The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1915-01-16
COLOMBO-DECAW
SQUABBLE TO BE
PROBED In COURT
Circuit Judges Will Sift Charges
Made by Attorney Against
Justice
LAWYER WINNER IN
FIRST ROUND OF BATTLE
Client Whose Arrest Judge Caus-
ed Is Ordered Freed BY
HOsmer

Circuit judges OF Wayne county will
consider, soon, whether "a hearing
shall be held TO investigate the
charges presented by Attorney Louis
Colombo, against Justice OF Peace
Fred T.. DeGaw, VINO, il is alleged in
an affidavit offered by Colombo, issued
a writ of body execution against
Charles S. Sansone, knowing that the
issuance of the writ was unconstitu-
tional. II was alleged that DeGaw
granted the petition for the writ TO
Attorney Vincent NJ. Brennan TO show
his gratitude for Brennan's political
support.
After final arguments on the writ
of habeas corpus, obtained when San
some was locked in the county jail be-
cause he did not pay a debt, Judge
Hosmer, Friday afternoon, discharged
Sansone from the custody of the sher-
in. Although he did not formally de-
clare that the statute under which
the writ was issued is unconstitution.
al, Judge Hosmer said that In his
opinion. the act deprived debtor of
his day in court and did not consti-
tute due process of law. as ii should
be administered in Michigan.
Attorney William Van Dyke, who
represented Judge DeGaw, demanded
that Colombo be publicly reptimand-
ed by Judge Hosmer or that the court
cite him for contempt OF court be-
I,.
cial officer. The hearing before the
circuit judges will probably determine
whether either of these steps should
be taken
This attacking of men on benches
has gone too far" shouted Van Dyke.
Our judges are clothed in ermine,
snd when mud is slung at them the
ermine is stained Further publicity,
and contempt proceedings in his own
court room would only serve to deepen
this stain, and | believe that your
honor should take this matter in hand.
You are judicial officer, presiding
over case In which another officers
honesty has been questioned"
Judge Hosmer declined to take CO.
lombo to task. He said the alleged
contempt had not occurred in his
court, and that the only part of the
affidavit with which he had to deal
was the petition for the writ OF
habeas corpus.
Well then" continued Van Dyke,
Il submit that the least Colombo can
do is apologize to Justice DeGaw The
Justice will be only too glad to ex.
tend his right hand. He will be the
first one to forget. his insult, II this
man Will make a retraction'
AT this moment, Colombo, who
previously had been comparatively
quiet, leaped to- his feet, stepped to
within few PAGES of the chair where
the Judge was sitting, and shouted:
Il refuse to retract | make this
statement at my peril. l have prac-
ticed in courts in Detroit for 10 years,
and have never had occasion TO say
anything about judge before. Nor
have | said anything TO offend the
court before whom we now appear.
But | made the statements about the
other court, after had been through
the case involved, from start to finish.
What does Mr. Van Dyke know about
the case? He wasn't in court at all.
The libel laws or other laws of the
stat care open to Judge DeGaw, and
stand ready TO defend myself against
any action he may bring under them "
Colombo's outburst, before Judge
Hosmer, insisted Van Dyke, made it
more clearly the duty OF the court to
punish him.
Eyes, | know" said Colombo. that's
all these people are after They want
to punish me-"
Judge Hosmer finally closed the
heated session by agreeing to accept
petition asking for hearing. Van
Dyke promised to present the petit
ton, and the circuit judges will con-
slider it, sitting en- banc
In discharging Sansone, Judge Hos
mer said he did not question the right
of Judge DeGaw TO issue the body
execution.
II probably would have done the
same thing he said
The law under which the writ was
issued, has been on the statute books
since 1865. Ii is an act to- punish
those who defraud liverymen AT.
torney Brennan represented Sam
Gazarotto, who sued Sansone for 1925
alleged TO be due for automobile hire
The act of 1855 states that a body ex.
ecution may issue il fraud is shown
in obtaining the cremt.
Judge Hosmer held that neither the
declaration filed by Brennan, the bill
OF particulars, or the files in the case
offered by Justice DeGaw. gave any
intimation to either Sansone or his
lawyer, that he was to be charged
with fraud. The only entry on JUS
tice DeGaw's file, explaining the issu
ance OF the body execution is; "Affi
davit presented for writ OF body ex
ecution; AFFIDAVIT being sufficient, writ
is granted"
| I'm my years OF private practice
and in my experience on the bench.
have never dealt with a matter quite
like this one" said Judge Hosmer
But IL does seem to me that the leg
islature Of this state has not the
power to vest in justice of peace the
right TO arrest a man for not paying
n debt, two months after judgment
has been issued against him"
Attorney Brennan says the decision
OF Judge Hosmer, freeing Sansone
will be appealed TO the snprem,
court.
/ Cuerd NJ Retain. former banker of Fla