Evening star., 1945-07-26
Opposition Rise,
To Life Job for
Judge Margold
20 Seek to Testify
As Senote Group
Recesses Hearing
BY DON S. WARREN.

ton of Municipal Judge Nathan r.
Margold to a lifetime job on the
District Court bench.
A spokesman for the opposition
made this announcement late yes
terday after four hours of complaints
against Judge Margold and his
methods of conducting court busi-
ness had been placed in the record
of hearings before the Senate Judi
ciary Subcommittee considering his
nomination to the higher court.
Senator McCarran, Democrat, OF
Nevada. chairman of the Judiciary
Committee as we'll as its Margold
Subcommittee, expressed a willing
ness to hear the additional testi-
mony, but recessed the hearing, sub
ject to call, to permit arrangement
of time when both committeeman
and witnesses would, be available.
Slim Chance for Action.
Chances of action before the SEN
ate begins its recess until October 8
thus grew simmer. The nomina-
ton must be returned to the White
House if~the Senate fails to act
before recessing for longer than
80 days.
Jean M. Boardman. leader OF
the opposition. told the McCarran
Subcommittee his most vital" wit
ness, Joseph H. Bait. Washington
attorney, was in Maine, but that ef-
forts would be made to contact
him.
His testimony, Mr.. Boardman told
the committee, would concern a
statement by Judge Margold that
he was willing to award directed
verdict to a defendant in a simple
assault case only il, the defendant
would agree to give his divorced
wife custody of their child.
Violation of Court Orders.
If the defendant had agreed to
that, Mr.. Boardman said, he would
have been violating the orders of
the District Court which had
awarded the child to him in the
divorce action.
The father had been charged
with assault for allegedly whip
ping" the child, the committee was
told. Mr.. Bait was counsel for the
defendant. According to the Board
man account, Mr.. Bait moved for
a directed verdict after the prose-
cution's case had been heard and
Judge Margold is said to have
but commented he had
heard the mother wanted custody
Of thea child tSs
Mr.. Boardman declared Judge
Margold agreed 10 a directed ver-
dict If the father would turn over"
the child to the mother, 4 but that
he would let the case 60
to the. jury pas
The father refused, the case went
TO the jury, and he was found guilty.
Mr.. Boardman added Attorney Bait
then moved to set aside the verdict.
and that Judge Margold said he
would grant that motion If the
father gave the mother custody Of
the child.
Others File Complaints.
Complaints against Judge Mar
gold, outlined earlier yesterday aft
ernoon, included the following testi-
mony:r
T. Edward O'Connell, attorney:
Judge Margold had been en-
ployed as a lecturer at Harvard
Law School but didn't finish out a
year because he was fired" by Dean
Roscoe Pound. He charged that
anti-semitism was the reason, but
this is something never known to
exist at Harvard. He is using the
same complaint now.
"If he is given a lifetime job or
the District Court. the disfranchised
people of the District will suffer.
God help them.
HE is a bungling, incompetent
and unqualified limitation of a
lawyer"
Richard E. Wexford, attorney:
IF he knows the law he doesn't
know how to apply it. He may be
q AlllC tCdSllci UuI ldChS JuuSIICllI.
Charge Case Delayed Year.
Reese B. Gillespie, attorney:
After briefs had been filed, Judge
Margold deliberated without acting
for one year, one month and five
days on a motion to consolidate for
trial purposes the cases of two de-
PENDANTS who were charged with
negligent homicide in bus-auto
collision in which one man was
killed. Either he was derelict in
his duty, or incompetent" the wit
ness said.
Hanserd K. Presley, attorney:
Judge Margold, when serving in
Landlord and Tenant Court, made
such a practice of calling on one
attorney, Herman Miller, for an
of the law that among
lawyers this bench became known
as ''Mr. Miller's court"
Ward B. Mccarthy, lawyer:
In Landlord and Tenant Court the
record would show that Judge Mar
gold talked more than all lawyers
on both sides of the case.
Albert E. Brault, native-born Dis
trict lawyer:
Judge Margold is constantly
talking" interfering with both sides
of the case. It must be confusing
to the jury"
Dennis Collins, attorney:
Judge Margold refused to listen
to defense arguments in setting
bail in an attempted-robbery case
when the defendant had wife and
three dependent children. He de-
manded $4,000 bail, but later the
District Court let the defendant
out on a $4,000 bond.