On review of the record, we find that the trial judge erred in not recusing himself upon motion by petitioner. Certain statements made by the judge were sufficient to create at least a fear of bias in future proceedings.

Because we feel that the judge will re-cuse himself upon receipt of this order, we decline to issue the writ at this time.

concurring specially.

While I concur with the majority, I write to say that the record presented for our review was obviously a minute portion of the entire record; thus while it supports our action perhaps the entire record may have led to a different result. I hasten to add that it should not be expected of opposing counsel in the underlying case to send up all of the record at his expense, when apparently a large transcript of proceedings would have been required and expensive. So, it is with little knowledge of the *1280facts here, but with considerable knowledge of the fairness and ability of the trial judge that I am compelled to reluctantly concur.