Evening star., 1954-11-08
Judge HoIfzoff
bRebuked by
SupreIllecourf
Frequent Clashes
With offutt in
Peekhom Case Cited
BY Robert K. WoIsh

The Supreme Court today
severely criticized Judge Alex
ander Holtzoff of the U. s. Dis
trict Court for the District Of
Columbia and reversed his find. .
ings Of criminal contempt against
Attorney Dorsey K. offutt Of
this city.
The contempt judgment was
ordered by Judge Holtzof in
June, 1852, in connection with
the trial of DR.. Henry L. Peck
ham on abortion charges.
Mr.. offutt. attorney for DR..
Peckham, was held in contempt
and sentenced to 10 days in Jail.
The United States Court of Ap-
peals for the District of Columbia
reduced the. punishment to 90
hours mainly on the ground that
"the record does not support the
penalty imposed"
Remanded to District Court.
The Supreme Court opinion
reversed those actions and res
manded the matter to the Dis
trict Court with a recommends
tion that another judge be as
signed to hear the complaints
against Mr.. Offutt. The So
opinion was written by Justico
Frankfurter. with Justices Reed,
Burton and Minton dissenting.
Noting that frequent court
room clashes between Judge
Holtzof and Mr.. Offutt "colored
the course of the trial (of Dr..
Peckham) throughout its II days
and with increasing personal
overtones," Justice Frankfurter
declared:
These interchanges between
court and counsel were marked
by expressions and revealed an
attitude which hardly reflected
the. restraints of conventional,
judicial demeanor. -.
"The question with which We
are concerned Is not the repre-
hensibility of the petitioners
conduct and the consequences
which he should suffer. Our
concern is with the fair admin
istration of justice. The record
discloses not q rare fiareup. not
a show Of eyanescent irritation
a modicum of quick temper that
must be allowed even to judges.
Wrangiing Mentioned.
"The record is persuasive that
instead Of representing the i'm.
personal authority Of the law
the trial judge permitted him.
self TO become personally EN-.
broiled with the petitioner.
There was an intermittently
continuous wrangle on an unedi-
flying level between the two. For
one reason or another the Judge
failed to impose his moral au.
thority upon the proceedings.
"His behavior precluded that
atmosphere of austerity which
should especially dominate q
criminal trial and which is In
dispensible sense of responsibility
on the part Of court, counsel and
jury Such an atmosphere will
also make for dispatch insofar
as is consonant with a fair trial.
The manner in which this trial
was conducted doubtless contri-
buted to the wastefulness Of Il
trial days for a case Of such
limited scope as was the Peck
ham prosecution"
Justices Black and Douglas.
while joining in the majority
opinion. said they believed Mr..
Offutt should be given a Jury
trial as well as having his case
heard by a different. Judge In
District Court.
Justice Reed and Burton, In
dissenting, made clear that they
would affirm the judgment of the
appeals court in reducing the
punishment but would not sus-
tain the judicial conduct Of
Judge Holtzoff.
Justice Minton's dissent stated:
"This piddling case goes back to
the District Court for hearing
by another judge on charges as
to which, on the record, this
court admits the petitioner (Mr.
Offutt) is guilty. It is only q
question Of how much punish.
ment he shall receive. Two days,
under all the circumstances, did
not seem too much to the Court
Of Appeals that reviewed the
conduct Of judge and counsel,
nor does it to me-"