Los Angeles daily herald., 1889-02-14
Mr.. T. j. Cuddy Sentenced to
Six Months Imprisonment.
THE PROCEEDINGS IN COURT.
Testimony in Relation to the Charge
Against the Secretary Of the
Wine Company.

many OF whom were frlends OF Mr. 1. y.
Cuddy, who was summoned to appear and
show cause why he should not be judged
guilty of contempt. Mr.. Cuddy had
arrived with his attorney, Mr.. I. B.
Brown, a few minutes before, and
occupied seat at one of the tables be-
fore the bench. After court had con-
vened. Judge Ross asked if there were
any motions.
Mr.. Grady of Fresno, one OF the attor-
news for Mr.. w. More Young, who is on
trial on q charge of making false
returns to the Revenue Department
of the United States, rose and
asked that the contempt proceedings
be continued until after the trial Of his
client had been concluded. He had read
. maliciously false account Of the pro-
ceedings on Tuesday in an evening
paper, and, judging from that, the &C.
counts of the proceedings of the con-
tempt matter might be exaggerated in
such manner as to influence the jury in
. manner prejudicial to the interests of
his client. Ii possible, he would prefer
that the contempt case should be con-
tinued 80 that there should be no danger
of any such an influence brought upon
the jurymen.
Judge Ross said that he did not be-
lieve that the jury could be influenced
by the contempt proceedings. The men
chosen to serve in the case were all good
men, and their opinion Of the guilt of
the defendant would be derived from the
testimony in the case. If q contempt
had been committed it should be deter
mined at once, and such matter was OF
the greatest importance and demanded
immediate attention. He therefore
ordered that the matter be heard at
once.
Mr.. Brown asked what section of the
statutes the proceeding was brought
under.
United States District Attorney read
section 725 of the revised statutes, which
Mr.. Brown said he could not see bore on
the case. Judge Ross decided that it
did, and Mr.. Brown, after taking an ex-
ception, entered general denial to the
charge of contempt.
Mr.. Robert McGarvin, the juror upon
whose statement the proceedings had
been instituted, was sworn. In response
to questions he said that on Monday he
had conversation with Mr.. Cuddy in
his office. Mr.. Cuddy had gone into his
office, and putting mis- nand on mis-
shoulder had said that he had friend
here from Fresno whom he would meet
in few days. Witness understood Mr..
Cuddy to say that the name of his friend
was w. More Young. Mr.. Cuddy said
that his friend was fine fellow, and as
he went away said that his friend ght
to be acquitted. Witness further testi-
fed that in reply to Mr.. Cuddy he had
said, THAT'S all right" but he did not
know what was meant. He did not
know then that w. More Young was
under indictment in the United States
Court.
There was no cross-examination, and
d. G. McGarvin, the son of tie first
witness, testified that he was present in
the Office when Mr.. Cuddy had gone in.
Hr. Cuddy had taken his father aside
and talked to him in low tone of voice.
This concluded the testimony for the
prosecution and Mr.. Brown moved that
the proceedings be dismissed on the
ground that no contempt had been COM
mitted. 1t had not been shown that
Mr.. Cuddy knew he was talking.to a
Juror when he talked to Mr.. McGarvin,
nor that any inducement had been Of
fered. There had been nothing brought
out to show that Mr.. Cuddy spoke to
him as q Juror or knew that he was a
juror. Judge Ross denied the motion to
dismiss.
Mr.. Cuddy then took the stand and
said that he knew Mr.. Young and he had
taken an interest in him, and had spok-
en- to great many persons about him,
He had taken occasion to say to a great
many persons that he thought Mr.. Young
was innocent. Mr.. McGarvin's statement
was true. He had talked to him about
Mr.. Young, but in the same manner as
he had talked to other prominent citi-
zens. When he talked to Mr.. McGarvin
he had no idea that he was juror, or
that he was committing an improperly
in talking to him. He had simply told
Mr.. McGarvin that he knew Mr.. Young
and that he was fine young man, with
no intention of interfering with the pro-
cess of the court.
In answer to questions upon cross-ex.
animation, Mr.. Cuddy said that he had
first met Mr.. Young during the campaign
last year, bnt that he did not know until
two or three days ago that he
was charged with any crime.
He had spoken to number of
persons the same as he did to Mr.. Nc
Garvin, among them Colonel Pearson,
Mr.. Dryden, Mr.. Harvey and many
others who came to his place Of business.
He had spoken of the matter just as the
subject occurred to him, because he be-
lieved Mr.. Young to be innocent. He
had told them 30 just as he had told the
Court that he believed it, and as ne
would have told the Judge if he had met
him.
Mr.. Brown called attention to the fact
that Mr.. Cuddy did not know that Mr..
McGarvin was juror, and that it was
DO contempt of court to express an
opinion to an outsider.
Judge Ross said that the very fact that
Mr.. Cuddy went to Mr.. McGarvin and
told him he would meet Young in few
days shows that he knew that he was
one of the term trial jurors likely to be
impaneled to try the case.
Judgment was ordered entered on the |
docket that, whereas, in the progress of
the trial of w. More Young upon the
examination of one Robert McGarvin, as
. trial juror, testimony was adduced
showing that he was approached by one
T. ], Cuddy with the intention on his
part with influencing said Juror, and the |
Court having fully considered said testi-
mony, does now find the fact to be that
said T. J. Cuddy did approach said
McGarvin with view Of Improperly in
fluencing him as juror, it is hereby