Evening star., 1962-07-25
Judge Cooper 7 ellis Senators
About His Court Practices
By MIRIAM OTTENBERG
Star Staff Writer

Star Staff Writer
Judge Irving Ben Cooper fl
nally got his day in court.
For more than an hour yes
terday, the most controversial
Of President Kennedy's ap-
pointees to the Federal bench
testified in his own behalf be-
fore a Senate Judiciary sub
committee.
The Senator's listened with
out interruption. Their turn
viii come next Tuesday when
the prolonged hearings on the
Cooper nomination climax
with the questioning of the
nominee.
Judge Cooper has been serv-
ing under a recess appointment
as a Federal Judge in the
Southern District of New York
since last October. When his
confirmation hearings began
last March, favorable witnesses
were countered by spokesman
from the American Bar Asso-
citation, the Bar Association of
the City Of New York and in
dividual attorneys opposing
the nomination. The gist of
their complaints was that
Judge Cooper's temperament
made him behave in an un-
Judge-like way.
Disdainful Of Criticism
Speaking for himself, Judge
Cooper responded to the criti-
cism with cold disdain. He re-
served his eloquence for the
problems of New York's Court
Of Special Sessions and how he
had tried to meet them.
OF the lawyers and court at
taches who testified against
him, he said, 81 wasn't running
Q popularity contest. 1t made
little difference to me whether
they liked me or not"
He said he would register ,
my displeasure" when he saw
indifference to the rights of
defendants and he told the
subcommittee. 81 did step on
toes and I have through my
entire public career"
Judges Son Is Aide
Yesterdays session fifth in
the series-was reserved for
Judge Cooper and his attor-
ney, Theodore Kiendl, white
haired veteran Of so years at
the bar.
Flanking the Judge and Mr..
Kiendl were Judge Cooper's
son Richard, who handed Mr..
Kiendl q stream of documents
from a big file drawer, and
Chairman Celler of the House
Judiciary Com mittee, who
sponsored Judge Cooper for
the Federal bench.
For close to two hours be-
fore the nominee took the
stand, Mr.. Kiendl read letters
in praise Of Judge Cooper-let-
ters dating back to the judges
earliest days on the Court of
Special Sessions and coming
UP TO the present when the ,
Judges friends expressed sur
prise and sorrow at the ad-
verse testimony going into the
record.
Present Supporting Data
Mr.. Kiendl called special at
tention to letters from officials
of the New York County Law
yers Association and the Bar
of the City Of New York COM
mending Judge Cooper on past
occasions. Judiciary commit ,
tees of both associations op-
posed Judge Cooper's nomina-
ton to the Federal bench, but ,
Mr.. Kiendl brought out that
the board of directors Of the
county lawyers group refused
to give its president authority
to testify against Judge Coop
er.
Mr.. Kiendl told the Senators
he had 200 letters to present,
and they went into the record
by the sheaf. They came from
jurists including Justice
Frankfurter, from attorneys
who have practiced before
Judge Cooper, from members :
Of Congress, law professors, G
clergymen and others. G
ImpaSsiOned Appeal +
Finally it was Judge Coop s
er's turn. When he took the
oath to tell the truth, he /