Evening journal., 1912-01-06
ATTORNEY
COMES In FOR
REPRIMAND
John c. Fay Scored by Judge
Bradford for Conduct in
GLASGOW Case
CASE CLOSES WITH
PROTEST FReM LAWYER

AhA' ihAVuth iu' nidiAnf Ah hNN'hhR 'A
which appears elsewhere in this
newspaper. made statement in reply
to an affidavit which Glasgow dled
through his counsel. John c. Fay, Of
Washington. charging that Iudee
Bradford was biased against him and
desiring that he be removed from the
case The statement mado by the
court from the bench follows.
Judge BradfOrd's Words.
"On the morning of Thursday last
on arriving at my rooms in this
building after an absence OF several
days from the state, the clerk of this
court. Mr.. Mahaiiy. called my atten-
ton 10 a certain affidavit made 10y
the defendant and certified TO by his
counsel. Mr.. Fay. which had been de-
livered TO him, Mr.. Mahaiiy. TO be
filed ostensibly pursuant to Section
Fl Of the Act OF Congress Of March
3, 1911, entitled An Act 10 codiiy. re-
wise and amend the laws relating 10
the judiciary (36 Stat. Part 1. page
1OS7l Section 21 among other things
further, EVERY such affidavit shall
any action or proceeding. civil or
/ criminal. shall make and file an afli-
davit that the Judge before whom the
action or proceeding is TO be tried or
[ heard has a personal bias or prejudice
either against him or in favor of any
opposite party TO the suit the judge
shall proceed no further therein but
another judge shall be designated or
chosen as elsewhere prescribed in
the Act to hear such matter; and
further every such afiidacit shall
state the facts and the reasons for
the belief that such bias or prejudice
exists and shall be accompanied by
a certificate of counsel of record that
such affidavit and application are
made in good faith on being asked
by the clerk for instructions ln the
matter I directed that the affidavit
be not filed until the further order OF
the court.
But in the Judgment of the court
whatever may be the applicability OF
the section to other cases differently
circumstanced. it does not and was
not intended by Congress 20 apply to
this case at it's present stage, and
consequently there was no authority
or justification for the filing Of such
an affidavit as that in question.
But the dignity of the court and the
respect properly due TO it demand thai
more than a passing notice he tnkcf
. OF this incident This authorized at.
, fdavit sets forth that the judge OF this
. court has both. a personal bias and
{ a personal prejudice against the de-
) fendant. and also "a personal prolu
) dice and bias in favor of the United
States Attorney for the District o
Delaware. and proceeds to allege so
called facts and reasons Tor the as
! serted belief OF the defendant IN tn'
existence of such bias or prejudice.
shall moi compromise the proprieue'
of this occasion by referring in de
, tail to the contents Of the affidavit
II contains absolutely no allegation
, bearing on bias or prejudice that Is
not grossly misleading, wilfully dis
torted or absolutely false, and the
o senior counsel for the defendan
/, knows. as this court knows, and as
: the proceedings in the rtial OF th'
case will disclose, that every such al
> legation is grossly misleading, VII
fullv distorted or absolutely false. II
] the averment in that affidavit were
true I shoud be not only UNIT 10 81
: in this case but unworthy OF hlllni
; any judicial Office. And yet ne MAJ
seen fit formally to certify that h'
p knows the contents OF the andaNl
and that the application and affidavit
are made i'm good faith In the ludg
ment of this court. and l extremely
q regret to feel compelled to say it.
~ anv LAWYER who could be so obliVloui
n 10 the obligations of his official oati
n as TO append such a certificate t'
such false and UNANIMOUSLY uniai
afidayit knowing the contents dis
plays a degree of professional an'
moral urpitude which should leav
| lhim no place among honorable prac
i titioners at the bar of this or am
{ other judicial tribunal
a ~Nvhatever may be the code of pro
fessional ethics elsewhere we are 20 y
? congratulated that hitherto the lega
> profession In Delaware has Deen ire
from such communicating Influences .
practices And what accentuates IN
ingratitude and baseness OF such
assault upon the judicial reputation
one who, whatever his failings 9
shortcomings, has always tried 10 !
fair and impartial as between iitigan'
J ina the administration of justice, GRIN
nal and evil. is the fact that II SEE
tion q Of the act in question be al
r. plicable to this case. which the coul
f has determined it is not, the Judge hs
l. no protection whatever against falls
l. aud periured affidavit, and his reput'
d tion as fair and impartial dispense
j. Of Justice goes for nothing and IS al
d solutely at the mercy of any litigai
who either of his own motion or
r the instigation of unscrupulous coul
n sell charges bias or prejudice againl
o him. The mouth of the Judge Is sea
II ed he Is not permitted 10 deny or r
; fnte the allegations made against hi
Z whatever may be their falsity or wha
ever his reputation as a just and In
martial Judge, or howsoever gross IN
ldenravity of the affiant. An the abo'
, assumption. upon the filing OF such
= afidavit the Judge, without any ol
J. nortunity for a hearing on the questio
lt of his alleged bias or prejudice,
e summarily removed from the case o
d the ground of bias or prejudice, an
II his reputation, which is his propert
and most valued possession, blaste
o in the eyes of the community, wh'
n without understanding the peculia
10 character of the law under which th
Judge is removed but knowing that I
has been accused of bias or prejudic
naturally conclude that such a chars
4 has been satisfactorily establishs
10 against him when, in point Of fact, h
" mouth and the mouths Of witness'
n, on whom he might otherwise rely al
as ahsoiufelv sealed This court cann