New Ulm weekly review. [volume] (New Ulm, Minn.) 1878-1892, 1885-09-23
kTonyer Jailed bya Judge.

at stheJszal Of the Marquis de Moreain
Bismarcksa remarkable incident occurfed
which illustrates the hostile feeling existing
between Judge Francis and Soma Of tile
members ofthe bar. Acorrespondents says:
Several witnesses had been examined.
Irvine Kinley and Frank Pocket testified to
having heard Luffsey and companions
threaten De Mores' life. Justice Mark Bate
man testified concerning the examinat ton in
his court and his discharge of De Mores
on the ground that Luffsey was killed in
sell defense and when esisting arrest. How
ard Eaton testified that he was sent by De
Mores to meet Sheriff Harmon, warn him
that the Luffsey party would resist arrest,
and 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 they were
fired by Luffsey and companions. Martin
Wadsworth testified regarding O'Donn els
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
injail. 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 be
placed on the stand again unless he was
called as a witness for the prosecution.
Long undertook to state what he intend
ed 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 ges-
turing with his right hand near to the
judges face, said
He came here unwillingly to perform Off
.cial duty. He had no feeling in the case
He only desired to see fair and impartial
trial. DE appeared as 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
formly, during the whole trial, sought
to tie the hands of the prosecution and
openly aided the defense; that the court had
shown by it's action in this case that it had
determined to aid in the acquittal OF the de-
fendant, and that the court would not leave
a stone unturned in the accomplishment OF
such acquittal; that the court throughout
had shown a most marked feeling in favor
VI iIhe delenOanJ ana 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 the
use OF the gavel and by threats to commit
him for contempt, butLong dared heiudge
to commit him and talked himself out,
when the judge ordered him in custody land
he was taken to the Jail building The
court then took a recess to 2 p. m.
During therecess dinner was sent to Long
from the Sheridan house with message to
the effect that an apology for his conduct
would be accepted and itneed not be abject,
but he must expect the court to preserve its
dignity at all hazards. In jail Long said to
a correspondent:
have done nothing to regret. I have
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 l have
no apology to make. and will make none
maintain that Judge Francis acted in a
manner unbecoming the office OF Judge,
and provoked me to say all that was said.
When the court opened at p. M, Long
was brought in and refused to apologize