Los Angeles daily herald., 1889-03-05
UNCHANGED.
Judge Ross Stands by His
Previous Order.
MIR. CUpDY's CONTEMPT IN COURT
Hippolyte GOujOn Sentenced for
Smuggling Cigars Over the
Mexican Line.

Yesterday morning at IL O'Clock,
Hippolyte Goujon appeared before Judge
Ross, of the United States District Court,
for sentence. He had been convicted OF
smuggling 800 cigars from Tia Juana,
Mexico. Prior to the passing of the SEN
tence, counsel for the defendant asked
the Court TO be lenient with his client.
Judge Ross then pronounced sentence
as follows:
sit appears from the evidence in this
case, that you live at a place called Tia
Juana, which has about 100 inhabitants.
1t is clear that you were guilty of the
crime charged in the Indictment. 1t also
appears that upon land owned by you
there is a large warehouse, in which
cigars are stored, owned by one Sabine,
who few days ago attempted to bribe a
witness in your behalf. The wants of a
town of 100 people for cigars required no
storehouse. The cigars stored therein
were evidently intended to be smuggled
into the United States. The statutes
prescribe that for the offense of which
you have been adjudged guilty, you shall
be punished by not more than s. 900 fine
or not more than two years. imprison-
ment. Inasmuch as the jury has recon-
mended clemency, it is the decree of this
Court that you be imprisoned for period
of six months in the Los Angeles county
Jail, and pay fine OF $500"
THE CUDDY CASE.
The next on the calendar was the ap-
plication of Messrs. Mitchell, Knott and
7. B. Brown to set aside or modify the
order OF the court in the matter of the
sentence for contempt of SQUIRT of L. j..
Cuddy on the following grounds
That the court erred in iasuing the ci-
tation, the alleged contempt having been
committed out of the presence of the
court.
That the court erred in allowing the
cross-exomination by the United States
attorney of the respondent, T. J. Cuddy.
That the offence charged being crime
against the United States, the court erred
in holding respondent for contempt, the
offence being an indictable offence under
the laws of the United States and the
court being one OF inferior jurisdiction.
Major Mitchell for Mr. Ouddy argued
on the first ground that the act for which
Mr.. Cuddy had been punished had taken
place outside the Court, and not accord
ing to the law in the face and presence
of the Court. He produced number of
opinions on the subject to sustain his
point. District Attorney Denis argued
that the attempt to influence an officer of
the Court, and a Juror was for the time
an officer of the Court, was contempt of
Court as much as if it had been
been committed in the court room. He
produced several authorities to sustain
his position. The other points we're az
gued by the attorneys for both sides, and
Judge Ross, in denying the motion, said :
"The Court is very clear in this matter.
But few days ago an interested party
attempted to bribe witness in the very
corridor of the courtroom. If the Court
has not the power to protect itself and
punish these flagrant violators, it might
as well be abolished, as far as the impair
tial administration of justice is con-
cerned. The motion is denied" Counsel
for defendant took an exception to the
ruling, and the Court adjourned.