The sun. [volume] (Morris, Stevens County, Minn.) 1882-1895, 1885-09-24
A Lawyer Jailed by u Judge.

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 ofthe bar. Acorrespondent 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
self-defense and when re ssting 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
.ired by Luffsey and companions. Martin
Nadsworth testified regarding O'Donnefs
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 ii
he was the Wadsworth who had
accompanied Wannegan to visit De Mores
mail. 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 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
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:
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. He 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
formly, during the whole trial, sought
to tie the hands OF the prosecution and
openly aided the defense; that the court had
shown by its action in this case that it had
determined to aid in the aequittal OF the de-
fendant, and that the court W. ould not leave
Il stone unturned in the accomplishment OF
such acquittal; that the court throughout
had shown Il 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 the
use of the gavel 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 land
he was taken to the Jail building. The
court then took recess to p. m.
During the recess dinner was sent to Long
from the Sheridan house with Il 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:
L have done nothing to regret. 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. / have
no apology to make and will make none.
l 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.
Senator Sabin's Talk at Washington.
Senator Sabin OF Minnesota arrived in
Washington, and in reply to an inquiry as
to his errand here said he had come to Sc
cure a house for the session.
ut has been published that you have writ
ten a letter to the president pledging your
support to him in the confirmation OF his
appointments"
81 saw such a publication, but that was
the first knew of the matter. Ihave written
no such letter to the president nor any one
and never thought Of doingso. There is no
foundation whatever for the report. Ihave
never had it intimated by the president or
any one OF his friends that my support was
either needed or desired. My attitude in this
matter is no secret, however"
"How do you stand?"
81 believe the president, as 1 have fire.
quently stated puplicly, is thoroughly
honest and desires to give the country a
good administration, and ought to have a
fair and unfettered opportunity to do so.
1t is conceded that be has right to appoint
his political sympathizers to Office, and 1
will vote to confirm them when they are
shown to be fit for the places to which they
are selected, where they are appointed on
fair political grounds without detriment to |
the public interests, and without smiring :
the regulations OF the Republican officials !.
who have preceded them. But where it is
shown that Republicans have been removed |
to the damage Of the public service, and up |
on false charges which have injured their /
good names, shall do my part to secure
for them the fullest opportunity for vindi-
cation"