Evening star., 1936-07-24
JUDGE MATT|NGLY
+. DEFENDS ACTION
Replies to Star Editorial on
Sentencing Distributors of
; Communist HandbiIIs.

Police Court Judge Robert e. Mat
hngly today denied motions for new
trials for q gir. and youth whom he
last week found guilty Of distribute
ing communist handbills in the
vicinity Of Grifiith Stadium on the
night of the Democratic nomination
rally, May 2s.
The defendants, Miss Margaret
Adams, 10, Of the 400 block of r
street, and John Thomas, 81, of the
HOO block Of I street. were sen.
fenced to pay $25 or serve 80 days.
In refusing to grant new trials Judge
Mattingly fixed bond Of 500 each
for the pair when their attorneys said
they would take the cases to the Court
Of Appeals.
Objects to Editorial.
In a written statement which he
read from the bench, Judge Mattingly
took exception to an editorial entitled
Judicial Duck Soup" which appeared
In The Star July 20.
Final Judgment having now been
pronounced in these cases." Judge
Mattingly said in his statement, the
court feels it to be incumbent upon
1t to consider something which has
intervened between the original find-
ing and this final Judgment, while
these cases were still pending. and
not finally determined.
"On July 20. 1885. The Evening Star
carried an editorial, entitled Judicial
Duck Soup, charging that this court
had rendered the Communist party Of
America a distinct service by taking
cognizance in its said original finding
Of the fact that the handbills dis
tributed in violation Of law were COM
munist handbills' and also by con-
demning, from the bench, Communists
and communism, the editorial assert
ing that what the Communist party
needs now more than anything else, Is
to be taken seriously The whole
purport of the editorial appears to be
to influence or coerce the court in
cases still pending and not finally de-
termined. the influence or coercion
being attempted through the medium
of holding the court up to public
tlolCulc dIlo III d HlOSt u14dT uldIlI1cI.
Cites Plight Abroad.
When this court took its oath Of
Office to support the Constitution of
the United States, it took it gladly
and seriously, and it is unwilling to
be swerved from its performance of
the obligations Of such oath by either
press propaganda or communistic
propaganda, urging that communism
(Which seeks the overthrow of this
Republic) should not be opposed or
denounced or even taken seriously by
members of the judiciary. All stu
dents of communism are well aware
that, instead Of communism wanting
to be taken seriously, as claimed by
The Stars editorial, the fact Is that
1t does not want to be taken seriously,
except by its dupes and paid agents,
until 1t is too late to check its in
roads, which are usually made through
boring from within methods. Had the
peoples Of Russia, Mexico, Spain and
France taken communism seriously in
time, they would not be in the sad
plight in which they are found today.
Every judge in our Republic is, of
course, under solemn obligation to
defend and support the Constitution
Of the United States against all ene-
mics, foreign and domestic. He is
also obligated to try cases according
to the American method, without
press or other outside influence, or in |
reference such as occurs too fire. |
quently In some foreign countries. |
Every American Judge Is also required |
to make the sentence in criminal cases
comport with the seriousness Of the
particular violation, and, consequently,
to consider and explain such serious
ness in announcing sentence. 1t
would be an obvious disregard OF such
duty, in both respects, were an Amer
lean judge to treat communistic hand
bills distributed in violation of law as
no more serious than other handbills
containing unobjectionable matter"
Judge Mattingly also condemned the
District branch of the American
League Against War and Fascism, the
Communist and Socialist parties for
sending kilograms criticizing his de-
cision and urging new trials.
Miss Adams and Thomas were repre-
sented by John Finnerty. attorney for
the American Civil Liberties Union,
who said his organization paid his
clients fine, and Samuel Levine of
the International Labor Defense.
Three Telegrams Read.
The three kilograms, which Judge
Mattingly said were addressed to him
at Police Court and were received this
morning, were read by him also. They
follow:
American League Against War
and Fascism vigorously protests your
illegal procedure in sentencing Thom-
as and Adams before completion of
testimony because Of your interpreta-
ton Of their political beliefs which
are Irrelevant to case. This Fascist
court procedure violates all constitu-
tional guarantees of civil rights and
falr trial. We demand new trial for
Thomas and Adams.
D. c. Branch, American League
Against War and Fascism"
Protest attack on freedom of :.
speech in Thomas-Adams case. De. =.
mand immediate release.
Communist party" !.
Socialist party Of the District of
Columbia protests against violation of
constitutional rights OF Adams and
Thomas in handbill case cause for
new trial. Your comments
from bench on origin of defendants
and political opinion of their counsel
are ludicrouS and unworthy Of your
,ffice
Socialist party"
Judge Mattingly said that two-thirds
II all crime in this country is com.
nitted by foreigners and their de.
cendents Yet many foreign-born
;itizers, he added, are more loyal than :
our own people," During pause In !
Judge Mattingly's reading of his state.
nent Attorney Finnerty interrupted
n mint rtif fbof fhn No,,, v,.,,~;rS ~.~4-.