The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1929-12-06
WRITES.
Of HIGH COURT I:
LEAK"
CONTINUED From Page y

He came here expressly to see ms
and to ascertain my views, as he
said, on the course the prosecution
should take.
He seemed not unappreciative
Of our newspaper work in this
case. We had demonstrated SONS
detective skill and had spent sew.
eral thousand Of Mr.. w. r.
Hearst's money.
1t was pretty plain, after .
while, however, that Mr.. Gordon
was not as anxious to undertake
the prosecution as is a hungry
duck to eat corn or a thorough
bred colt anxious to get from q
rope barrier.
He had nothing but words Of
contempt for men who would pry
into the affairs Of the most
sacred American political institu-
ton for stock market trading tips,
and the evidence in hand had
been regarded by a high official
of the Department Of Justice as
'"ironbound," but Mr. Gordon free.
ly confessed he did not enjoy the
business Of airing this case in
court.
1t seemed to him sacreligious
and a scandal that would tend to
break public confidence in the
United States Supreme Court. The
court itself was only the sorry
victim of stock gamblers and
plotters, but Mr.. Gordon argued
quite eloquently that no matter
how innocent the court might be
nevertheless there would be those
who would attach to the leak"
exposure significance Of dis
creditable nature.
The District Attorney did not
at any time suggest that he would
not prosecute the leak" case,
but did forcibly set forth his view
that a public trial would be q
diSagreeable duty.
I, of course, steadfastly urged
that the average newspaper reader
is capable of understanding the
English language and I could not
see how stigma could attach to
the high throne of the legal sys-
tenn because Of an act by men
outside of the court.
Any institution might be vic
tinlized by dishonest men. Any
good house might be burglarized.
The evidence against the indicted
defendants was clear and strong.
thought the District Attorney
should proceed without respect
to his fears. This was the Amer.
lean system Of justice doing it's
work.
Mr.. Gordon countered by say.
ing that the leak" had been
stopped. no more mischief could
be done, the court was grateful
to me for the work done and that
a public trial of the issue could
only add to the embarrassment
Of the court. The late chief
justice, Mr.. White, thought that
it might be well not to prosecute
the men. No decision was reached
between us. The matter was left
open. as they say in law offices.
That night Mr.. Gordon and I
attended a Shaw play at the
Garr1ck Theater and parted with
the understanding We should talk
again.
But we never did talk again.
He had made his polite bow out
of the picture. His visit, as I well
knew, had for its purpose dis
couraging me from further dis
cussion Of the "leak." Particu-
larly. he hoped that the publicity
Of the affair would end. I con-
firmed the fact that non-action
was the settled attitude Of the
government.
Weeks merged into months and
months into years and the cele-
brated leak" expose gathered
cobwebs in the pigeonholes of the
District Attorneys desk. The
affair ended right there.
I have always regretted it, but
I am a newspaper man, not an
officer of the court. My work
ended when the grand Jury in
d1cted the men on evidence sup
piled by the International News
| Service.
These facts are now reccunted
merely to provide a study of the
psychology Of the Judge who, &C.
cepting the letter Of the law. sent
three honest newspaper men to
Jail for as days for their act in
attempting to uphold the dignity
of their profession by refusing to
betray confidence and become
volunteer dry agents in Washing
ton.
Mixing met" and paraphras-
ing an old saw one might say:
It all depends upon whose pro-
fession is being gored In this best
Of possible nations.
The great legal profession may
hide a crime that has been COM
mitted against its supreme au.
thority, because the public might
lose confidence in that instltu-
| ton.
The great newspaper profession
must suffer the humiliation Of
having three of its votaries sent
to Jail like common criminals be-
cause of a literal Interpretation
Of a local law which conflicts
with journalistic ethics.
There can be extenuation on
sentimental grounds when the
Supreme Courts reputation Is at
stake.
| Tbora roy, 4 . M eIo stIcity ~