Evening star., 1952-06-21

"a COurG decision WHICH alreaOy naQ
terminated; that the Federal and
State Constitution guarantee the
minister the right to use the Ian
guage complained of and that the
sermon does no create a clear and
present danger to the adminis-
tration of justice.
"IS it your contention that you
can question the motives of a
judge and assert he is motivated
by other than a desire for JUS
tice?" Judge Taylor asked.
Call Criticism Legitimate"
Mr.. Ashby replied yes; he be-
lieved that was legitimate criti-
cism. Mr.. Goolrick replied there
is no distinction between criti-
cizing the acts and motives of
the court if the case already has
been disposed of by the Judge.
At several points Judge Taylor
kept asking for the attorneys
views on a persons right to ques-
ton the courts motive. To one
such question, Mr.. Ashby COM
mented:
IF the judge is aggrieved by the
criticism, he has the right to pro-
ceed against the responsible party
under civil libel action"
MIR. Ashby said it was the de-
fense contention that the minister
l-derogatory as he may have been
was protected under the 1st and
18th Amendments to the Consti-
tuition. He cited case in which he
said Harry Bridges, the longshore-
mems union leader, sent a tele-
gram criticizing what he antici-
pated would be a courts decision
in a labor case and threatened
that strike would continue re-
gardless of the decision. But, Mr..
Ashby said, Bridges was not
found guilty of contempt.
/ Mr.. Ashby asked if the case was
narrowed down to question OF
motives.
mot narrowed down to it,"
Judge Taylor replied, "but that's
the gist Of it."
| Two Principal Questions.
The Judge added there were two
principal questions involved:
/. Did the newspaper stories
and sermon imply Judge McCar-
! thy was motivated by other than
the desire for justice?
2. If so, is that legitimate criti-
cism, or contemptuouS?
J, When Mr.. Ashby quoted from
, the sermon describing Judge Nc
Carthy as an honorable man,
|. Judge Taylor promptly quoted
another portion referring to Judge
, McCarthy's appointment by a
, yrd-dominated Legislature.
> Doesn't that imply the Judges
, decision was influenced by po-
llitical motives?". the jurist in
, quired.
Mr.. Goolrick replied, mot nee
essarily," adding that the sermon
was delivered after decision on
an acute political issue.
1.-THE decision had its political
implications, no doubt" Mr.. Cool
rick added.
The attorney observed, too, that
the contempt rule did not orig
, Innate with Judge Mccarthy but
with Mr.. Green who walked into
court with some newspaper article
and had the rule issued"
II think" Mr.. Goolrick said
"this is a mountain out of a mole
hill, and largely a political mole
!, hill, at that"
Emphasizes Quotation.
The judge read aloud another
portion of the sermon where Mr.
Weston said he was forced tc
the conclusion that the Mccarthy
decision conceded with the inter.
tests of the Byrd organization. The
judge emphasized the quotation:
1T is true, isn't it, that no man
can serve two masters"
Mr.. Goolrick replied with q
question: "Well, what is the ByrC
organization?"
The Judge then asked: 'Didn'
he indicate in his sermon tha'
Judge Mccarthy was attempting
to serve what he called-ant
they're not my words-the Byre
lorganization?"
Mr.. Goolrick again cited Mr.
Weston'S reference to Judge Nc.
Carthy as an honorable man.
Mr.. Hassan denied the defense
contention that the case hac
ended as far as Arlington Circuit
: Court was concerned at the time
the sermon was delivered.
Mandamus Now Pending.
"There now is pending in the
Supreme Court q mandamus tt
1 compel Judge Mccarthy to Al