Evening star., 1938-01-06
TRIAL COURT AWED
/. BY VAN DEVANTER
Justice Introduces Severe
Decorum-Even Audience
Is flushed and Still.

NEW YORK, Jan. (N.A.N.A) -
Justice Willis Van Devanter, who re-
tired from the United States Supreme
Court in the final phases Of the Presi-
dents court battle last year, came into
Federal Court here yesterday, firm,
solidly built man Of 70. and by sorne
magic Of his person and title managed
to introduce the austere decorum
which has been peculiar to the Nations
highest court into the hurly-burly of
the criminal trial over which he Is
presiding.
Justice Van Devanter volunteered to
help out with the calendar in Federal
district court during the month Of
January and was assigned by Chief
Justice Hughes to the Southern Dis
trict. He put in a protracted session
yesterday, declaring only two recesses-
one for lunch and five-minute recess
in order to comment for the press on
the announcement of the retirement
January 18 of Justice George Suther-
land.
After hailing Justice Sutherland as
"a very able, superior Judge" and "a
very companionable man whose re-
tirement will be great loss to the
court and I am sure will be a great
personal loss to the other members Of
the court" he said: 1T does not sur
prise me much that he should retire,
although had no advance knowledge
that he would retire at this time. His
age and long service make him quite
eligible to retire"
Frayed Case.
This is q slightly frayed little case
that the former Supreme Court Justice
has elected to try his trial talents on
talents which, he suggested, might be
a little rusty, since the last time he
sat as a trial judge was some time
before 1910.
In December, 1885, and January,
1896, band of as yet unknown sneak
thieves reaped harvest of more than
| 100000 from the United States
Trust Co. and the Bank of Manhattan
Co. G-men spread their net and,
when they pulled it in, up came q
large, portly. red-faced cafeteria man
ager named Earl Frederick Palmer
and Gabriel Morosi, little cafeteria
| counterman. The Government is
charging them with conspiring to pass
and passing $4,000 of the loot Of
this robbery as represented by a
United States Treasury note for that
amount on which the serial number
had been changed very skillfully."
However, the presence in the court
room of Supreme Court justice. even
If only retired one, was sufficient
to attract unusual interest and this
has become the first Federal trial in
many years to draw full house. The
United States marshal who was pressed
into service to keep at bay the crowd
waiting in the hall for seats in the
packed courtroom said that "ordi-
narily' two-bit trial like this would
be lucky to have two or three spec
tators."
Crowd Is Awed.
Justice Van Devanter is not a par
ticularly imposing looking man. But
sight Of him paralyzed the crowd
into awed silence. 1t was q vivid
demonstration of the attitude Of q
cross-section of the people Of 4
strongly pro- Roosevelt city who seem
to persist in regarding a Supreme
Court justice as an Olympian being.
It was not only the crowd that
presented q problem for Justice Van
Devanter. Morosi's attorney is the
redoubtable Samuel S. Leibowitz, one
of the most famous criminal lawyers
in the country and a man who has .
reputation for giving a show at every
appearance. The justice, however,
set the tone of the proceedings early
in the day when the Federal attorney,
John J. Dowling, in his opening ad-
| dress referred to transaction as not
looking Kosher" and characterized
the phrase as IAN old Irish express
sion" The crowd, the jury. the court
attendants, the lawyers and even the
defendants burst into laughter at
that, but Mr.. Justice Van Devanter