The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1885-09-24
A Lawyer Jailed By . Jrd...

At the trial OF the Marquis do Nores in
Bismarck, a remarkable incident occurred
which illustrates the hostile feeling existing
between Judge Francis and sonce OF the
members ofthe bar. A correspondent saws:
Several witnesses had been examined.
IRVINE kniey and Frank Pocket testified to
having heard Luffsey and COMPANIONS
threaten De Mores' life. Justice Marx Bate.
man testified concerning the examination in
his court and his discharge OF Do Mores
on the ground that Luffsey was killed in
selEdefense and when resisting arrest. HOW.
ard Eaton testified that he was sent bv DE-
Mores to meet Sheriff Harmon, warn him
that the Luffsey party would resist arrest.
ana advise him that De Mores and party
would prevent their leaving town Thomas
Carruthers, who was with De Mores' party
but some distance away from the place
where the firing began, testified that he saw
smoke from the first shots, and thev were
hred by Lufisey and companions. Martin
Wadsworth testified regarding ODonnel's
quarrel with De Mores. This witness had
been dismissed, when Prosecuting Attor.
ney Long OF Mandan called him to
his side, and privately asked him if
he was the Wadsworth who had
accompanied Wannegan to visit De Mores
Jail. Being answered yes, Long then asked
to be permitted to place WadsWorth again
on the stand. Objection was made, and the
court ruled that the witness could not he
placed on the stand again unless he was
called as Il witness for the prosecution.
Long undertook to state what he intend
cd to prove, and was called to order, and
ordered to take his seat, but continued
speaking, when the Judge vigorously used
his gavel, and threatened to commit him
Tor contempt. In the course ofhis remarks
Long advanced close to the Judge, and ces-
turing with his right hand near tn the
judges face, said:
lie cam here unwillingly to perform Off
c!hi duty: lie had no feeling in the case
ne only desired to see a fair and impartial
trlal. lie appeared as a subordinate Off.
Ger OF the court. and was here to assist in
the enforcement OF substantial justice; that
instead OF the court extending to him the
aid and support which he was entitled un-
der the law to expect, the court had uni
iormiy, during the whole trial, sought
to tie the hands OF the prosecution and
openly aided the defense; that the curt had
shown by it's action in this case that it had
determined to aid in the acquittal OF the de-
1endint. and that the court W ould not leave
stone unturned in the accomplishment of
such acquittal; that the court throughout
had shown II most marked feeling in favor
OF the defendant and against the prosecu-
ton; that the court had sought at every
point to embarrass the prosecution and to
aid in the acquittal OF the defendant.
During all this time and for some time
after, while Long was still talking Judge
Francis endeavored to silence him by tie
use OF the gsavel and by threats to commit
him for contempt, but Long dared the judge
to commit him and talked himself out.
when the judge ordered him in custody and
he was ia ken TO the Jail building. The
court then took a recess to p. m.
During the recess dinner was sent to Long
from the Sheridan house with a message to
the effect that an apology for his conduct
would be accepted and it need not be abject,
but he must expect the court to preserve it's
dignity at all hazards. Injail Long said to
a correspondent:
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 insulted me
repeatedly professionally. Ishall stay here
until am ordered out. Twill ask no favors
or concession, and will grant none. have
no apology to make, and will make none.
maintain that Judge Francis acted in a
manner unbecoming the Office OF a Judge,
and provoked me to say all that was said
When the court opened at D. H., Long
was brought in and refused to apologize.