The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1875-12-08

struction, and that the reader can
draw at his leisure. On Tuesday next,
after several cases have been disposed of,
Columbus will quietly unbuckle the chan
celloris ermine and let 1t trail on the CON-
genial ground, end Allen w. Prather will re-
tire sgsin TO that obscurity from which he
was called without the slightest provoca-
tion.
THE FORENOON'S PROCEEDINGS.
THE DEFENSE MAKE MOTION TO DISMISS
PROCEEDINGS, WHICH MOTION Is ARGUED
UNTIL THE NOON ADJoURNMENT-AUTHoR-
ITIEs CITED by THE PROSECUTION.
Mr. Howe-At this stage of the proceed
ings il Is for the court to determine whether
or not there has been sufficient answer to
the rule to show cause why the defendants
should not be attached. II the court should
be of opinion that the defendants have
fully purged themselves of the alleged con-
tempt, it would so find aud discharge the
defendants, and that would be the end of
the matter. II, however, the court should
deem that sufficient Gauss had not been
shown why the defendants should not be
attached, then the practice would be to
make the rule absolute. aud issue its order
to attach the defendants and cause them o
be brought personally into court to show
swers to interrogstions otherwise,
why they should not be fined for
the alleged contempt. When the proceed
| ings should have reached that stage the
court could 60 no further unless the defend
ants were personally present in court.
There is q statute providing that in some
| cases (misdemeanors) the court may infiict
the penalty in the absence of the defendant
| by having some responsible person present
to 5 aud good for the fine. But in attach
l. l,alG fhnl lnco
ant mus. be personally present
when the court propounces final judgment.
L suggest at the present time I don't know
whether il will be met by the appreciation
of the gentlemen on the other side) that we
go on and present the case as it now stands
upon the afidavit upon which it is based,
together with the affidavits OF the defendant,
| as to whether sufficient cause has been
shown why the defendant should not be
attached. We can do that much. After
| sons were personally present in court. II
not, the only course for the court to pursue
would be to send writ of attachment and
| endeavor to bring them here.
MR.. WINTERS RESPONSE.
Mr.. Winter-As the gentleman suggest if
the court decides as to whether or not the
return is sufficient and purges them of
contempt, suppose TIE motion is sustained
and that is the end of the matter. Bat if
the return is deemed insufficient, and the
court desires TO take further proceedings,
then the question will arise as to the manner
| in which we will proceed. In this motion
we filed we declined to make any other an|
swer, and we propose to stand upon it, with
out any further answer, whether interroga-
tsries are put or not. We think the return
is amply sufficient to purge these defendants
of any contempt of court and have mado it
in good faith. Then Judge Jordan read
THE DEFENDANTS REPLY.
For separate answer and return to the rule
TO show cause herein said Lucien g. Matthews
says he is now and was on the 2lst day OF No.
vember, 1875, in charge generally manager OF
the publication of the indianapolis Daily
Sentinel; that the article published in the issue
which a copy is filed with the affidavit herein,
was prepared by Robert j. l.. Matthews. AT
he O er d4a e
indirectly, to influence or prejudice
the trial rnaidno the ea1se ns 9f oros the
to prejudice the citizens of said county or state
against said Jones his de .ense in said cause
or to bring him or his said defense into odium
or disrepute. On the contrary, affiant says thst
any such intent was expressly disclaimed by the
affidavit to-wit: "The matter, however, that
awakens attention In this case Is not the person
future investigation, and the sentinel does not
wish 10 prejudice case pending the processes of
law, that shall determine the guilt or innocence
OF the defendant" Affiant further expressly
sad sae Il Sr By By Tine
bring the Bartholomew Circuit Court or Its au-
tempt ,ustss n inte5rGP5 asg5 0Psr, the due
ceedings OF said court. On the contrary, when
SAID article was published 1t was supposed in
from information received by them aud which
they believed in good latin to be true, that said
Pratner was not then and had not been presiding
a n 81 At hTf hat he hoo hraf1
merely appointed to hear the application
of said Jones to be admitted TO bail
the regular judge to hear said appiication by
reason of his relationship to said Jones, and that
his connection with said court had ceased when
said application was disposed of. Affiant says
that as he is advised and believes to be the
said cause of the state of Indiana against Dick
Jones, mentioned In said article, ana in said af-
fldayit,was NOT when said article was published,
bending in SAD BarthoIomeW Circuit Coupt hSW but
that said cause was heretofore tOwit, on the 18th
day of November, 1875, sent by change of venue
same is now and was when said pub icst on was
made and said affidavit filed, pending, Affiant
a 4es that Sss i ntended by said
proceedings or authority of said Bartholomew
circuit Court rs court. Afiant further denies
that said article does, or was intended to reflect
o5r 10 any ~ way % upon The conduct as Judge OF said
indee of said Bastbooew Trcnit cnn onrt
or that the same tends, or was Intended
TO bring said Hester into odiuni or
a
him any corrupt motives or actions in the an
peintment Of said Prather, or in spy action
taken by him as judge of said court IN said case
OF the state vs. Jones, or in any other matter or
lnlng pending in said court. On the contrary |
he says that when said article was published he |
and oil other persons connected with its publi- |
cation were entirely Ignorant that said Hester |
had himself appointed said
PRATHER TO PRESIDE
in said court, and had no reason to be',eva tho,
such appointment had not been NJ <ae Inv the
county onicers' OF oy ssreemer-e of the attor-
tending to impute to saiIl Hastar an tc,nroner
conduct In SAID cause, atnant saws ,bat said
article as set ou. IN said tnfor,Dation i'm COM
menoation u said Hester's course, contains a
s'ale snt that said Hester, when said cause