Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1885-09-24
A Lawyer Jailed by = Jadse.

At the trial OF the Marquis de Mores In
Bismarck, "A remarkable incident occurred
which illustrates the hostile feeling existing
between Judge Francis and some Of the
members Oithe bar AcorTespondent says:
Several witnesses had been examined
Irvine kiniey and Frank Picket testified TO
Having heard Luifsey and companions
threaten DE Mores' life. Justice Marx Bate
man testified concerning the examination in
his court and his discharge OF DE Mores
on the ground that Lufisey was killed ia
I self zlefeffse and whcmrsfsting arrest How
ard Eaton testified that be was sent by De
Morea to meet Sheriff Harmon, warn him
I that the LuIisey party would resiht arrest,
and advise him that De Mores and party
would prevent their leaving town. Thomas
Cafrutbets, who WIS with DE Mores party
but sonie distance away from the place
where the firing began, testified thathe saw
smoke iron the First shots, aud they were
Nred by Lunssy and companions. Martin
Wordsworth testified regarding 0'DoHnel's
quarrel with DE Mores. This witness had
been dismissed when Prosecuting Attor.
ney Long of Mandan called him TO
his side, aud privately asked him II
| he Was the Wadsworth who had
accompanied WannegaR TO visit DE Mores
irfiail. Being answered yes, Long then asked
10 be permitted TO place Wadsworth again
on4the stand. Objection was made, and the
court ruled that the witness could not be
plneed on the stand again unless he was
called a. a witness Tor the prosecution.
Long undertook 10 state what he intend
ed To prove, and was called to order, and
ordered 10 take his seat, but continued
speaking, when the judge vigorously used
his glyei and threatened TO commit him
for contempt. In the course ofhis remarks
Long advanced close to the judge, and ges-
turing with his right hand near TO the
judges face, said
lie cam here unwiliingly to perform oil.
cial duty. lie had no feeling in the case
He only desired 10 see fair and impartial
trial. lie appeared as subordinate oil.
Ger 81 the court. and was here to assist in
the enforcement oi substantial justice; that
instead ~ the cont . tending to him the
aid and support which ne was entitled UNI
der the law 10 expect, the court had val
lormly, during the whole trial, sought
10 tie the bands OF the prosecution and
openly aided the defense; that the court had
shown by its action ia this case that il had
determined TO aid in theacquittal Of the de
PENDANT, and that the court wouldnot leave
a stone unturned in the Accomplishment OF
such acquittal; that the court throughout
had,shown a most marked feeling in Iayor
Of the defendant and against the prosecu.
tion; that the court had sought at every
point to embarrass the prosecution and to
aid in the acquittal oi the defendant.
Daring all this time and for some time
after, while Long was stil talking, Judge
Francis endeavored 20 silence him by the
use 81 tire gavei and by threats TO commit
him for contempt, but Long dared heiudge
to commit him and talked himself out,
when the judge ordered him in custody and
he was taken TO the iail building. The
court then took n recess to 2 p. M.
During the recess dinner was sent To Long
from the Sheridan house with message to
the effect that an apology for his conduct
would be accepted and il need not he abject
but he must expect the court TO preserve its
dignity at all hazards. iniail Long saidto
a correspondent .. W. .....
/ have done nothing to regret. Ihave
only tried to perform an official duty, and
in the performance of that Judge Francis
has abused me personally and msulted Ine
repeatedly professionally. shall stay here
until am ordered out. Twill ask no fi,vors
or concession, ana will grant none. have
no apology to make, and win make none.
maintain that Judge Francis acted in a
manner unbeeoming the office OF Judge,
and provoked me TO say all that was said,
When the court opened Mt 2 p. M, Long
was broasht in nnd refused to apologize.