South Bend news-times. (South Bend, Ind.) 1913-1938, 1918-04-12

90 behalf Of the defendant. follow
ing he formal course OF the sta
tute alleging that the court was
''prejudiced and biased against tho
sfnant In said cause.
Who IS Landon T.. Reiuhalt2"
Judge Mott demanded upon the
ringing up OF the motion which IS
a supplementary proceeding 'I
don't know him and never heard OF
i'm. WIN should ] be prejudiced
against him."
Indiana Law something New.
When told by Atty. O'Neill that
the amdavff was that OF his client,
no wanted "A modification of an
,rder for support OF a child, which
had been made some time ago by
Eli r. Seebirt sitting as special
jadge. the learned iurist. seeming
untutored in the formalities of In
diana law. answered:
such afidavits look very much
TO me like perjury OF subordination
OF perjury Anyhow. Il is shyster
practice and ] am going to put a
stop 70 IL in this court. 1 shall take
the case under Amusement. and If
] can find any way 70 overrule the
motion / will" this. perhaps not
iu his exact words. but i'm substance
Busy Reforming Lawyers.
"Overrule the motion m YOU
wish to-" said O'NeiU 81 Will take
al exception and appeal the case"
Judge Mott was seemingly busy re-
forming lawyers all day Tuesday.
George Sands being another OF his
victims. incident 20 his having
drawn a motion up for hearing in
another divorce case. Dudley NJ
shively. chief Of counsel. was m
court but did not want 60 proceed.
without Sands being present, the
latter being out in the lobby dis
cussing another case with Judge
Farabaugh Shively asked Bailin
sam Thomas 20 call him in. and
when ne did not respond tmme-
diateIy. the court repeated the or
der.
Sands entered the court short
Is. whereupon Judge Mott chided
him. "''What do you mean. sir?
regard this as an act of discourtesy
10 the court"
What do YOU want OF me-"
asked Sands.
I've want to proceed with this
case" said the court.
Wei. Mr. Shively. chief OF
counsel with me. is here, isn't he2'
ct has been noticeable for some
time. since members of the bar
fave been lodging Judge Motifs
court with their litigation. that he
has been somewhat peeved by their
performances.
ss'No Alternative for Court
The affidavit filed by O'Neill in
Peinhalt vs. Relnhait Is a purely
formal affair. available 90 any liti-
giant who may at any time and for
cny reason. which need not be
given feel that "a judge is biased or
prejudiced in a particular case.
There is no alternative but for the
court to grant the motion, the al
legation that the judge is biased
and prejudiced" being formal, and
declared by the statute. sufficient in
law without reasons. The statute
was passed by the legislature I'm
1918.
The action Of the court was be
ing reviewed by lawyers last night
as. indeed marking new era i'm
local practice, which promises to
add considerable TO the gaiety Of
it,"
THAT said article is false and
grossly inaccurate i'm this that the
words i'm the headlines of said ar
ticIe. a. follows. to-wlJ 'Jugde Mott
takes rap at laWyers-Propo to
put stop Co venuing cases from his
q Ia
inaccurate. and particularly the
word in said headline proposes
20 put stop 90 venuing cases from
his court accortiug 90 iaw-are
false. and tend to prejudice the pub
Die mind AGAINST the said court. by
leading 10 90 believe that the Judge
OF the same proposed 20 put stop
TO matters and proceedings which
are done according to law. to-wit.
the veuuing of cases from the said
superior court. and that the said
false words in the article aforesaid
we're published. or caused To- he
published By the said John Henry
Zuver wilfully. knowingly and cor
ruptiy. and with the intent 20 so
prejudice the public mind against
IlIf fNtl tAr anu Ns'etAttt tA't'A N' 'tN
grade the court. destroy its power
and influence. undermine the con-
ddence OF the public in the said
court and thus bring 1t into con-
tempt
That said article. report and
comment isl further grossly inaccur-
ate IN this that the words con-
tanned i'm The said article. report and
commert as follows. to-wit-'No
alternative FOR court-The affidavit
filed hy O'Neiu in Reinhalt VS.. Rein
halt fmcaninE Rhinehalt rs.
Rhinehalt) Els purely formal az
falr available to any Htgant who
may at any time and for any reason.
which need nor hes given. feel that
Judge IS biased or prejudiced iu n
particular ease There is no aI-
formative hut for the court 60 cr3nr
the motion. the alleEation that The
Judge is biased or prejudicei" being
formal and declared by the statute
sufficient in law without reasons.
The statute was passed by the legis-
lature in 1s12t meant and mean.
aud ,rara rrrauFfF d. mann thai