Self-Judgment

His father's name was Noah and his mother's name was Minerva, but he is merely Judge Edgar Sullins Vaught. Although Noah was a Confederate Veteran and Edgar was born in Virginia, the Judge is a Republican and a habitant of Oklahoma City. He is one of the best toastmasters and storytellers in the State, has been superintendent of Oklahoma City's schools, president of her Chamber of Commerce, international president of the Lions Clubs. On the Federal bench, to which Calvin Coolidge appointed him in 1928, Judge Vaught has a reputation for fairness: a big, bluff record which includes life-sentencing the kidnappers of Charles Urschel, bluntly telling a local company to pay no attention to the late NRA, restraining the U. S. from collecting coal taxes under the late Guffey Act. Last week he presided at the trial of Lonzo Carl Giles, onetime Federal Relief administrator in Oklahoma, charged with conspiracy to defraud the Government by countenancing "phony" bids for the purchase of FERA mules.

Question arose at the trial as to what law or regulation requiring competitive bidding Defendant Giles was accused of breaking. Said Judge Vaught critically: "I have investigated here now for nearly a week to find out just exactly what is contained in the first executive order made under the Emergency [Relief] Act. . . . I also tried to find orders made by the persons to whom the original power was delegated by the President. I couldn't find them. I think I have a pretty good library. It is a strange thing if there is a law in the U. S. and we can't find out what it is. I want to know what the law is. Where is the regulation?"

Thoroughly wrought-up the Judge exclaimed:

"If there ever has been any reckless, careless way of handling Government funds, the evidence in this case certainly shows it. It is not the duty of this court to pass on those matters. It is not interested in them. Here you have seen for yourself the setup where billions of dollars are being expended and yet it is sent down here, and you say 'go ahead and build your own setup, you go ahead and handle it.' How you are going to handle it, the Lord only knows."

"I wish to take exception to your honor's remarks," said the Government's attorney meekly.

"Well, you can except," retorted the Judge.

Defense attorneys puffed out their chests.

Next morning Judge Vaught was half an hour late in appearing at the trial. He promptly addressed the jury:

"Gentlemen, in this case some remarks were made by the court yesterday. . . . The remarks were suggested, or rather provoked by the development of the trial. . . . You will appreciate this is an unusual case. It is the first case of its kind I know anything about where a prosecution under an indictment for a violation of a regulation which was promulgated by an executive order has been had. . . .

"It was not the court's intention to reflect upon the President of the United States or the administrator of this Relief fund, either national or State. What the court intended to say was that in the distribution of billions of dollars, certain definite regulations should be provided which would govern those who dispense that sum.

"I can see where the remarks of the court might be exceedingly prejudicial to the defendants. I can see where they could be extremely prejudicial to the Government. Every person charged with a crime has a right to a fair and impartial trial. Every individual who has a case in court has a right to a fair and impartial trial and the court, having reached this conclusion that the remarks were not only inopportune but not justified, at this time declares a mistrial in this case and the jury will be discharged."

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