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Appendix to Opinion of FRANKFURTER, J., dissenting. 343 U.S.

justly, indicated that we might be doing. It seems to me that your Honor's words, that constant repetition of our new techniques and delaying tactics, and dragging things out and rambling on, that that is addressed

The Court: Well, maybe I do ramble a little now and then, but I think that may be the privilege of the Court. (P. 1092.)

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(Conduct involved in Specification VII-pp. 1134– 1141; Feb. 4, 1949.)

Mr. Gladstein: Thank you, your Honor.

I have just pulled out a random-something that the clerk in this court does not do when he picks jurorstwo

Mr. McGohey: I move to strike that, your Honor.

The Court: I did not even hear that part. I hope it wasn't anything good. (P. 1569.)


Mr. Isserman: I am sorry, I object to your Honor's remark again. It is wholly uncalled for.

The Court: You may do all the objecting you want, but I am running this court and we are not going to have this interminable delay. (P. 1574.)

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(Conduct involved in Specification VIII-pp. 1660– 1671; Feb. 14, 1949.)


The Court: Mr. Sacher, you are becoming positively insolent.

Mr. Sacher: Well, I am not. I am stating


Appendix to Opinion of FRANKFURTER, J., dissenting.

The Court: Now I won't have it.
Mr. Sacher: I am stating what your Honor seems-

The Court: You have charged me with about everything that a lawyer can charge a court

Mr. Sacher: I am making no charge

The Court: You are charging me by this innuendo of some sort of connivance with the United States Attorney, and I just will not have any more of that. (P. 1661.)

The Court: Mr. Gladstein, I hope I am misunderstanding the purpose of that comment. It does not seem to me that you needed to do it. It seemed to have just one of those little fishhooks in that you so often sprinkle in your conversation, and I suggest that you omit them, if possible.

Now, you have been allowed every reasonable latitude here, and it is my intention to give you every reasonable latitude to bring out whatever you want to bring out

Mr. Gladstein: Very well.

The Court (Continuing): But I cannot continue to do it indefinitely, and if I get the impression that sarcastic comments and criticisms of the Court by innuendoes are being dropped in here and there, it is perhaps going to affect my discretion somewhat in the rulings I make on the extent of your cross-examination. (Pp. 1813-1814.)

The Court: Do you wish to make a motion that I disqualify myself for prejudice, as you have already made?

Mr. Crockett: I want to reserve the right to make such a motion, your Honor.

The Court: You have made it, I suppose, you and your colleagues, I don't know how many times, and I Appendix to Opinion of FRANKFURTER, J., dissenting. 343 U.S.

think we all understand that you charge I am biased and prejudiced and corrupt and everything else. (P. 2094.)


(Conduct involved in Specification IX-p. 2097; Feb. 18, 1949.)

The Court: Of course, you abandoned all thought of that, you and your colleagues, long ago here because you charged me again and again with corruption, bias, prejudice and having something to do with the system that I had nothing to do with. So I understand thoroughly what you think about me. Now, I can't help that. I must do my duty as best I can. So if you want to go on and call me some more names, go ahead and do it. It may come within part of your duty as you see it, and certainly it would be relevant to the case, and I am not going to stop you, so go right ahead and call me anything you want. (P. 2098.)

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Mr. Gladstein: That the Court is not concerned with the consumption of time is evident from the fact that during the past 35 or 40 or 45 minutes, perhaps longer, as each of the four attorneys who preceded me attempted to present his statement of objections, the Court constantly and frequently interrupted for the purpose of

The Court: If you expect I am going to sit here like a bump on a log while they make statements that are absolutely not so, I can tell you now I won't do it.

Mr. Gladstein: I desire

The Court: There is no rule I ever heard of that a judge is supposed to sit silent while the attorneys flay


Appendix to Opinion of FRANKFURTER, J., dissenting.

Mr. Gladstein: I desire to make an orderly, logical presentation of what I have to say,

The Court: Go ahead and do it. (P. 2099.)

Mr. Gladstein: Your Honor, I would like to finish my statement for the record. I wish the record to show my objection to the tone and the manner in which the Court delivered that command as unbecoming a Court, and I object to it. I also—

The Court: There is nothing unbecoming about it. I am through being fooled with in this case.

Mr. Gladstein: Now, if your Honor please

The Court: If you don't like it you can lump it. Put that down.

Mr. Isserman: I object to your Honor's remark and characterization of the conduct of counsel, and I ask that your Honor strike that remark.

The Court: Oh yes, yes, I have heard all that. Now I am sick of it.

Mr. Gladstein: Now I wish to add to my objection the unseemly remark of the Court saying that if we do not like it we could lump it. I object to it and ask the Court to withdraw and strike that statement from the record.

The Court: Yes, I refuse—I deny the motion. (Pp. 2276-2277.)

(Conduct involved in Specification X-pp. 2383– 2385; Feb. 28, 1949.)

(Conduct involved in Specification XI-p. 2404; Feb. 28, 1949.)

Mr. McGohey: Well, it is a dishonest question, your Honor, and that is the basis of the objection to it.

Appendix to Opinion of FRANKFURTER, J., dissenting. 343 U.S.

The Court: It is in Mr. Gladstein's best style. (P. 2490.)

(Conduct involved in Specification XII-pp. 2528– 2529; March 1, 1949.)

Mr. Gladstein: ... I desire the right, and I request the Court to grant it, for us to have an inventory made of the contents of those envelopes before they are taken from us permanently. We will also ask leave at times, suitable to the Court, to make copies of those

The Court: Do you realize, Mr. Gladstein, you are insinuating that I have possession of those exhibits and will destroy some of them?

Mr. Gladstein: I make no such insinuation. (P. 2556.)

Mr. Sacher: ... There is really nothing funny about this.

The Court: I was just thinking it was only a little while ago you were talking about Judge Knox's book in a rather different way. But you can do that. That is all right.

Mr. Sacher: But this is a statement of fact.

The Court: I am not going to stop smiling when I see some occasion to smile just because Mr. Sacher does not like it.

Mr. Sacher: It is not the smile. I welcome smiles. I indulge in them a good deal, but I don't think you ought to treat this argument with levity because I think it is an important question. (Pp. 2640-2641.)

The Court: ... We will then, by the usual process of selecting names out of the wheel, put 12 jurors in the

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