
    (June 16, 1939.)
    In the Matter of the Application of Horace W. Watts, Petitioner, against Ferdinand Pecora, a Justice of the Supreme Court of the State of New York, Respondent.
   Determination confirmed. No opinion.

Present — Martin, P. J., O’Malley, Townley, Untermyer and Dore, JJ.; Untermyer, J., dissents in opinion.

Untermyer, J.

(dissenting). Although many facts to which the petitioner testified are improbable and may not be true, his testimony was not the equivalent of contumacious and unlawful refusal * * * to answer any legal and proper interrogatory,” which, together with the other acts enumerated in section 750 of the Judiciary Law, “ and no others,” constitute a criminal contempt of court.

The order adjudicating the petitioner guilty of contempt should be annulled and the petitioner discharged.  