UNITED STATES v. PENDERGAST

Nos. 14912, 14937.

34 F.Supp. 269 (1940)

UNITED STATES v. PENDERGAST et al. (two cases).

District Court, W. D. Missouri, W. D.

August 22, 1940.


Attorney(s) appearing for the Case

Richard K. Phelps, Acting U. S. Atty., of Kansas City, Mo., for plaintiff.

R. R. Brewster, Sr. (of Brewster, Brewster & Brewster), and John G. Madden (of Madden, Freeman & Madden), both of Kansas City, Mo., for T. J. Pendergast.


OTIS, District Judge.

No judge should step aside from any case merely because a litigant prefers some other judge. The judge is not a referee selected by the parties. He is more than a referee and he is selected by the sovereign power of the nation. It is morally wrong for him to abandon the post the sovereign has assigned him except only when it is required by law. Especially is that true in a criminal case. It is unthinkable that a man indicted of crime should be...

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