Los Angeles daily herald. [microfilm reel] (Los Angeles [Calif.]) 1884-1890, 1886-04-20
MAJOR BELIis CONTEMPT.
FINED $500 with Five Days IN
mil.

I
Giles published in his paper. The do
mand for trial by jury was denied and
the defendant was condemned to pay a
fine of S4OO and to be committed to the
county Jail for five days. If the fines
are not paid he gets one day in jail for
each dollar Of fine. With the $500 pre-
yiously imposed this makes 500 and Eve
days in jail, or 7O5 days in jail. Follow
ing is Judge Cheney's judgment;
A warrant Of attachment having here
tofore issuen out of this court against
the defendant and respondent, Horace
Bell, for his contempt, alleged and
charged in certain affidavit of q. Wi.
lev Wells ON file in said court, said atii-
davit being numbered 1887, and filed on
the 18th day of April, 1886, charging
said Horace Bell for publishing in a
newspaper called the Psrcupine, for the
purpose and with the intent to hinder,
DELAY and obstruct the due administra.
ton of Justice in said court, and par
ticularly Ia certain causes pending in
said court In which said Bell was and is
defendant, and to intimidate the Judge
of said court; and the said Horace Bell
having appeared personally before said
court upon the l4th day of April. 1885,
and moved the court that the rule here
in be discharged, the proceedings dis
missed and he be discharged from Gus
tody; and said motion having been de-
MED and the said Horace Bell having,
by due and proper orders OF the court,
been allowed until Saturday, the 18th
day of April. A. d. 1856, at 10 o'clock
A, M. OF said day, to answer to the affi-
davit on file in said court alleging and
charging said contempt; and said
Horace Bell, having upon said
18th day of April. A. d. 1886,
appeared personally before said Court,
and filed and read his answer thereto to
said aft davit, and the Court having taken
the matter under adyisement until Mon
day, the 10th day OF April, A. ID. 1886.
ut 10 o'clock A. M, on the same day.
Now, therefore, on said 10Th Jay OF
April A. d. 1886, said Horace Bell being
in person present before said Court, it
appearing to the Court from said affidavit
on file herein, numbered 4937, and filed
ON the 18th day of April, 1886, and sworn
to and subscribed by G.. Wiley Wells, and
from the answer of defendant and re-
spondent, said Horace Bell lsaid answer
being on file in said court), that the said
Horace Bell is guilty of contempt Of court
alleged against him; that said Horace
Bell admits the publication by him, said
Horace Bell, OF the articles SO alleged TO
have been published in the Porcupine, q
newspaper published in Los Angeles city,
Los Angeles county, State of California,
in the issue of the Sd day of April, A. d.
1886; that in said article so published
the said Horace Bell did charge the Judge
of this court, William A. Cheney, with
having maliciously made ruling against
him, the said Horace Bell, in court, in
an action then pending before said Court,
| in which said action the said Horace
Bell was defendant and the People of
the State of California plaintiffs; and
also that said Horace Bell did charge
that said aforesaid Judge, William A.
Cheney, did so maliciously rule against
said Bell because said Horace Bell had
published his 1.-THE said Judge's) infamy
in "standing in" in the Miles case. a case
heretofore pending and decided in said
court, and for his 1.-THE said Judge's)
part in sending tifteen-year-old boy to
the penitentiary--thereby intending to
hinder, delay and obstruct the due adj
ministi alton of justice, and to intimidate
said Judge OF said Court, and attempt
ing to intimidate the Judge of said Court
Judge; and it further appearing TO the
Court that said Horace Bell did in said
articles-more especially in that certain
one entitled willie and George
grossly insult the said Court and Judge
thereof, charging that said Judge was
the iraseible and eccentric gentle
man who administered the make
believe law in Department One of the
| Superior Court of this county, and other
contemptuous language, and did there
in direct language, threaten to publish
| further articles of said Court, thereby
attempting to intimidate the Judge of
said Court in the discharge of his duties
rs said Judge; and it further appearing
| by said articles that said Horace Bell
did also attempt to intimidate George
M. Holton, the District Attorney of said
Court, in the discharge of his duty as an
officer of said court, by alleging therein
that said Holton prosecuted him (the
said Horace Belly maliciously, because
he 1.-THE said Bell) had publ he'd certain
articles in said Porcupine, Charging said
Holton with malfeasance in office, and
threatening to publish further articles
about said Holton; and it appearing to
the Court that at the time of the pub
| LEGATION of said articles the said Horace
Bell was and now is, member OF the
bar of Los Angeles county, and was at
said time, and now is, a defend
ant before said court upon two sep
arate informations, charging him, the
said Bell, with misdemeanor, viz;
Libel. And it appearing to the Court,
from the affidavit and answer herein
before mentioned, that said Horace Bell
is guilty of the contempt of court
alleged against him, he is hereby adj
Judged guilty of contempt of court.
And it is ordered, adjudged and de.
creed that fine of four hundred dollars
be, and the same is hereby imposed
upon the said Horace Bell; and in ease
said fine be not paid, then the defendant
to be punished by imprisonment in the
county Jail OF the county OF Los Angeles,
in the State of California, until the line
be duly satisfied in the proportion OF
one days imprisonment for every dollar
of the line, and on payment of such por-
ton of said fine as shall not have been
satisfied by imprisonment ut the rate
above prescribed, the defendant shall be
discharged from custody on said fine.
And that in addition there to, TO said
fine, that said Horace Bell be imprisoned
in the county Jail of Los Angeles county,
State of California, for the period of five
days.
Whereupon the defendant was re.
manded TO the custody OF the Sheriff Of
Los Angeles county.
April 10, 1856
igned) WIN. A. CHENEY,
Judge Superior Court Los Angeles County
OFFICE or THE COUNTY CLERK
Or THE COUNTY OF Los ANGELES. !
! |, c. II. Dunsmoor, County Clerk of
County OF Los Angeles aud ex-otlicio
Clerk of the Superior Court thereof, do
hereby certify the foregoing to be a true
and correct copy of the judgment duly
made, entered on the minutes of the
Superior Court in the above entitled
action, and that | have compared the
same with the original, that the same is
a correct transcript therefrom and OF the
whole thereof.
Attest my hand and the seal of the said
Superior Court, this 18th day of April,
1856. G.. II. DUNsMOoR, Clerk.
BY T. IL. WARD, Deputy Clerk.
About half an hour after the sentence
was passed, a writ of habeas corpus
(making the second one) was sued out
before Judge Brunson. made retunable
on Monday, April 2Gth, at P, N.
At two o'clock yesterday afternoon
the first writ of habeas corpus was heard
before Judge Brunson, With the con.
sent of counsel for both sides the hear.
ing of this first writ was set for next
Monday at the same time of the hearing
of the second writ. In the meantime it
would give the defendant time to get a
writ before the Supreme Court by
whom the matter will have to be adiudi-
Gated finally. Whichever way he
might now decide would not be final
II he remanded the prisoner the fine