Evening star., 1925-02-05

fense, the witness told the commit
tee that he was convinced that Rosby
had been trapped by INSCRIPTIONS
prohibition agents and that inasmuch
as he had no previous police record
he was released.
The judge denied vigorously that
he was susceptible to outside infiu-
'ence. He testified that he would
never allow a person TO approach him
on a case before 1t was tried, but
that after conviction he would listen
to statements of the previous char
acter OF the defendant and would
weigh these statements in a fnal dis
posal OF the case
Reason for Protests.
Senator Means asked the witness IL
he could advance any reason for the
storm of protests from all parts of
the United States that had arisen re-
Earding his reappointment. The
judge replied that he could think OF
no reason.
do you think that there is CO.
operation between the court and the
prohibition Department." asked Sem
ator Means.
There is no friction that I know
Of" replied the witness.
Il see that your opponents have
compiled list showing the alleged
low average of fines that you have
levied in prohibition cases. What
have you to say about thatr' asked
Senator Means.
Claims General Average.
II think that cases where flnes were
not imposed must have been added
to the list and calculated in the gen.
eral average. 1 don't think that It
q fot fN kolr
cases that I handled, including those
which were dismissed and those in
which jail sentences were impo sed, to
arrive at an average OF fines Only
cases in which fines were imposed
should be computed when such an
average is struck" said the Judge.
From your testimony you do not
assume any responsibility in col
lateral cases. Who is responsible? %
queried Senator Means.
THE primary responsibility Is with
the arresting officer and he should
get in touch Immediately with the
assistant District attorney IL COL
lateral is forfeited when a case
McMahon."
Would Stand ON Facts.
Asked IL he were an advocate Of
prohibition, Judge Mcmahon said
that the prohibition act should be
rigidly enforced; that each case
should stand on its own facts and
that no precedent could be set in
dealing with this class OF law vio-
lators.
When asked whether he had ever
dismissed a case because the arrest
ing offcer was not present, the judge
said that he frequently had. Both
Senator Means and Senator Caraway
expressed surprise, at this admission.
Among the list OF witnesses for
Judge Mcmahon were the following:
David Hart, assistant United States
attorney in the prohibition division,
who said that as far as he knew
there was no friction between. his
department and the judge. and that,
in his opinion, Judge Mcmahon was
absolutely fair In all his dealings.
William 8. Atkins, deputy clerk in
the Supreme Court OF the District
said that the only trouble with the
Judge was that "he was too honest"
This observation drew vociferous ap-
plause from those attending the hear
ing.
Calls Judge Fair.
A. B. Scrivener, detective on the To-
cal police force, said that the, Judge
was fair and honest In all cases.
e. J. Kelly, also q detective, testified
that the Judge was very fair and not
open to outside influence.
Detective Kelly was asked why
Davis and McQuade, members OF the
vice squad, were opposed to the re-
appointment Of Judge Mcmahon.
IF Davis and McQuAde were around
this committee very much they would
find fault with you," answered Kelly.
Opinion Of Vice Squad.
A third detective, T. r. Sweeny,
said that the judge was fair, fearless,
efficient and gentlemanly. Senator
Means asked the witness point blank
il he thought much Of the vice squad.
'I do not" answered Detective
Sweeny.
Sergt. C. c.. Wise, Of1cer c. II.
TrammeI and n. H Springer, presi-
dent Of the City Club. testified that