The Washington times., 1914-05-08


! about Judge Clabaugh's previous knowl
| edge of the case and the view of m,
client. Judge Wright said he had de
Cided to certify the case. though tn,
! suspicious of my client were not justi
fled. He told us to come into court anC
take the order of transfer.
Aske dFlehardy to Go.
Il was busy and asked Mr.. Flehard,
Ia go into court and get the order 9
day or so later. Attorney Mathel
walked up to the bench and talked &c
Judge Wright. according to Mr.. Fle'
hard|'s statement, and Mather came
out % and told Flehardy thai Judge
another court. He told Flehardy he
would have to see me about It.
Next day formally moved to certify
the cast to coCt No. l, and Judge
Wright said:
'''I am not going to certify the case
because 1t has been communicated to me
that Mrs. Rauscher objects to hearing
the case before the chief Justice
said l would move in open cour,
for the transfer, but | did not want 70
say the things l had said to the judge
in chambers. Judge Wright told me to
go ahead and say them, and after
ment:
II am willing to certify this case to
any judge except the chief Justice
AN agreement was then reached, at
the suggestion of Attorny Matter, that
the case 20 to Justice Gould. 1t Is still
on the calendar
Congressman Beall asked If there was
anything In the common report about
Judge Wright and Mrs. Rauscher which
led Mr.. EasbySmith to believe he was
partial to her.
Not Justified.
II know Of nothing that would justify
me in believing there were improper re-
lations between the judge and Mrs.
Rauscher,' said Mr.. Easby-Smith. Il
thought that the fact tht she was seen
at his chambers and his secretary was
so busy in the case was sufficient to
ask for a change of courts. Her hus-
band never made the slightest charge
against her and I know nothing justi-
anything improper about Mrs. Rau-
scher. There was talk about her run
ming Judge Wrights chambers and 1
saw her there myself"
Was Judge Wright legally advis-
ing her. you Think
have no doubt some of Mr.. Macdon-
aids action in the case were advised
by Judge Wright" Mr. Easby-Smith
referred to the incident where Mr..
Macdonald had been called from the
court room into Judge Wrights
chambers.
What were the rumors about Mrs.
Rauscher going to the chambers Of
Judge Wright"
It will lanswer IL / have to. but I do
not think rumors constitute evidence.
I do not mean to intimate or. charge
there was anything improper, but the
fact that she was seen there often, and
Carmody busted himself in the case,
justified me in asking for transfer
Of the case"
Beginning cross-examination, Attorney
said that Carmody had been
a school friend of Mrs. Rauscher.
That Frank Hall maintains saloon
and beer garden that is entirely respec-
table" was admitted by Mr.. Easily
Smith on cross-eXamination.
Were Schoolmates.
Did you know that Carmody was
an old friend and schoolmate of Mrs.
asked Mr.. Darlington. up
on REORGANIZATION OF Mr.. Easily
Smith.
NO sir. I did not" replied Mr..
Easily Smith.
"At what season of the year did you
see Mrs. RduSCHeT dt 'NHS
"My recollection is that saw her
there during the spring of 1912, and
Turing the two or three months pre-
,eding the taking of the testimony.
saw her around there more than once
n the summer time. l don't recall
now whether ii was when Judge
Wright WAS holding his vacation term
,r not. / also saw her around there
n the autumn and winter OF that
iear . -.
is it not a fact that the hearing OF
he testimony in the judge chamoerS
Sas upon request of COUNSEL?
1T was not upon request or elther
,ounsel. ] wanted the case In open
.ourt, because l knew the character OF
he testimony that was going TO ne
prought out. l believe MI carney
estified that the case was heard IN the
.hambers because OF the character OF
he testimony. l don't see how the
curt could know what tho character
i the testimony was going TO De.
rs II not a fact that the name ai d
adv who stands very high in WASH
nrton society was brought out IN tne
estimony taken in the chambers!
sked MIR. Darlington.
III was, but | had not the sllshtest
animation of II, and l don't see now |
h.. court could have known 1t.