Evening star., 1945-06-13
Margo|d Is Accused
I0f Augmenting Salary
with Marriage Fees

Hearings into the fitness of Mu-
nicipal Court Judge Nathan D. Mar
gold for promotion to the District
Court bench were in recess again
today after the Senate Judiciary
subcommittee heard charges yester-
day afternoon that the jurist had
been conducting "a business of
performing marriages for remu-
neration In addition to his salary as
a Judge"
Jean Boardman. an attorney here
and leader of group of lawyers
who have vigorously opposed Judge
Margold's confirmation, said 1t was
"a matter of common knowledge
around the courthouse" that the
Judge accepts gratuities for per-
forming these marriages, notwith-
standing his $1,000 annual salary
and Notwithstanding that he per-
forms them in his official quarters
during his official hours"
Mr.. Boardman testified official
records showed that Judge Mar
gold performed 265 marriages last
year and that all but three of these
ceremonies were performed In the
Municipal Court Building.
Income Unknown.
How much Judge Margold has
been making on the side, ! don't
know" Mr.. Boardman said. HE
knows, or should know, because he
should keep the records for income
tax purposes"
Chairman McCarran of the Judi
ciary Committee, who also heads the
subcommittee, inquired whether the
judges marriage fees might be in
cluded under earned income" r.
Edward O'Connell, another lawyer,
here interrupted to say he did not
believe gratuities needed to be re-
ported at all.
Mr.. Boardman recounted a recent
conversation he had with former
Judge Hobart Newman, who pre-
sided over the old Police Court be-
fore its functions were absorbed by
the comparatively recent Municipal
Court.
Competition Was Intense.
He knew about it (the habit OF
performing marriage ceremoniesJ
because he did it himself" Mr..
Boardman said. But the compete
tion got so intense 1t reached the
point that Judges had to make a
cutback to the clerk who sent couples
to them that he Judge Newman)
went to Chief Judge George p.
Barse, of the Municipal Court and
made a complaint. He said that If
Judge Barse wanted to escape a
scandal over the marriages, he ought
to put stop to it,
The witness said Judge Newman
told him Judge Barse agreed and
called a meeting of the Municipal
Court judges to tell them 1t was
improper TO accept gratuities. All
the judges agreed. Mr.. Boardman
said he was told, except Judge Mar
gold who said it was nobody's busi-
ness what he did"
Mr.. Boardman also related that
John B. Cassell. 1882 Twenty
seventh street. uniformed attend
ant in the Municipal Court Build
ing. has told him he sent couples
inquiring about getting married to
Judge Margold. According to the
witness, Mr.. Cassell said he had
been instructed by the judge to send
such persons to his chambers with
out consulting him and that he
would leave the bench at any time
to perform a marriage ceremony.
Broadcast is Recalled.
Mr.. Boardman also told of hear
ing broadcast from traffic court
in l943, during which Judge Margold
found the defendant guilty on the
ground that if he acquitted him, it
would be tantamount to finding the
complaining police officer guilty of
perjury.
That was a new theory of law
10 me-" Mr.. Boardman says. Il
didn't know they taught that kind
of law at Harvard" Judge Mar
gold Is a graduate OF the Harvard
University Law School and at one
time taught there.
The witness further asserted that
in 1910, when Judge Margold was
solicitor for the Interior Depart.
ment, he obtained legal counsel fol
a brother-in-law who was filing 9
divorce action. and that he ther
assigned one of his legal assistants
to represent the wife to fulfill the
District requirement that an i'm.
partial attorney" safeguard the de.
fendants interests in uncontested
suits.
Senator McCarran adjourned the
hearing once more to an indefinite
date and apologized for the delays
that have characterized the in