frank Cor
man biased and ~prejudiced" until
Judge Peter Swing ended the even
full day by refusing to grant an
junction against Judge Germans tr
ing the case. there was not a SLOW
movement.
In handing down his decision Judge
Hunt declared that the statute provid-
ing for the filing of a prejudice Aft
davit to swear a Judge off the bench is
SO framed that it applies to other coun-
ties in Ohio, but not to Hamilton
county. Judge Hunt recommended,
however, that If there was any doubt
about the decision, mandamus pro-
ceedings against him to be decided by
the upper courts would soon settle
the matter.
Accordingly this mandamus proceed
ing was filed against Judge Hunt ii
Judge Swings court. Hardly had this
news trickled from the courthouse be
fore Judge German ordered George ]
Cox before him to plead on the indict
ment of perjury.
This action was taken at the in
stance of Prosecuting Attorney Hem
T. Hunt, who had received no notice
of the mandamus proceedings. The
sheriff's Office reported that Cox would
soon be in court.
Sends Another Officer.
The prosecutor after waiting a half
hour sent another officer after the in
dicted political leader. This man met
Sheriff Cooper. who told him Cox haG
been notified by telephone to appear,
and they turned back to the court
house.
Another delay followed and Judge
German, upon learning that the Off.
GERS had returned without Cox, in
strueted Sheriff Cooper to go after,the
defendant in person. Before the sher-
if could reach CoX's office, however,
the latter, with In attorney. had left
for the courthouse. There another
attorney was met and the two lawyers
appeared before Judge German, Cox
remaining in another room.
The jurist made no attempt to con-
ceal his Impotence at these tactics
and said: Il want Mr.. Cox in the
courtroom. He has no more privilege
here than any other man and must
appear in person just as other de-
PENDANTS do"
This declaration brought Cox into
the room. His attorney then obtaine
from the prosecutor al admission tina
the first indictment against Cox woul4
be dismissed and the case go to trial
on the second Indictment, the first re-
turn having been faulty.
Attempt Further Delay.
Thereupon Cox's attorneys attempt
ed to gain further delay by filing an
application for a temporary injunction
in the circuit court to restrain Judge
German from hearing any phase of
the case, pending a decision on the
mandamus suit by which they sought
to obtain a definite ruling as to who
Their German could be sworn OF the
bench for alleged bias and prejudice"
The injunction proceedings were
brought before Judge Swing. He was
first found at a club, but declined to
hear the matter there and accompa-
MED the attorneys back to the court
house. An hour of arguments failed
to convince him that there were
grounds for the injunction and he de-
MED the application.
He stated, however, that a motion
bearing directly upon the mandamus
suit against Judge Hunt or a manda-
tory action against Judge German
might be in order and he promised to
lea any such proceedings that the at
torneys might see fit to bring.
This was set for the exact hour set
by Judge German for hearing argu-
ments on the motion to quash the in
dictment against Cox and the outcome
of the threatened clash between the
courts is awaited with interest in legal
and political circles.