Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1888-01-23
MAI, EDWARDS IN COURT.

fHe APPEARS to Answer to the Charge
of Coufempr-A Case Winch Promises
TO Rival the Hurontte Contempt suit.
Fargo, Daa,, Jan. 20-ID obey ance OF
the order issued yesterday by Judge
Mcdonnell, citing Maj Edwards to
appear and show cause why he should
not be held for contempt, tne major and
his attorneys were gu hand at the des-
lgna;ed nonr. rne oanrt room was
crowded with spectators, nearly eysrs
attorney In the city being present. Mr..
IwooEe y, one of tbs counsel Tor The
major, opened the case with q motion to
quash the information and dismiss the
erder on the ground that the allegations
were not sufficient to hold the defendant
for contempt, as the ptterances com
planned of were made after the grand
Jury had returned the Indictment. The
district attorney held that the finding of
the Indictment was merely q preliminary
step, aud that the case was still pending,
Judge Mcdonnell, who is a personal
friend OF Maj. Edwards, among other
things SAID:
1 desire to say that l feel very much
embarrassed in this proceeding, but,
Notwithstanding, whatever emhsrrass-
meut may feel in the matter growing
out OF the friendly relationship existing
between Maj Edwards and myself, l feel
That when | am sitting here ss tue court
that the court is different from the. indi-
vIdnal; that l. am not here as an indlyi-
duas, but as the court; that l am not
here to express in any way my ind,yl-
duality; otherwise it would not be the
court. l owe 1t to myself to resign for
soma 0thpr pprGnN nhn oon L.
dignity. OF the court, when a case
comes up if there ere snoh reasons that
| feel l cannot do justice l must either
resign or refer the case to some other
Judge to hear. l have not fully made
up my mind but all these proceedipas
Will be referred to some other Judge
upon the question as to an individual
having been indicted instead of q cor
poration. III the charges made in the
ArguR sre,true they ought to be inuuir.
ed into. Ii they are not true, but pub
lished with malice, then the person max.
ing them ought to be held responsible
for tn m. The courts always presume,
and that Is the basis upon which I act
that the DISTRICT attorney and Jurors
have done their duty.
When the major arose to ask the in
dulgence of the court 1t was az il q
hundred pound bomb had been exploded
In the midst of the audience.
After the demonstrations had some
what subsidized Mai. Edwards said:
l would like to say to the court that
30 lar as l am concerned there never was
any intention on my part at any time, or
under an circumstances, to convey or
show any contempt for the court. There
has never been any malice in anything
that have been charged with doing, SO
far as l am concerned. / cay to the court
and to this assembly IN an man uasds
rnu l can su~bstaDtIate 1t, and it was SO
published IN thv Argus, that this grand |
Jury have traficked and traded with tbs
bnsiness of the grand jury and have
done things that they were rot permitted
by law to do and the attention of the CO.
ordinate branch and branches of this
court was called to that fact as much as
1t could be made by the publications ap.
pearin g in the Argus. / do not see how
the &C coordinate branches OF this court
take for granted, if you will indulge me,
that eighteen men of the grand Jury
were better than a man who said that Ifl
you will call upon me for the evidence I
will give 1t to you. 1 HAYS been prepar.
cd from the fret to stand by the record
that made, that grand Jurors have
trefficb ed. and ! think 1t was the duty of
the territory OF Dakota, represented by |
the district attorney, to have at least
made inquiry into thst fact. If I can
mot establish it, then, sir I am here be-
fore shis court for the purpose of &C.
cepting its Judgment.
1t is generally considered among lead
ing attorneys chat the Judge will refer
the whole matter back to the district
attorney with instructions that useless
he can prefer specific charges against
the defendant, he will have to sustain
the defendants motion, which will
necessitate the adjournment of the ease
until next week. Matters are assuming
aggressive proportions among the
friend and enemles of both parties, and
the case promises to outrival the recent
Huronite contempt case.
- EatE