United States v. Gehr

• Decision Date: 24 July 1902
• Citation: 116 F. 520
• Parties: UNITED STATES ex rel. GUARANTY TRUST CO. OF NEW YORK v. GEHR.
• Court: U.S. Court of Appeals — Fourth Circuit

116 F. 520

UNITED STATES ex rel. GUARANTY TRUST CO. OF NEW YORK v. GEHR.

United States Circuit Court, N.D. West Virginia.

July 24, 1902

Reese Blizzard, U.S. Dist. Atty., W. S. Meredith, and A. P Fleming, for the rule.

John L Gehr, in pro. per.

JACKSON District Judge (orally).

It is very painful to me to have to pass upon a case of this character under any circumstances whatever, but it is more than painful to have to do so when I have been made the subject of the abusive language which this man has used. If I were to-day sitting upon a case in which he had used the abusive language toward another officer of this court, either judge or otherwise, I would feel constrained to enter a judgment in this case that would not only serve as an admonition to him, but to all others, as a warning not to trespass upon the lines such as this man has trespassed upon. He has used villainous epithets. He has used the most uncouth language and applied the most opprobrious language to the court that he could well conceive of. Now, I have nothing vindictive in my character, and I do not intend upon this occasion, in my action upon this case, to give any one an opportunity to criticize the action of the court, for fear that they might attribute to the court a little spirit upon its part of revenge, which does not exist in my heart. Were I to-day dealing with this man for any other officer of this court, or for one of the judges of this court, instead of myself, I would unquestionably give him not less than a year in prison. He richly deserves it. He came to Clarksburg, as he admits, an emissary of this labor organization. He came there, he admits, for the purpose of getting the people to strike,-- to better their condition, as he says. He comes 2,000 miles, and he has been in the state hardly long enough to get a seat in it, before he commences his tirade of abuse against this court. What does he know about this court personally? Why did he apply such epithets to this court? Officially, this court has a record all over this country. It knows its record; it knows its standing as a judge of the court just as well all over this country as it does at home. And yet he comes here as a braggart and bully, and reminds me of what I have read about the cowboys on the plains, and uses those vile epithets that have been detailed by the witnesses upon the stand; and, finally, when he is confronted with the witnesses, he has no evidence to offer, no excuse to offer no explanation to make of his opprobrious epithets. He stands, as it were, like a prisoner at the bar, mute and silent, and finally finds up by saying, 'I plead guilty to contempt in violation of the order of this court. ' Is he entitled to any sympathy or charity at the hands of the court. ' Is a man of this character deserving of it,-- reckless not only of his own reputation, but so reckless that he must undertake to defame and besmirch the reputation of a judge who has sat upon the bench for nearly 41 years, and, I suspect very strongly, upon the...