The Washington times., 1914-05-08
SAYS CLIENT FEARED
. AN UNF AIR TRIAL
Attorney Easby-Smith Tells
Wright Investigating Conn.,
mittee of Suit.
CONTINUED from First Page }


nard in the December term. Macdonal,
appeared and asked Il postponemen
for a month or so. saying he had jus
weeks was finally allowed for the
rebuttal.
"On December II 1 received a lette
by messenger serving me with cop!
| OF amended bill.
Macdonald said he would not bs
ready to argue the case on the Goth
Judge Barnard insisted on the case
| going to trial the next day and the
| testimony of plaintiff and defendant
was read. Judge Barnard told Mr.
Macdonald to go ahead with the argu-
ment. | noticed that Louis Carmody
priyate secretary to Judge Wright
was in the court room. L think no
body else was present except attor-
neys or parties interested.
Sent For by Wright.
AS Macdonald began his argument
Carmody went up and spoke to him
and Macdonald said:
Judge Wright has sent for me; l
would like to be excused for a few
minutes"
Judge Barnard said he would ex-
cuse Macdonald If he was desired by
an associate justice. AS Macdonald
got to the door, and said:
1T is not about this case, your honor.
Mr. Macdonald came back in about
five minutes, and said he wanted ITO
move to dismiss Mrs. Rauscher's bill.
| objected to a dismissal without an
agreement as to the payment OF costs
by her. My client had been put to
large expense. Judge Barnard said he
was inclined to uphold my contention,
but that Mr.. Macdonald might present
argument during the recess. As 1
Iaf wifi "a
Mr.. Flehardy. We saw Mrs. Rauscncr
and Carmody standing at the entrance
to Judge Wright's chambers.
After recess it was agreed that the
bill might be dismissed. Mrs. Rauscher
to pay the taxable costs. The case was
later transferred to Virginia on a de-
sertion charge, and it was settled there,
a divorce being granted the parties, 1
believe.
Case on Wright's Calendar.
Meanwhile. the 'replevm case came
pearance in this case, after having
withdrawn in the divorce case. He
represented Mrs. Rauscher. The case
had fallen on Judge Wright's calendar
in the natural course. the cases be-
.. according to their odd or even
numbers.
My client said he was unwilling to
have the replevin case tried before
Judge Wright. and when l observed
the case would probably he on trial in
January 1913, I went to Judge Wright
and asked him to certify the case to
the chief justice. sitting in court No l.
Judge Wright asked why I wanted
the case transferred to Circuit Court
No. l, and l told him that the chief
justice had previously decided some of
s,,t- zf l..,U Hs
II would save time If Justice Clabaugh
heard II. Judge Wright said that was
not sufficient grounds for the certifica-
tion to another court.
Il then told Judge Wright that my
client said he could not get a fair trial
before him. The judge said that was
wrong and that my client had no
grounds for such a belief. He asked
the grounds.
II told him that my client knew and
that I knew that Mrs. Rauscher had
been frequently to his chambers. Judge
Wright asked II intended to intimate
any improperly of any kind. and l
told him I did not. I said. however.
that it was a matter of common knowl-
edge and report that Mrs. Rauscher
had been about his chambers a good
deal
Busie dHimself.
"I also told Judge Wright that we
Knew that his secretary. CarmOdy. vis-
tied Mrs. Rauscher frequently. and had
busted himself in both the cases be-
tween the Rauschers. and that my
client did not feel he could get fair
trial under the circumstances. This. to
my mind. was a sufficient reason for
asking a transfer. | also told Judge
Wright that my client knew of the con-
nection Frank Hall h?d had with the
case: he had busted himself in Mrs
RausCher's behalf. and through Hall
] said. Mrs. Rauscher had been sent to
Ambrose. and he was known to be a
friend of the judge.
Judge Wright asked me If would
make these statements in the presence
Of counsel. and when I said ! would
Attorneys Macdonald and Leonard J.
Mather. who has come into the case
were sent for. Ambrose has now with
drawn in both cases
"Messrs. Macdonald Mather and my
self met IN Judge Wright's chambers.
and ! started to repeat my statements