Evening star., 1952-06-20
Contempt Case
Against Cox
Is Dismissed
Evidence insufficient,
Hearing Is Under Wa,
For Arlington Pastor

I'SOIiSI9 - OIiuSt Vuy
For Arlington Pastor
Contempt proceedings against
Robert w. Cox, chairman of the
Arlington County Board, were dis
missed today in the County Cir
cult Court.
Meanwhile, a hearing on similar
proceedings was being held in a
second courtroom at Arlington
Courthouse for the Rev. Ross AL
len Weston of the Arlington Uni
tartan Church.
Both men were ordered into
court because of remarks which
were said to have been critical of
Circuit Court Judge Walter T. Nc
Carthy's decision May S banning
Federal employees from holding
certain State and local Offices.
The complaints against Mr.. Cox
and Mr.. Weston were filed by At
torney John Locke Green, who had
initiated the case which brought
on Judge McCarthy's controversial
ruling.
Interpreted As Free Speech.
Judge Lyttelton Waddell, of
Charlottesville. who presided at
the Cox hearing, said the board
chairman seemed merely to be ex-
ercising free speech when he al
legedly criticized Judge McCar-
thy's ruling before the darlington
Civic Association on May 81.
Basis for the contempt case
against Mr.. Cox was a newspaper
account of the Harrington speech
appearing the next day in The
Star. Judge Waddell indicated
the newspaper account was lnsuf-
f1cient evidence of contempt.
The newspaper story said Mr..
Cox had taken the stump"
against Judge McCarthy's ruling.
1t also quoted him as saying the
Judge would have the privilege of
filling vacancies created by bis
decision on the County Board.
Would Affect 3 Members.
Judge McCarthy's decision, at
torneys for both sides have agreed,
would have the effect of ousting
three of the county's five board
MEMBERSHIP. Cox, Alan L. Dean
and Daniel A. Dugan. The case
has been taken to the Virginia Su-
|preme Court of Appeals.
Stanley A. Owens, Common
wealth's attorney for Prince Will
liam County, who prosecuted the
Cox case because Arlington
Commonwealth's attorney William
j. Hassan disqualified himself
contended Mr.. Cox's statement
about the appointive power of the
court in filling vacancies tended
to impugn the motives of Judge
Mccarthy.
Judge Waddell rejected. this
contention. He said the appoin-
tive power of circuit judges for
many years has been subject of
political controversy in Virginia
and often has been the topic of
argument.
The packed courtroom burst
into applause as Judge Waddell
dismissed the action against Mr.
Cox. Then most of the specta-
tors hurried to the other COURT
room to witness the remainder
of the contempt action against
the Unitarian minister.
Weston Hearing Delayed.
The Weston hearing was delayed
until the Cox case was concluded
because Edmund D. Campbell, whit
was counsel for Mr.. Cox in hi.
hearing, also was needed as a ke!
witness in the Weston case.
Basis of the contempt actor
against Mr.. Weston was a sermon
he delivered May 18 and news
paper accounts of it appearing tn,
next day.
Mr.. Campbell was called to tn.
stand by Mr.. Hassan and asked tt
testify as to aid he gave reporter
in obtaining statements from th'
sermon, which was critical o.
Judge McCarthy's decision.
Mr.. Campbell, now a candidate
for the Democratic nomination TO,
Congress in Virginia, said he hat
received copy of the Weston ser.
mon at his Office the day after i
was delivered. He said a reportel
for The Star telephoned him ant
asked him to read the sermon
part of which was printed tina
morning in the Washington Post
He said he read excerpts from tn
!. sermon to The Star reporter.
i The witness then denied he still
(See CONTEMPT, Page A-2.)