The Washington times., 1915-05-20

withdraw from the case at this minute
and decline to argue the case. under the
statement of the court"
You may do whatever in your mind
seems to be your duty to your client,
said Justice Mccoy. "I say that the
court has sat here giving time, time
and time and for you to intimate that
the court has taken more time to utter
one or two sentences than you would
take when you were talking about that
very matter is a highly Improper re-
mark. Now. you may do as you please:
Your are retained by the PLAINTIFF
bank in this case You may argue 1t
or not argue IT.; only, do not repeat a
remark of that kind"
Air of Self-Sacrifice.
Former Senator Bailey deliberated
briefly and then said with a slight air
Of self-sacrifce:
II feel that I owe to my clients a
duty even higher than I owe myself.
and for that reason l shall argue this
case"
The incident was closed with the fol-
lowing statement by Justice Mccoy:
And feel that l owe a duty to your
clients which will lead me to cast from
my mind entirely what you have said
take 1t hastily. | do not know. But
your client will not suffer In my mind
N anything you have said"
I r. Bailey began a calm. then i'm
/ .ssioned argument of the law, and
famous case. The seats and aisles OF
the court room were jammed, with
many outside seeking admission to
the closing arguments.
Hints At Contempt.
httnrpa,, Cornsoi
called attention to the offending
newspaper story as soon as court
convened today. Justice Mccoy OK
pressed surprise that any newspaper
would print such a deliberate not TO
say malicious misstatement," and the
time might come when persons re-
sponsible for such articles verging
on contempt of court, might be called
to account.
The court added that 1t was at a
loss to understand how any one writ
ing an account of the trial. presum-
ing that he were an honest man, could
twist a question he had asked yester-
day into the false statement that he
had made a ruling on one of the vital
points in the case.
Assistant Attorney General Warren
then made a brief argument in sup
port Of the Governments contention
that the banking laws, and specifical-
ly the act of 1869. gives the Comp
troller Of the Currency authority not
only to fine national banks for fail
ure to make their regularly required
reports, but also special reports
deemed necessary by the Comptroller
Counsel In Tilt.
Counsel engaged In .proiongued till
over the reputed Lewis, johnson & Co
account with the Riggs National Bank
Former Senator Bailey filed an affidavit
signed by c. C. Glover, w. J. Flather
and H. H. Flatker. officers of the bank
dlsavowing such an account, and de.
claring that IL there were entries on the
books OF the stock brokerage conoerr
showing such an account these entries
We're false.
Samuel Untermyer, as emphatically
insisted that the Governments af.
f1davit. previously filed, showed tina,
Public Accountant Bennett had at.
tached a transcript OF the account or
the books of the brokerage concern
Mr.. Untermyer alleged that the stock
transactions between Lewis, John
son. & Co. and the bank had beer
settled day after day by the bank:
check and that the Lewis, johnson
Company records showed 1000 separ.
ate dealings. In this connection Mr.
Untermyer said:
There is before the court an af.
fdavit Of Mr.. Bennett in which h,
says that hereto attached are, specify
ing, among other things, this trans
cript showing 5000 transa ctions be