New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-01-11
JUDGE HOUCH STRICKEN
AT HAWTHORNE TRIAL
Federal Jurist, III from Acute
Indigestion, Is Taken to
New York Hospital.
CONDITION NOT SERIOUS
Defence Looks for Mistrial-
U. s. Prosecutor Sees No
Reason Why the Case
Should Be Held Up.

Judge Charles NJ. Hough, of the United
States District Court, was stricken yes
terday with an attack Of acute indiges-
ton during the luncheon recess at the
trial of Albert Freeman. Julian Haw-
thorne. Josiah Quincy and DR.. William j..
Morton, over which he has presided for
seven weeks. Judge Hough became i'll
at 100 o'clock in the afternoon while ne
was in his chambers, and an ambulance
vas summoned from the Hudson Street
Hospital Meanwhile arrangements were
made for his reception In the New York
Hospital. in West 18th street, and toward
o'clock the Judge was taken to that in
stitution.
At first his condition was reported 70
be serious. but later reassurng news was
received from the hospital. In the even
ing DR.. William A. Downs. the house
physician, issued a bulletin saying that
Judge Hough was resting we'll and that
the physicians expected to discharge him
from the hospital in a few days.
The news OF Judge Hough's illness was
received with great concern in the Fed
eral Building, where since his appoint
ment to the bench in 1906 he has tried
many important cases.
Particular concern over the jurist's H.
ness was felt BY all directly interested IN
the trial OF the Hawthorne case. Some oil
the counsel for the defence seemed in
clined to believe that should Judge Hough
be Ill for any considerable time a ms.
trial would be declared and the whole
tedious work OF the prosecution, which
filled six weeks Of court sessions, would
be repeated.
Their theory was that the judge could
not be replaced by any other because OF
the complexity OF the case. The tes;i-
mony in the governments case alone con-
sisted OF more than 200 pages, and sew
eral hundred exhibits have been read TO
the jury by the prosecution, which had
called more than a hundred witnesses.
None OF the lawyers knew OF a precedent
that might have permitted conclusion
OF what action was feasible.
Henry A. Wise. United States Attorney.
expressed satisfaction at the report that
Judge Hough's condition was so mucn
better than expected at first lie said
that he knew OF no law that prevented
another judge from taking charge OF the
Hawthorne case where Judge Hough left
1t should he be disabled for long time
The government has put In much work
and has expended a great deal Of money,
and there appeared no real reason why
the trial should not be continued, Mr..
Wise said. In the case OF Cameron
Spear and the other wireless telephone
promoters. who were sentenced yester-
day. Robert Stephenson, Assistant United
States Attorney. was taken suddenly III,
and Mr.. Wise had 10 take the prosecu-
ton overnight. although the case had
been In progress for five weeks. The
prosecutor Is Just as much ar officer OF
the court as the judge. Mr.. Wise said
and II h. can be replaced so can the
judge. as both can familarizc themselves
with the evidence by reading the testi-
mony and the exhibits.
Mr.. Wise assigned the two assistants
in chargs Of the Hawthorne case. Gold
thwaite II. Dorr and c. A. Thompson,
10 look up the law and precedents on
the subject and 10 report on Monday,
until when the trial was adjourned.