Evening star., 1915-05-20
R|GGS.TR|AL JUDGE
REBUKES MR.. BAILEY
Bank Attorney WithdraWs
From Case, But Later
Reconsiders.
NEWSPAPER REPORTER
DENOUNCED BY COURT
Accused of Misstatement of Facts by
Justice Mccoy, Who Hints at
Contempt Proceedings.

| al OF the W1tndraWal ana Coutiiu
ance in the capacity of counsel.
and a scathing denunciation by
| the court of a statement which ap-
peared in a New York morning paper
| today and also in Washington morn
| ing paper, constituted sensational cpl
sodes in this mornings proceedings be-
fore Justice Mccoy of the District Su-
| preme Court during the hearing on the
motion to dismiss the temporary re-
straining order obtained by the Riggs
| National Bank against John Shelton
Williams, controller of the currency
William G. McAdoo, Secretary of the
Treasury, and John Burke, treasurer
of the United States.
Attorneys with years Of experience in
the courts of the District of Columbia
declared that never. SO far as their
knowledge of equity court proceedings IN
the District of Columbia extended. had
such dramatic situation developed as
when Justice Mccoy administered a re-
buke to former Senator Bailey. chief
counsel for the Riggs Bank. and the latter
instantly announced his withdrawal from
| the case.
The tenseness Of the situation was
| shown by the absolute silence with which
the audience that crowded every availa-
BILE inch Of space in the courtroom listened
l
| and former Senator Bailey.
Mr.. Bailey Rebuked.
| The incident; which was closed by
the announcement of Senator Bailey
| that he would reconsider his with
| drawal and argue the case for his
| client, arose almost before the at
mosphere had cleared after the courts
denunciation of the newspaper state
| ment referred to. and before Senator
| Bailey had fairly entered upon his
| speech. Mr.. Bailey had started to argue
| the admissibility Of the affidavit pre-
sented this morning in reply to one
! presented yesterday afternoon by
/ Charles Warren. assistant attorney
general. when Justice Mccoy inter
| rupted for moment to say that he
| further, as the affidavit had been ad-
| mitted.
Mr. Bailey in reply said that he had
| not intended to present a lengthy ar
afi1davit. concluding with the remark.
"the court has taken more time in cor
recting me than I should have taken
in argument"
| broke in:
"The reporter will read that last re-
mark. please"
when the remafk of Mr.. Bailey had
| been read, Justice Mccoy. with notice
| able warmth, declared that he con-
sidered the remark highly improper
| and that repetition of such remarks
| would cause him to request that the
| banks argument should be made by
| some other counsel.
| Senator Bailey's face alternately paled
| and flushed he extended his arms
! wide and exclaimed:
| Under that statement Of the court
shall withdraw from this case at this
moment"
JusticesafcCoy replied in effect that
that regard, but that be would not be
permitted to add to such remarks as
the one which had called forth the re-
buke from the court. Urging OF other
counsel and of directors Of the bank
| in a few minutes induced Mr.. Bailey to
state that his duty to his client in
duced him to continue his appearance,
] and that he would proceed to argue the
case.
Court Denounces Reporter.
The first sensational episode in to-
DAYS hearing on the temporary re-
straining order came few minutes
after court convened this morning.
/ Contrary to the expected program at
the convening Of court Assistant At
torney General Warren, who had not
intended to present any argument,
arose and asked the courts indulgence.
Immediately before adjournment
did not purpose to argue. But in view
of the questions which your honor put
to Mr.. Untermyer yesterday. and in
view Of an article which appeared this
morning in New York and also in
Washington newspaper. which your
honor may or may not have seem"
Justice Mccoy interrupted. saying:
II have seen one.
Mr.. Warren, that your honor made a
ruling upon a point which was then
under discussion, ] think that I per-
haps owe it to my clients to enlarge
do not understand that your honor did
make any ruling of any kind, and that
the newspaper articles were erro-
neous."
Justice McCoy's Remarks.
speaking with considerable heat, JUS
| tice Mccoy said:
"The article was called to my atten-
ton this morning. and you need not
| argue on account OF 1t. OF course, 1t
Ia a deliberate misstatement of what
took place in court yesterday, and ]
am astonished that any reporter who
claims to be an honest man and a gen
tleman could. In view OF my simply
| having asked question for the infor-
nation Of the court as to the views OF
| an attorney upon statute. have gone
ahead and sent to his paper any such
| deliberate, not to say malicious, mis-.
statement of what took place in a court
| room and II verges very closely on con
fempt of court. While l would be one
! ~ the last to restrain in any way any
nroner statement OF what takes place
n court, the time may come when
somebody will find himself in trouble
Tor making a statement of that kind
Mr.. Warren Argues.
| Mr. warren then continued his state.
ment. showing briefly that authority OF
+be controller Of the currency to call
for special reports on the condition OF
national banks had never been ques.
| toned in the forty-five years since the
statutes covering that point were en-
acted. He traced the national bank
ing laws from the original statutes
through the various revisions and re-
arrangements, showing that provisions
| of the laws and penalties for their yio-
| Iation or on-observance were plainly
Get forth in the original acts and the
| revisions.
(Continusd on Second PaSe.l