Evening star., 1927-10-09
AUTO CASES CAUSE
JUSTICES DISPUTE
Virginia Court Officials Dis
b agree on Verdicts Against
D. c. Defendants.

fad 1nulcateO tney WOULD ulrect 10
morrow on District of Columbia
truck owners and others has resulted
in a series of premature explosions in
She camp Of the justices themselves
II developed last night.
AS a result OF the 'backfire" two
Of the justices. Fl. Carlin Cockrell OF
Kenmore. Va. and Clifton Laughlin
Of Mclean, have withdrawn as asso
tiates of Judge James Allen of Vienna
,dn the trial of several preliminary
cases and Judge Cockrell. sitting
alone, has retired two of the cases
and remitted fines imposed by the
Vienna magistrate.
-, At the same time Judge Cockrell.
iwho was referred to by Judge Allen
as having possibly learned his law
from the Hagerstown Almanack, last
might severely criticized Judge Aliens
activities.
. Cases Eeopened.
/! The cases in which Judge Cockrell,
without consulting Judge Allen, who
presided in the trials. granted a re-
topening and new trial were those of
Thomas T. Taylor of T. T. Taylor &
lCo., local contractors, and II. ID.
davidson, who We're fined SIS and
costs for operating automobiles in
Virginia with District of Columbia
tags. The fine in Taylor's case was
remitted to him last night at the
new trial in Judge Cockrelrs home
when the judge found him not guilty,
and that of Davidson was Withdrawn
the night before.
Judge Cockrell granted Taylor a
new trial in response to his plea that
the warrant issued against him was
sin error and should have been
Issued against the 7. T. Taylor Co,
Inc, of Washington, D. c., which
corporation is now and always has
been the owner and operator OF the
aforesaid car and truck"
J, The Judges decision, rendered in
his home near the Leesburg Pike,
states: Justice Cockrell gave full con-
sideration to the motion and the case
is now up in de novo. The court hav-
ing full knowledge Of the defendants
Intentions renders the following de.
cision: Thomas T. Taylor is not guilty
Jas charged, and the case is now dis
missed without cost of the present
action, although the law says the
Justice shall have the sum Of So.
"This action is based upon the fact
that he paid costs in his former trial,
In which justice miscarried."
I AS for the criticism that had been
aeveled at him, the justice last night
ISSUED a signed statement.
az believe it has been stated" he
said, that I received my legal train.
ing from the Hagerstown almanac.
i want to say that the action which
brought forth that criticism was based
ION the fact that would not permit
defendants in my court to be taxed
for continuances they never asked for;
nor would permit defendants charged
with exactly similar offenses to be as
tsessed different fines"
+ Judge Cockrell's statement recounted
khe events leading up to what has been
termed Fairfax County's tag war
against the District and indicated
fhat Judge Allen. sS-year.old patriarch
of the bench, had been allowed to pre-
Rs "a courtesy"
/ Text OF Statement.
I The statement follows:
'tOn or about September Is State
Officer Edward J. McDermott asked
tne for warrants against DR.. Edward
B. Jones and DR.. Louise Taylor Jones,
phis wife; H. c. Ayers, Thomas T.
Taylor, Milton Walters, G. G.. Grimes
Df the Fred Drew. Co, and H. D.
Davidson all residents Of Fairfax
County.
4 ''The warrants were sworn to be-
fore me. When the above defendants
answered the summons before my
icourt, not one OF them asked for any
Other justices to sit with me, but,
u. -
nical questions involved, stated to all
defendants that it was only fair to the
commonwealth and it's citizens to call
I'm two associates. I adjourned the
gases to the Office of Judge Clifton
AIaughlin, as an accommodation to the
0efendants, as 1t was more convenient
for them to go there. I then invited
Judge Laughlin and Judge Allen to
complete the court.
{ when court met, although I was
the principal justice in the cases, I
handed the warrants to Judge Allen,
due to the fact he was man SO years
or age, and thereby made him the
chief justice.
after all evidence was in, Judge
Laughlin suggested that hes preferred
mature thought before passing on the
cases, and at his suggestion the court
voted to continue the cases until Sep
tember 20, and directed me to give a
detailed report of each case to Motor
Vehicle Commissioner Hayes for a
ruling by Attorney General Saunders.
Death Causes Delay.
much delay was caused by the
death OF Assistant Attorney General
Nachen, and on the goth the cases
fo hn
to an even later date, awaiting the {,
cision Of the attorney general, thereby
necesrstating numerous continuances
not asked for by the defendants, but
for the benefit of the court and to aid
them to intelligently render their de.
cision.
During this interval Judge Laugh
lin had not been favorable to a con.
viction, but Immediately on receipt of
the attorney generals ruling, which /
re -eived by special messenger, Mr..
Laughlin, with his usual free and open
mind. was convinced and voted for
conviction.
''The case of DIR. Jones and his wife
was the first tried. In this case Judge
Allen pronounced guilt and assessed
a fine of SIS and costs, which were con.
Cured in by the associate justices in
view Of the attorney generals ruling.
AT this point Judge Allen called DR..
T.. B. Jones to the bar and pronounced
sentence. said: Judge Allen, hold up
a minute. DR.. E. B. Jones is not on
trial. The evidence has shown the two
machines in question are the property
of DR.. Louise Jones. Judge Allen then
reversed his decision and passed sen.
tence on the wife, without Joining the
husband in the sentence, whereas, ac.
cording to Virginia law, when the wife
Is fined and the fine goes to the COM
monwealth the husband must be Joined
In the sentence, because he will have
to pay the fine.
"In the case of H. c. Ayers, Judge
Allen, after hearing the evidence, the
charge and the defense being identical
20 <nf1 leo