Evening star., 1952-09-14
By Alex r. Preston

A Bedford County Baptist
preacher spoke his mind during
the prohibition era about Judge
who presided over liquor cases in
which his two sons represented the
defendants. The State Supreme
Court upheld his conviction for
contempt.
Mr.. Weston has announced he
will appeal Fridays conviction
which resulted IN suspended fine
of $100 and costs. This grew out
of a sermon last May in which he
criticized an opinion of Judge
Walter T. Mccarthy Of Arlington
Circuit Court.
Old Decision is Recalled.
The Bedford County case in
volved the Rev. Thomas E. Boorde.
His conviction was affirmed by the
State Supreme Court on November
16., 1922. Judge P. N. billiard of
the Bedford Circuit Court had
been criticized by Mr.. Boorde.
The higher court decision had
this to say:
"It is to be observed that the
attack upon Judge Dillard neces-
sarily related not merely to past
decisions, but also and particu-
larly to q class Of cases which
would be tried by him in the
future. Its apparent purpose was
to influence his action in such
cases and its natural tendency
was to embarrass him in the free
and Independent exercise of his
judgment.
Considerable latitude Is per-
miSsable In the criticism of jul
dicial decisions already rendered,
but when such criticism neces-
sarily involves the future action
of the court in pending causes, a
stricter rule, for obvious reasons
must be applied"
Sermon Il Cited.
Last May 8 Judge Mccarthy de-
livered an opinion in which he
upheld an old State law banning
Federal employees from serving in
State and local offices. At the
same time he ruled unconstitu-
tional a more recent statute ex-
cepting Arlington and Fairfax
Counties from the State wide ban.
(The Supreme Court upheld Judge
Mccarthy last Wednesday, result
ing in the removal of three non
partisan members of the County
Board.)
Mr.. Weston. in his sermon on
May 18. said:
II do know that Judge Nc
Carthy holds his present Office by
virtue Of appointment by a State
Legislature which Is under the
domination Of Senator Byrd.
Furthermore. I know that Judge
Mccarthy possesses the power to
fill vacancies when they occur on
our County Board. I also know
that if Judge McCarthy's decision
is sustained, it will create vacan-
cies on the County Board.
"Is the Judge who creates the
vacancies by his ruling the man
who should fill those vacancies? T
do not think so. Thus, I am forced
to the conclusion that Judge Nc
Carthy's decision comedies with
the interests Of the Byrd organiza-
ton. It is true, isn't it, mo man
can serve two masters?"
Details of Complaint.
One of the principal arguments
by Mr.. Weston's attorneys was
that Judge Mccarthy already had
rendered an opinion and that
there was nothing pending in the
case before the court.
The prosecution, on the other
hand, contended that because of
the overall significance of the
opinion, the judge would be
called upon to rule upon other
related issues. At the present time
he is preparing to appoint three
men to the County Board seats
made vacant by his earlier ruling.
Records Of the Bedford County
case show that Mr.. Boorde had
charge of four churches. The COM
plant in 1921 said that MIR.
Boorde before large concourse
of people at Hunting Creek
Church and while the Baptist
Strawberry Association was in
session, made these remarks:
Brave revenue officers risk their
lives right here IN Bedford County
only to have the law evaders whom
they have taken such efforts to
catch acquitted by wet judge. I
am speaking Of Judge P. H. Dill
lard, and in case any of his friends
are present, or should he hear
what I say today, my name is T.
E. Boorde.
Questions Fair Decisions.
"Commonwealth's Attorney Lam
don Lowry claims that he cannot
get convictions. You may have
your own opinion Of Landon
Lowry and I shall not seek to
change it, but how can we even
expect a Judge to give fair de-
cisions in cases where his two
sons make a practice Of defend
ing alleged culprits?"
In the case of Mr.. Weston, a
press release containing excerpts
from his sermon was given out
and newspapers published an ac-
count of his remarks on May 10.
The Lynchburg News published
an account of Mr.. Boorde's re-
marks and the minister later
asked for a correction of one part
of the story but not the portion
relating to Judge billiard. The
Supreme Court observed:
HE published a statement SUBJ
sequently in the paper in which he
again failed to make any dis
claimer or correction in regard to
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