Martin Thomas Manton (August 2, 1880 – November 17, 1946) was a United States circuit judge of the

United States Court of Appeals for the Second Circuit The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory covers the states of Connecticut, New York (state), New York, and Vermont, and it has ap ...

and previously was a United States District Judge of the

United States District Court for the Southern District of New York The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a federal trial court whose geographic jurisdiction encompasses eight counties of the State of New York. Two of these are in New York Ci ...

. At his 1939 trial, Manton was acquitted of bribery, but convicted of conspiracy to obstruct justice. He served 19 months in federal prison.Mark Grossman, ''Political Corruption in America: An encyclopedia of scandals, power, and greed'' (2003) pp. 219-20.Gary Stein, ''Justice for Sale: Graft, Greed, and a Crooked Federal Judge in 1930s Gotham'' (Globe Pequot Press 2023 )

Education and career

Born on August 2, 1880, in

New York City New York, often called New York City (NYC), is the most populous city in the United States, located at the southern tip of New York State on one of the world's largest natural harbors. The city comprises five boroughs, each coextensive w ...

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, Manton received a

Bachelor of Laws A Bachelor of Laws (; LLB) is an undergraduate law degree offered in most common law countries as the primary law degree and serves as the first professional qualification for legal practitioners. This degree requires the study of core legal subje ...

in 1901 from

Columbia Law School Columbia Law School (CLS) is the Law school in the United States, law school of Columbia University, a Private university, private Ivy League university in New York City. The school was founded in 1858 as the Columbia College Law School. The un ...

. He entered private practice in New York City from 1901 to 1916, part of that time partnered with William Bourke Cockran.Borkin, 1962

Notable client

In 1915, Manton was attorney for Charles Becker, the New York City police officer who was convicted and executed in the Rosenthal murder trial.

Federal judicial service

Manton was nominated by President

Woodrow Wilson Thomas Woodrow Wilson (December 28, 1856February 3, 1924) was the 28th president of the United States, serving from 1913 to 1921. He was the only History of the Democratic Party (United States), Democrat to serve as president during the Prog ...

on August 15, 1916, to a seat on the

vacated by Judge Charles Merrill Hough. He was confirmed by the

United States Senate The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...

on August 23, 1916, and received his commission the same day. His service terminated on March 22, 1918, due to his elevation to the Second Circuit. Manton was nominated by President Wilson on March 12, 1918, to a seat on the

vacated by Judge Alfred Conkling Coxe Sr. He was confirmed by the Senate on March 18, 1918, and received commission the same day. He was a member of the Conference of Senior Circuit Judges (now the

Judicial Conference of the United States The Judicial Conference of the United States, formerly known as the Conference of Senior Circuit Judges, was created by the United States Congress in 1922 with the principal objective of framing policy guidelines for administration of judicial co ...

) from 1926 to 1938. His service terminated on February 7, 1939, due to his resignation.

Supreme Court consideration

In 1922, President

Warren G. Harding Warren Gamaliel Harding (November 2, 1865 – August 2, 1923) was the 29th president of the United States, serving from 1921 until his death in 1923. A member of the Republican Party (United States), Republican Party, he was one of the most ...

considered appointing Manton to the

Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...

to succeed Justice William R. Day in what was then regarded as the "

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seat" on the Court. Manton encountered opposition led by Chief Justice

William Howard Taft William Howard Taft (September 15, 1857March 8, 1930) served as the 27th president of the United States from 1909 to 1913 and the tenth chief justice of the United States from 1921 to 1930. He is the only person to have held both offices. ...

, and Harding ultimately appointed Justice Pierce Butler to the seat.

Notable cases

During the 1930s, Manton's seniority made him the Senior Circuit Judge of the Court (the rough equivalent of the

Chief Judge Chief judge may refer to: In lower or circuit courts The highest-ranking or most senior member of a lower court or circuit court with more than one judge. * Chief judge (Australia) * Chief judge (United States) In supreme courts Some of Chief ...

position today). He wrote a memorable dissenting opinion in the

obscenity An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin , , "boding ill; disgusting; indecent", of uncertain etymology. Generally, the term can be used to indicate strong moral ...

litigation instigated by

Bennett Cerf Bennett Alfred Cerf (May 25, 1898 – August 27, 1971) was an American writer, publisher, and co-founder of the American publishing firm Random House. Cerf was also known for his own compilations of jokes and puns, for regular personal appearanc ...

concerning the book ''Ulysses'' by

James Joyce James Augustine Aloysius Joyce (born James Augusta Joyce; 2 February 1882 – 13 January 1941) was an Irish novelist, poet, and literary critic. He contributed to the modernist avant-garde movement and is regarded as one of the most influentia ...

, ''United States v. One Book Entitled Ulysses'', 72 F.2d 705 ( 2d Cir. 1934). Judges

Learned Hand Billings Learned Hand ( ; January 27, 1872 – August 18, 1961) was an American jurist, lawyer, and judicial philosopher. He served as a federal trial judge on the U.S. District Court for the Southern District of New York from 1909 to 1924 a ...

and Augustus Noble Hand decided that the book was not obscene, but Manton voted to ban it. Manton was also involved in a series of controversial decisions concerning control and financing of the companies then operating the

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Resignation and conspiracy conviction

Manton suffered severe financial reverses during the

Great Depression The Great Depression was a severe global economic downturn from 1929 to 1939. The period was characterized by high rates of unemployment and poverty, drastic reductions in industrial production and international trade, and widespread bank and ...

and began to accept gifts and loans from persons having business before his court, some of which allegedly constituted outright bribes for selling his vote in pending patent litigation. Rumors of corruption spread and in 1939, Manton resigned under pressure of investigations by

Manhattan District Attorney The New York County District Attorney, also known as the Manhattan District Attorney, is the elected district attorney for New York County, New York. The office is responsible for the prosecution of violations of New York state laws (federal la ...

Thomas E. Dewey, who wrote a letter to the Chairman of the

House Judiciary Committee The U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, f ...

recommending

impeachment Impeachment is a process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In Eur ...

proceedings by a federal

grand jury A grand jury is a jury empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a person to testify. A grand ju ...

. Following his resignation, Manton was indicted in the United States District Court for the Southern District of New York where he once sat as a judge. The government was represented at trial by John T. Cahill, the

United States Attorney United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal ...

for the Southern District of New York. Judge William Calvin Chesnut of the District of Maryland presided over the jury trial at which Manton called former Democratic Presidential candidates Alfred Smith and John W. Davis as character witnesses. Manton was convicted for conspiracy to obstruct justice. Manton's conviction was affirmed by a specially constituted Second Circuit panel consisting of retired Supreme Court Justice

George Sutherland George Alexander Sutherland (March 25, 1862July 18, 1942) was a British-born American jurist and politician. He served as an associate justice of the U.S. Supreme Court between 1922 and 1938. As a member of the Republican Party, he also repre ...

, Supreme Court Justice

Harlan Fiske Stone Harlan is a given name and a surname which may refer to: Surname * Abram D. Harlan (1833–1908), American politician from Pennsylvania * Bob Harlan (born 1936 Robert E. Harlan), American football executive * Bruce Harlan (1926–1959), America ...

, and newly appointed Second Circuit Judge

Charles Edward Clark Charles Edward Clark (December 9, 1889 – December 13, 1963) was the 5th Dean of Yale Law School and a United States circuit judge of the United States Court of Appeals for the Second Circuit. Education and career Born on December 9, 1889, in ...

. Manton was sentenced to two years in Lewisburg Federal Penitentiary and served 17 months.

Death

Manton died on November 17, 1946, in Fayetteville, New York, where he had moved following his release from prison.

Legacy

The 1940

Pulitzer Prize The Pulitzer Prizes () are 23 annual awards given by Columbia University in New York City for achievements in the United States in "journalism, arts and letters". They were established in 1917 by the will of Joseph Pulitzer, who had made his fo ...

for reporting was awarded to S. Burton Heath for his coverage of the Manton trial for the ''

New York World-Telegram The ''New York World-Telegram'', later known as the ''New York World-Telegram and The Sun'', was a New York City newspaper from 1931 to 1966. History Founded by James Gordon Bennett Sr. as ''The Evening Telegram'' in 1867, the newspaper began ...

''.

References

Sources

* , - {{DEFAULTSORT:Manton, Martin 1880 births 1946 deaths 20th-century American lawyers Lawyers from New York City American people convicted of bribery Columbia Law School alumni Judges of the United States Court of Appeals for the Second Circuit Judges of the United States District Court for the Southern District of New York United States court of appeals judges appointed by Woodrow Wilson United States district court judges appointed by Woodrow Wilson