The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-21

Mr.. Bailey remained on his feet silent
for the moment and then Frank j.
Hogan. his associate. whispered In MS
ear and his clients gathered around him.
and after n whispered conference Mr..
Bailey said. addressing the court;
81 feel that I owe To my clients q
duty even higher than ! owe to myself
and for that reason ! shall argue TINS
case"
"And feel quickly responded JUS
tice Mccoy. that ] owe n duty to YOUR
clients which will lead me to cast from
my mind entirely what your said. Your
client will not suffer in my mind from
anything you have said
The incident created a commotion
among the lawyers. Once or twice later
In his Mr.. Bailey said things
that seemed to be resented by the Judge.
but he made no further efort 10 repri-
mand the ex-senator.
lust before the noon recess there was
another crisp c~olloquy between Justice
Mccoy and Mr.. Bailey. Apparently ttr-
ing Of the discussion. the Justice glanced
AZ the clock and began gathering up
certain papers on his desk, whereupon
Mr.. Bailey suspended and remarked:
"I see your honor taking your papers
40 II you wanted to adjourn for lunch"
mo: ! simply And II physically dini-
cuit to sit here without doing something
or other replied Justice Mccoy. Just
A minute. senator" he added hastily. as
2 he scented fresh trouble. 81 did not
mean thai TO be taken loosely. II Is
physically hard to sit here and listen
TO the ablest argument-and you are
making an able one-without once in .
while moving YOUR hands"
Near Another Break.
~ am not trying 10 entertain Your
hands, replied Mr.. Bailey with a grim
smile. ~ am trying to address myself
20 your honor's intellect ard ! do not
mind how you move your hands"
Justice Mccoy leaned forward and
glared at the attorney. Then he elaxe
and the argument went on.
Just after court opened there was an
other stirring Incident. Assistant At
torney-General Warren called the atten-
ton Of Justice Mccoy TO a Washington
despatch printed In a New York news
paper which stated that the court had
ruled yesterday that Comptroller WILL
Jams was without authority to impose
penalties which he had inflicted on the
hank.
This brought from the Justice a sharp
warning 10 the newspapermen. He char
acteriEed the story AZ a deliberate mis-
statement OF what took place in court
yefteTuay'
As Senator Bailey proceeded with his
argument he seemed TO recover from
tho feeling aroused by the disa gree
ment with the court and bore himself
with remarkable self-restraint, many
spectators thought. in view OF the run
ming fire Of Interruptions by Counsel
Cntermyer for the Treasury officers.
Mr.. Bailey dealt gently with Mr., TN
termyer, but occasionally joked him. At
one time he referred TO that lawyer as
AN uplifter."
Mr.. Bailey declared tina Mr.. Inter
myers speech OF yesterday did not
fairly state the facts with reference to
single transaction which no discussed"
He attributed the alleged misstatements
TO ''m.slnformation." Referring to the
mi heaped upon Secretary McAdoo
by MI. Tntermyrr. in which he declared
that the Secretary had severed "the
pipe line between the National City
Bank and the Treasury. Mr.. Bailey said
Those AVE been common political
accusations which | rejoice to say |
never thought it proper TO repeat even
when I was in politics. ] do not think
that that is any more Just or fair than
II would be for me TO say that while
they had disconnected the pipe line be-
tBeen the Treasury and the National
city Bank OF New York they had cs-
tablishcd II new pipe line between the
Treasury and the banking firm e Kuhn,
Loeb a. Co. ] hear that said. but | do
Dot believe II"