Evening star., 1915-05-20
RIGGS TRIAL JUDGE
REBUKES Mr.. BAILEY
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ulUUNlUulIl. U1IllI
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have opened today's proceedings with the
final argument for the Riggs Bank Off
cials, began his statement with the
of the trouble-making affi-
davit. in which it was stated on oath
by three officials of the bank that the
Riggs National Bank had never been con-
nected as a bank with any Of the stock
transcript Of the books of the defunct
Lewis johnson corporation
Samuel Untermyer of counsel for the
Treasury officials objected to the filing Of
the affidavit, stating that counsel for the
bank had had opportunity for the last
eight days to see the transcript. 1t was
during spirited debate between counsel
and during the immediate continuance
of his remarks to the court that Senator
Bailey drew down upon his head the re-
buke from the bench.
Attempts to Curtail Statement.
The threat Of Senator Bailey to With
draw from the case came after Justice
Mccoy had attempted to curtail the
lawyers statements concerning the
purpose for fling an affidavit by di-
rectors of the bank denying that they
had ever authorized the stock transac-
tions shown on the books Of Lewis
Johnson & Co. as an account with the
Riggs National Bank. The court had
allowed the afildavit to be filed as a
denial over the objection of Attorney
untermeyer that notice Of the account
appearing in the banks name had been
In the hands of it's counsel for eight
days.
Mr.. Bailey went on to say: TT the
court please. I do not mean to prolong
this matter, but when Mr. UntePmyer
says we had this matter before US for
eight days he overlooks the fact that
no copy OF 1t was ever furnished to
us ;as was required by the agreement
with US. and as Is also required by
the rules. / want to say this in an
swer to the suggestion Of the court
Here Justice Mccoy. interrupting.
said: Senator. ] have ruled on the
It is necessary to proleng the discus
sien on that question. You have your
answer to whatever appears in the
transcript of Lewis johnson & Co.'s
ledger. ! have given you permission
M. Bailey responded:
The court has taken more time than
! would correcting me. I was not go
Ing 10 take UP any more time than l
had taken on It."
Remarks Called Improper.
Justice Mccoy directed the reporter
to read the last remark Of Mr.. Bailey,
and in q voice filled with emotion said
Senator. your remarks are highly i'm
proper. Please understand that very
distinctly. You were talking about
the failure to give you notice or serve
these affidavits on you that appear on
file in this court. Now. l do not care
for any more discussion on that sub
Ject. and say to you now that sim
liar remark to that will lead the court
to ask that some other counsel shall
argue this case"
With arms extended At his side and
with courtly bow toward the bench.
Senator Bailey retorted: III the court
feels that way l will withdraw from
to argue the case under that statement
from the court"
Justice Mccoy replied: you may dc
whatever seems in your mind to be
your duty to your client. I say to you
now that that remark was highly i'm.
proper. The court has sat here giving
time. time and time; and for you to in.
innate that tho court has taken more
time to utter one OF two sentences
than you would take when you wera
talking about that very matter is
tained by the piaintir bank In thil
case. You may argue 1t or not argue
i; only. do not repeat remark Of tha
Mr. Bailey then asserted: II feel that
I owe to my clients e. duty even high
er than I owe to myself. and for thai
reason ] shall argue this case"
Justice MCCOY answered: And fee
that I owe duty to your clients which
tiFely what you said, / take 1t, hastily
do not know. But your client will
not suffer In my mind from anything
you have said"
Prompted by Mr.. McKenney.
Frederick D. McKenney, . member o
the bar and director OF the bank
sprang to the side Of the former soma
tor. and. embracing him. whispered into
his ear. Quieted somewhat by the law
yers statements to him, Mr.. Bale!
turned again to the court and, remark
ing that he considered ''he owed {
higher duty to his client than to him
ssff,r proceeded with his argument.
The Newspaper account which cailet
forth tho condemnation Of the cour
and an intimation that the writer wal
close TO committing a contempt o
court also caused Assistant Attornel
General Warren to change his mint
about addressing an argument to thu
court. The reference In the published
account was to a supposed ruling tina
there was no authority OF law for i'm
posing penalties for failure to maxi
"speeisW reports requested by the con
treller.
M. warren said: The question which
was discussed yesterday was question
which ws had thought to be 80 set
t,sd. sbeut which there could I'D. be sa &C
a. d. nRtntad hrfAf
Here was . statute which had been
In sxistsaes tor feFty-avs years. .inee
the act o. lSss-in Its present shape
for forty years, sines the rsvision OF
ls1s-7iEA statute which had been acted
upon. suppose. BY every eontIoiles
to call Tor special reports and to i'm
pose Ans IN case Of failure te make
and transmit those reports within the
time; and never. am Informed. during
the forty-hve years, 20 far as the rec
ords OF the controller Of the currency
20, and SO far ~ the law books go. ID
cto kot thia atatnta ha