Charles J. Harkrader, a member of the Senate of Virginia and publisher of the Bristol Herald Courier made this White House discussion public in March 1938.

"[6] As of February 6, 1939, the day of the Senate vote, "Judge Roberts was now out of a job, and the administration was seen as having suffered a stunning political defeat.

"[3] The day after the Senate vote, Roosevelt wrote and made public a lengthy letter to Roberts, declaring his thanks for "the honorable, efficient, and in every way praiseworthy service that you have rendered to the people of the United States in general and to the people of the Western District of Virginia in particular" and that "not one single person who has opposed your confirmation has lifted his voice in any shape, manner or form against your personal integrity and ability.

"[13] Roosevelt solved the problem of filling the judgeship by naming the dean of the University of Virginia Law School, Armistead Mason Dobie, then state court judge Alfred D. Barksdale, to the position.

Roberts returned to private practice in Bristol, and litigated cases as counsel before his successors as judge in both state and federal court.

[citation needed] A portrait of Judge Roberts hangs in the courtroom of the Circuit Court for the City of Bristol.