The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1920-04-14
AFFIDAVIT WHICH
ALLEGED BIAS
Text of Document Which Was Dis
missed by u. s. Judge Howe of
Vermont in Case in Syracuse.

Syracuse N. ", dispatch to tile
knlckerbocker Press of Albany gives the
text OF affidavits filed by certain mer-
camille firms asking that United States
Judge Harland b. Howe of Burlington
give way to some other Judge in the trial
OF the case against the firms, who are
charged with proiiteering, on the ground
that Judge Howe was biased and pre-
JUDGED against them. As has been stated.
Judge Howe overruled their motions and
is proceeding with the trials, having held
that none OF his remarks could be con
strued as evidence that he was unfair or
that he could not give the defendants a
fair and impartial trial. The affidavit Of
MIR. Leonard of the drygoods firm of Cot
trell & Leonard is typical OF all the aft.
davits. 1t said:
MIR. Leonard, being sworn, says upon
information and belief, that he verify
believes and states on the facts herein
after mentioned, that the Hon. Hasland
b. Howe, the presiding judge of this trial
term, and who is assigned to hold said
term of court, has a personal bias and
prejudice against said defendant, Cottrell
K Leonard, Inc, and in favor of the
United States the opposite party to the
suit.
Information and belief that the facts
and the reason for the belief that such
bias and prejudice exist are as follows:
That during the course Of the argu.
ment upon the demurrers above men
Toned, the said Hon. Harland b. Howe,
presiding judge, stated I'm substance in
connection with one of the charges:
That the defendants were arrogant in
! the position they took before him upon
the facts set forth in the indictments,
and that it was embarrassing to have to
hear a case Like this, and that he could
not see why it was necessary to have a
jury in case like this
THAT men who would charge the prices
alleged in the said indictments to have
been charged were worse than pirates.
! would cut a throat or seuttle n ship,
: and while one of the indictments
was being read and the price mentioned
therein about a coat, the said District
Judge Howe turned to United States At.
torney Lucey and said;
/ The chances are she is poor girl who
bought that coat -
HE then said Have you any infor.
nation OH that subject, Mr.. District At
torney IL. d.s.ritt attorney sl,t,
No. lie had no Pc: so''ol knowledge. He
| Judge Howe fulther said:
A. Il know shat Is the mattec with
L these defenllpta-thcF don't want to face
4 a jury. 1t seems hard to get the defend
4 ants into court. 1t looks as though WI
4 were teasing the defendants TO get then
B into court
H Il don't have to be 20 Iidulgent o
4 these defendants as We do OF some de
4 PENDANTS who are poor persons. II wouic
4 do some Of these defendants good tC
4 stay in court few days. And be tur
i Their said during the argument OF the de
1 muuers: ! think all Of these dete4danti
ought to be in JAIL
Il Upon information and belief, in adj
n ditiom thereto, said District Judge Har
h land r. Howe, on said argument, stated
n that it would he presumptuous on hi
h part to attempt to determine the con
u stitutional questions raised on the argu
n ment; that they could be raised on appeal
THAT the defendants had made grea
Il deal OF money, and that they could al
\ ford to take the case up on appeal Tha
/ during the course OF the argument OF sai'
/ demurrer one of counsel for the defend
II ants stated that II the contention OF IN
ri district attorney was upheld that it. woul'
Hmake felon of every merchant in tn
/ United States who had any volume 0
business, and to that the trial judge Il
II piled that it was so, and I think mos
Il OF them are guilty and ought 70 be col
II victed'"