Federal Judge David Westenhaven in Debs on Violating the Sedition Act

Basic Information

Name: David Westenhaven

Nicknames: Judge Dave, Davie Boy, J.D.

Born: July 13, 1865

Died: July 29, 1928

Nationality: American

Hometown: Berkeley County, West Virginia

WORK & EDUCATION

Occupation: Federal Court Judge

Education: Georgetown University Law School, L.L.B.

FAMILY & FRIENDS

Parents: Unavailable information

Siblings: Unavailable information

Spouse: Mary C. Paul

Children: Edward P. Westenhaven

Friends: Secretary of War Newton Baker

Foes: Left-wing groups that opposed the war


Analysis

The Judge Dropped the Hammer on Debs

Judge Westenhaven was a Woodrow Wilson appointee to the Federal bench…and a great friend to the Secretary of War. Hey, it's not what you know; it's who you know.

And with friends like that, he was clearly going to support the Wilson Administration's worry about undermining the war effort. He threw a hissy fit at the beginning of the trial when many of Debs' Socialist buddies were applauding and booing, having several arrested.

Strangely, once Debs openly confessed in his early testimony, Judge Westenhaven allowed Debs a lot of latitude in going on and on about his Socialist beliefs and criticism of the government. Then, when it came to sentencing, he imposed a stiff sentence of ten years and admitted how much be blamed Debs for trying to lead young men to oppose the war. He lectured Debs as he passed the sentence:

[…] Anyone who obstructs the recruiting service does as much injury and wrong to our country as if he were a soldier in the ranks of the German army. (Source: Freedberg, Ernest, Democracy's Prisoner, 2008)

Hmm. Not terribly sure that that's watertight logic there, Westenhaven. But you're definitely putting the "Judge" in "Judgey McJudgerson."