The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1916-04-07


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their counsel tor an earfS trial oil the
case, and | told you then, as the fact
~, I had no intention or desire TOT post
pone or delay the trial OF the case
IT Is also true that on your said VISIT
feeling upon the part OF the defendants
that the case should be assiri Ell to
some I Their Justice tina tts Justice then
presiding In Criminal Court No. 1. and
t SsS%se ths to f nj na spy e ss s ;
wnS preiudlced against them. and that
their &C a nseI were compelled 70 concur
In the defendants feeling upon tho
subject.
(. For Two Reasons.
IT "a true that at the conferences It
was stated to me that the request OF
the defendants and their counsel In this
connection war submitted to me llrect-
~. instead OF to the chief Justice nrss,
because OF their conception ctfwhnt was
due me In the matter, and. secopd. be-
election of assigning these cases for
trial IN either OF the. two criminal courts.
al this conference you also stated
third reason for submitting said re-
quest to me-, which IL not mentioned In
your letter, namely that you did not
desire to spread upon the record obJec-
tiona TO the justice then presiding IN
Criminal Court No.. I, because of what
you claimed TO be his prejudice. You,
therefore. asked me to convey to the
justice other than he try the case. and
your reasons for making said request.
/. Ready for appointment.
2 1T IL true at the time OF submitting
said request TO noe. You expressed your
readiness to meet the chief justice with
me by appointment II that should be
desired. told you at said Interview
that in other caseF in which. because OF
something that had occurred, IL had
merely been suggested that. the chief
Justice whs prejIdlced. he had voiun-
tarily sent said causes TO the other
criminal court for trial. 7 told you that
! would state your, request to the
In accordance with your wish. 4
PROMPTLY had an Interview, with the
CHIEF justice. and a few days after
The sixth of January. informed Won
through Mr.. Frank j Hogan. that I
had communicated with,the chief justice,
and that he had stated.that he was nat
urally unwilling &c preside at the trial
OF case where the parties e nterta ined q
real feeling that he was prejudiced,
e3necialiy when that view was COM
cGrrcd In to any extent by their coun-
sel told YOU that I would he defin-
tely advised about the chief Justices
ter. and that when go advised
wo,iIi infnrm vou tbsraof '. 'seu'
i'The inquiry Of M m. ,,n,,o 81,
January II, and that az Mr. MoSnr 81
January y. were each Of Them Of the
made at lunch room and the other st
public exercise place where Mr.
Hogan and occasionally see each
other. To each o. the INQUIRIES 7 sim
ply stated that had heard nothing
from the chief Justice.
No,k;, - A. ~.
Notn'hg As 10 Date.
Az the talk with Mr.. Hogan, I asked
him N he desired that. again speak to
the chief Justice. and he said he uouId
like me IN do az hut ah.or,,a,,. 49,,
NO. .aid o. av r1 n"lhIhs
sao 10 ine ny Mr' hogan or by me
70 MN ABOUT an endeavor to give re-
Ply tne iohowins tuesday, January %.
Since the return OF the chief Justice
a a n,s recent Lihess. ne has been en-
iaff h,s chnr,har se anu ne mas
journments of court. I Conferred with
him today about your request. He re-
itersted 10 me ms natural unwillingness
Sc,in, ~ ,hs daaonda,, 49,, ~, ae vas a
so,,nseI that he was nrejmd,cad a. Ss
,ca al and'toid me that Ne ha n 800 anS
TO request me 10 assign the case Tor
trial whenever II was assiened before
some other Justice sitting in n criminal
court. = - - .'''
"IJa desired n IN he made Main how
ever. that as n iuAtIce he could moi
recognize as n matte OF right existing
with any defendant tbo excIusIon ~ :
trial justice FOR bias. O"
"In fact he stated HE fIxad ho,Iof
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