Evening star., 1952-06-21
Court Weighs.
Sermon as Basis
ForConten'pt
Motive Attributed
To Judge Is Crux
Of Arlington Cose
By Alex R. Preston


studied today as possible grounds
for contempt.
Judge J. Hume Taylor sought
to determine whether the Rev.
Ross Allen Weston Of the Unitar-
ian Church attributed improper
motives to a decision by Judge
Walter T. Mccarthy Of the Arling-
ton Circuit Court.
Judge Taylor. who left Norfolk's
Law and Chancery Court to sit on
the Arlington hearing. took the
case under adviSement late yes
terday afternoon.
The jurist indicated he expected
to dispose of the case before July
l, but If not. it would be after
September z when Mr., Weston re-
turns from vacation. The defense
told the court the minister need
not be present, but Judge Taylor
said, II would rather have him
here"
what am interested in is
whether you have a right to say
that judge is motivated by any
thing other than a desire to car.
ry out justice" Judge Taylor said.
Right to Disagree.
"There's no dispute here about
your right to disagree with the
courts decision or that you can
criticize the judge, himself"
Mr.. Weston admitted, through
counsel. that in his sermon of
May Is he said:
Finally. and most important of
all, we must be alert to the en-
croachments on the freedom of
persons. The stealth. the intrigue
and the wicked designs of the il
liberal are a constant menace.
They leap at us from the left,
waving the most impressive anti
Fascist banners; or they creep
upon us from the right, clothed
in the most innocent garbs.
Sometimes these forces are
clothed in the gowns of the JUS
tices of the law. I refer. of course.
to Judge Mccarthy and his re-
cent decision in the Dean case
that employees of the Federal Gov
ernment cannot hold Office in Ar
lington County :"
Ruling Made in Dean Case.
Judge Mccarthy had ruled in
a case against Alan L. Dean, mem
ber of the County Board, that q
State law prohibits Federal en-
ployes from holding certain State
and local offices. An amendment
excepting Arlington from the ban
violates the State constitution.
Judge Mccarthy found. The case
has been appealed and the State
Supreme Court indicated yester-
day that it may rule at its Sep
tember / session.
Portions Of the sermon were
read aloud by Commonwealth
Attorney william j. Hassan. The
excerpt from the text Of the SER
mon was contained in a press
release which was obtained by
subpoena from the Washington
Post.
Mr.. Hassan discounted the value
of that portion Of the sermon re-
ferring to Judge Mccarthy as an
honorable man.
"It's filled with barbs before it's
said and torn to shreds after it's
said, Mr.. Hassan declared.
Judge Taylor overruled a de-
murrer to the complaint which
originated with Arlington Attor-
ney John Locke Green.
Defense counsel, c. O'Conor
Goolrick and James Ashby Of
Fredericksburg, and Wendell
Berge of Washington. former as
sistant United States Attorney
General, noted an exception.
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"
Mr.. Hassan denied the defense
contention that the case had
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 a mandamus to
compel Judge Mccarthy to fill
vacancies on the board resulting
from his decision" Mr.. Hassan
said. There are two other cases
probable if the decision is upheld.
affecting (board members) Daniel
A. Dugan and Robert w. Cox .
1.-THE whole subject matter is
wrapped up in the politics Of this
community. We have a situation
of political turmoil--a series Of
cases pending and a series that
probably will be filed as a result
of that decision. Judge Mccarthy
is being attacked as being in
fluenced by a Byrd machine"
ANY language used to incite q
group of people-whether it be a
Ifirst-class of second -class group
is a clear and present danger to
the administration Of justice" I"
Mr.. Hassan declared.
Campbell Is Witness.
Edmund D. Campbell, a Demo-
cratic candidate for Congress from
the 10th district, was called as a
witness earlier in the hearing by
lMr. Hassan. Mr.. Campbell denied
he had anything to do with the
preparation Of the sermon and
said the first he knew Of 1t was
when it was released the day after
its delivery.
MIR. Campbell said he received