Los Angeles daily herald. [microfilm reel] (Los Angeles [Calif.]) 1884-1890, 1886-04-15
CONTEMPT OF COURT.
Judge cheney Pines Major HOr-
ace He'll $500 for the offence.

Judge Cheney Fines Major haor-
ace He'll $500 for the offence.
Pursuan. to an order Of the court, at
10 a. NJ. yesterday, Major Horace Bell
appeared before Judge Cheney to show
cause why he should not be punished
for contempt of court in certain articles
published in the Majors hebdomedal
from time to time. The Major argued
his own case. During the argument the
court once or twice warned the speaker
not to commit contempt again. All
went well until at certain point the
Major referred to heGregory deposition
In the Baldwin.Perkins case. Com.
menting on this the speaker charged
that Mar. Baldwins attorney had pro
cured its publication. He went on tc
shy that the publication was made &c
fofestall and prejudice public opinion in
case then pending before the court
and asked, "Why has not this contempt
been punished? adding; "But | notice
these bringing fellows never are fined fol
contempt At tins point the court in
terrupted the speaker and with all due
formaity, ordered the clerk to enter a
fine of 500 against the attorney for con.
tempt Of court in theutterance just made.
rns done, MINOR Bell proceeded with
hls argument, and taking up the aida
Wit read copiously from the excerpts
taken from his paper on which the
charge was based, and keeping up a
running comment as he read. He said:
81 do not see how these publications in.
terfered with the freedom Of the Court
in the discharge of his functions. He
went to his house and came from it. He
came mp stairs and went down. He sat
ON his bench, heard arguments, impan.
elled iuries, made orders and imposed
fines for imaginary contempt. Here
the Court again interrupted the attorney
and ordered second fine of 500 for
contempt in the words just cited.
Taking up the thread of his argu-
ment again, the Major read certain fur
ther extracts from the affidavit, amongst
which was an article referring to the
District Attorney as George" and the
Court as willie In arguing that
there was no contempt in this pub
LEGATION the speaker said he
had been taught to use the familiar
term George" by the Court. That the
Court was the only person he ever heard
address the attorney by that endearlng
appellation, and: THAT he never heard
him use the name until after the Pomo-
ma episode. This remark caused the
Court to impose a third fine of 500.
For the information of such as may not
have read the articles referred to, it
may be remarked that the Pomona
episode" meant certain comments made
upon the sentence of four or five years
Imprisonment imposed on boy from that
place for arson, in which the idea was
that the District Attorney had in that
case been guilty of something like com
pounding felony.
This ended the fines, but in further
discussing the case Major Bell referred
to certain persons in this city, among
whom were q firm of attorneys recently
here from Arizona. This brought one
of them, ex.Judge Fitzgerald, to the
floor, who said to the Court: 81 will
not allow this man to refer to me In any
way" The Major said: "Well, | may
be in hostile crowd. l do not
known--Judge Fitzgerald here in.
terruptingly said mo, cir ! | want
no crowd. am sufficient for
you and dozen like you" The
Court called both the attorneys to order
and instructed Major Bell to go ON with
his argument and to be careful to avoid
all personalities.
During the whole debate all the par.
ties principal to the affair were remark
ably collected anti self.controlled, all
things considered. TheMaior was given
until to-day at l0A. NJ. to answer, and
during that time was recommended to
the custody of the Sheriff. Later an
affidavit was filed and the case taken be.
fore the Supreme Court on writ OF
habeas corpus. That tribunal, which is
now in session, ADM ted the prisoner to
bail in $500 and set Friday morning next
to hear the case on the writ of habeas
corpus. Major Bell deposited with the
officers certified check for $500 and
was at once released from custody.