The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-06-23
JUDGE SPEER
i. FOUND GUILTY

Tudpe sheer deffed the mandates of
the supreme court OF the OnHed
States and the circuit court OF appears.
The subcommittee conclusion Ioi-
lows:
THE conclusion Of the subcommittee
deduced from the evidence taken ana
from the construction Of the precedents
of impeachment trials. is that at the
present time satisfactory evidence SUI
ffcient to support conviction upon q
trial by the senate is not Obtainable.
"In the conduct of the hearings the
COMMITTEES was extremely liberal and
did not confine the witnesses to the
giving Of technically legal evidence.
Much evidence of a hearsay nature was
received. The committee felt 1ustif1eo
in such a course in the light OF the
fact that 1t came to the attention OF
the committee that many witnesses
were apprehensive of the consequences
Of giving evidence against Judge Speer
IN the event Of his acquittai. This feel
ing and the general disposition on the
part of individuals to protect them
selves against what was termed the
wrath Of Judge Speer kept from the
committee the names Of the witnesses
and a knowledge of the facts in their
possession.
Many Witnesses Dead.
"Many Of the witnesses whose testi-
mony would be absolutely necessary to
sustain some Of the charges made are
dead Others have removed from the
southern district Of Georgia and their
whereabouts are unknown.
Another phase of the record Is that
It details a large number Of official acts
on the part Of Judge Speer which are In
themselves legal. yet. when taken to-
gcther, develop into a system tending to
approach a condition OF tyranny and
oppression. There has been an iEeQutt-
able exercise Of judicial discretion,
many instances of which have been
frequently criticised where the cases In
which they were committed have been
reviewed By the courts CT appeal. while
in others litigants were unable finan-
cially, to prosecute appeals. That the
power of the court has been exercised
in q despotic and autocratic manner by
the Judge can not be questioned.
THE Jamison case is one OF many
instances shown by the record where
the Judge, without faint of individual
corruption and with the apparently
laudable purpose of purifying the COM
munity and inaugurating q civic re-
form, disregarded the law and appar-
emily considered that the end justified
the means.
the judge sitting in the trial Of GRIM
inal cases, apparently forced pleas of
guilty from defendants or convictions.
and there Is strong evidence tending
to show that in one case, at least, he
forced innocent parties to enter such
pleas through a fear Of the cOnse-
quences in the event Of an unfavorable
verdict OF the hands Of a jury presid-
ed over by the judge in the manner
peculiar to himself.
Committee Is Sorry.
The subcommittee regrets its in
ability to either recommend a COM
plete acquittal of Judge Speer of all
-. culpabiiity SO far as these charges are
concerned. on the one hand. or an inn
parchment on the other. And yet 1t
is persuaded that the competent legal
evidence at hand Is not sufficient to
procure a convition at the hands of
the senate. But 1t does feel that the
record presents a series of legal OPP
pressions and shows an abuse of Judi
cial discretion which, though falling
short Of Improbable offenses, demand
condemnation and criticism.
IF Judge Speer's judicial acts in
the future ere marked by the rigorous
and inflexible harshness shown by this
record, these charges hang as a por-
tentous cloud over his court, impair
ing his usefulness, impeding the ad-
ministration of Justice, and endanger-
ing the integrity Of American institu-
tons" -
Minority Report.
Washington, June 23.-Complete
exoneration "f Federal Judge Emory
CpccT OF the southern OlStflCt OF
Georgia, from charges that led to con-
gressional investigation of his con-
duct was recommended today in a
minority report by Representative
Volstead, Republican, of Minnesota, u
member Of tie investigating subconi-
mittee of the house judiciary commit.
tee. Representative Volstead also at
tackled the me IDS and findings Of
the majority o. the subcommittee,
who held that the evidence did not
warrant impeachment but criticised
certain acts e the accused jurist.
while I concur in the recommen-
dation made in the majority report
that no further proceedings be had
upon changes against Judge Speer,
desire to express N as emphatic Ian
guage as possible my protest against
the methods that have been pursued -
said Representative Volstead in his
report.
II desire to have it distinctly I'M
derstood that 1 do not criticise the
motives of my associates. but the pro-
ceedings in this investigation have
been marked H. acts cruelty unjust
and unfair.
NO effort was made to protect the
judge against mere Islander and abuse
that could serve no other purpose
than to disgrace and humiliate him.
would tolerate any such proceedings"
Evidence Largely Hcarsay.
The Volstead report declares the
evidence introduced was nearly all
either hearsay or secondary evidence
and that this short cut method of
arriving at the guilt or innocence of
the judge created confusion as to ac-
tual facts" Much attention was paid
to the charge that Judge Speer al
lowed bankruptcy estates to be dissi-
pated through allowance OF excessive
attorneys fees. To refute this charge
Representative Volstead presented
statistics of the cost of administra-
ton of bankruptcy assets in thu
Southern district of Georgia. from
1899 to 1912. in comparison with the