Evening star., 1953-06-03
Minister Group
Would Appeal
To High Court
State Tribunal Hears
Rev. R. A. Weston's
Contempt Case
By Alex R. Preston
Stcr StuH Correspondent

Oy FNISA Ne UtSStOU
Stor StoH Correspondent
RICHMOND. June 3.-The
Unitarian Ministers Association
will carry a contempt of court
conviction of an Arlington
pastor all the way to the United
States Supreme Court, If Vir-
ginia's highest tribunal rules
against him.
Contending that the basic
issue Of freedom Of expression is
involved in the case of the Rev.
Ross Allen weston of the Arling-
ton Unitarian Church, a spokes-
man for the national associa-
ton made the statement after
listening to arguments in the
appeal before the State Supreme
Court yesterday.
The Rev. Harry Scholefleld Of
Philadelphia, vice chairman Of
the association, said a special
committee Of his group has
financed Mr.. Weston's legal
battles so far through the Ar
lmgton Circuit Court and the
Virginia Supreme Court. The
committee is headed by the Rev.
A. Powell Davies of All Souls
Unitarian Church in Washing
ton.
Would Enlist Others.
IF a further appeal is neces-
sary." Mr.. Scholefleld said, I'VE
probably will enlarge the COM
mittee by making it non-sec-
tartan and also bring in repre-
Sentatives Of the press and 9TH
ers interested in preserving the
rights of free speech and a free
press"
Justices of the State Supreme
Court limited, by their questions
during yesterdays arguments.
there is some doubt about
whether the tribunal has juris-
diction in the appeal.
Assistant States Attorney
General Frederick T. Gray
pointed out that a 500 fine i'm
posed on Mr.. Weston had been
suspended by Judge j. Hume
Taylor Of Norfolk. who heard
the case in Arlington.
Since there was no actual
penalty involved, what was the
basis for an appeal, the court
wanted to know.
we are appealing more than
q $100 fine case" said C..
O'Conor Goolrick of Fredericks-
burg, one Of Mr.. Weston's at.
torneys. I'VE are invoking our
constitutional rights. BY his
conviction he has been brought
before the public 9and has been
pilloried. In some respects he
has been put in public disgrace"
Prosecutor Recommendation.
Mr.. Goolrick reminded the
court that the prosecutor in the
case IN Arlington had made the
motion to suspend the fine.
i don't know what his reasons
were. but that shouldn't close
the door to an appeal" Mr..
Goolrick said.
Mr.. Weston's conviction last
September grew out of a sermon
and excerpts he issued to the
press in which he criticized
Arlington Circuit Judge Walter
t. Mccarthy. The basis for the
criticism was Judge McCarthy's
ruling banning Federal employees
in local offices. resulting in the
removal of three members of the
Arlington County Board.
When asked by the court to
cite objectionable portions" of
the sermon, Mr.. Goolrick replied
they were that Judge Mccarthy
has tried to serve two masters.
and he found he couldn't serve
the people and the Byrd ma
chine"
The minister's lawyer also
said, I'm not defending the
language this gentleman used.
That's his business. not mine."
Denies Impeding Justice.
But he added that criticism Of
a judges decision after a case
is finally concluded is not "a
clear and present danger to the
administration of justice" such
as the United States Supreme
Court has ruled basis for con-
tempt.
Mr.. Gray countered, however.
that the Government employe
case had not been finally con-
cluded before Judge Mccarthy
because an appeal then was pend
ing. Furthermore, he added.
Judge Mccarthy subsequently
was called on to I'LL the three
vacancies of the county board.
Another attorney for Mr.. Wes-
ton, Wendell Berge of Washing
ton, argued that, "after a case
is terminated, nothing can be
said about the court that con-
Stitutes contempt" The judges
have recourse to the laws govern
ing libel and SANDER "just like
any other citizen" he insisted.
This view was supported in a
brief filed in Mr.. Weston's be-
half by the American Newspaper
Publishers Association.
Mr.. Weston's attorneys ar.
gued that the State law under
which the minister was convicted
Is unconstitutional where it pro-
hibits attacks on court decisions
after final Judgment is made.
The right Of free speech and
, free press goes as far as the
ibel and slander laws allows it to.
Mr.. Goolrick said. In reply to q
question, Mr.. Goolrick said:
IF he had gotten up in court
and said that, it very probably
would have constituted con-
Tempt: but I'm not prepared to
30 into that because it didn't
happen"
In opening his arguments, Mr..
joolrick said Mr.. Weston's con-
yregation is largely made up Of
Government employees. Judge
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