The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-11-16
TARBEL In CONTEMPT.
He Is Cited to Appear Before
Judge Lichtenberg.
COLONEL LEWIS APOLOGIES.
He Gracefully Admits That He wrongsd
the Court-sneIl's rroubles-
New Cases-Blottsr.


A scene somewhat out Of the regular
court proceedings occurred in Judge Lich-
tenberg's court at the conclusion of the
morning hour yesterday, when Mr.. James
Hamilton Lewis, one Of the attorneys of
the court, requested few moments atten-
ton. The court agreed to hear him, and
Mr.. Lewis. in his usual polished and grace
full manner, arose and seemingly very much
affected stated 70 the court that he desired
to make an apology for certain language
used in an affidavit which he in hasty
manner had drawn up He said: 1T is
in reference to the case of Tarbel against
Leary. After mature reflection have
come to the conclusion that there was mat
ter put In the affidavit of Mr.. Tarbel
which should not have been put in 1t, and
it l had taken q second thought
/ should never have permitted to
creep into the affidavit. would not
wound the feelings of any gentleman
much less those of judge and . personal
friend. feel it my duty to the bar and
bench to apologize to the court. This
offensive language was not used as . refiec-
ton on the court, but was put in the affi-
davit to show the bitter personal feeling
existing between the parties. aud to affect
the credibility.of witnesses. My apology
is sincere. and my brother members Of the
bar know that would not Intentionally
wound the feelings of any one.
In reply Judge Litctenberg said: eve
had decided not to touch this matter until
the case has been tried by one of our col
leagues. The language used in this affida-
Wit was of the highest contempt, but we
shall take no steps TO punish this contempt
until the case is decided on its merits by
Judge Strat,on.
Our Brother Lewis apology will neces-
decision of the case. We simply say to
Brother Lewis, in reference to his apology,
that We will pass on this contempt when
the proper time comes.
The law governing these matters says:
1T must be remembered that the court
does not punish, as for contempt. one who
libels an individual who happens 10 be the
judge; but it is . contempt Of the cour: as
such, and an insult to the people repre-
sented by the court, which alone the court
can punish as such.
There is no disposition in the courts to
seek opportunities to exercise this power,
and it will not be exercised unless there is
necessity for it When q Judge remem-
bers that he has no right to avenge in this
manner individual wrongs, only as an in-
jury to the court, the peoples court. that 1t
becomes . matter of stern and infexible
duty, from the performance OF which un.
der his official oath, he does not shrink.
For be well knows that as the ermine was
spotless when he put it on, the people ex-
pect him TO leave it as untarnished for his
successor.
This court cannot permit him, or any
other member OF the bar, to think that it is
question of the feelings OF the judge or
the friendship existing between him and
member of the bar.
I'VE intended to cite him (Lewis) to
show cruise for contempt when passing on
the question as to Mr.. rarbel and the in-
suit he has offered to this court, but now
that he has apologized the case takes on
different phase. We believe Mr.. Lewis
apology is sincere. and that he feels it,
and We are glad that he has the manliness
to come into court and acknowledge his
wrong"
subsequently the injunctions against
the following order was issued for Tar.
bells arrest for contempt of court:
In the superior court Of King county. John
Leary. plaintiff. va P. E. Tsrbel ct a., defend
ants
WHEREAS, The def ndant. p E. Tarbel. did
on the 7tn Day of November. 1890. make aud file
his afidav.t in said court, to be used ct the
hearing on an application for . temporary in
junction in the above entitled action. then
pending; and
WHEREIN, At said hearing, to-wit: November
8. 1890 Judge Lach,enberg presiding, said afi-
dsvit was in open court read by the counsel for
said P. e. Tarbel: and
WHEREAS. Said afidavit inter ALA contained
the following, aud the same having been read
as aforesaid, to-wit:
"That the said Leary labors under the impress
sion that his word is sole law, and his request IL
Q command made to the Hon. L J. Lichtenberg,
that the said Judge Lichtenberg will in no case
refuse to accede to them. as the said Jesry did
state openly. publicly, to this aiiant that there
was no order that he could not get of the said
Judge Lichtenberg II that ne so desired, which
fact this afiant verify believes the said Leary
proceeds upon. mistakng personal friendship
for Judicial favor. That affiant verify believes
that the said Leary only hopes TO succeed in OBJ
tanning the said restraining order by reason OF
the relations which he sus aims and assumes to
bear to the honorable judge OF the court; and
In NO wise expects to obtain the said order upon
the proofs of any allegations made In his com.
plant OF fraud or wrong"
Now therefore, you. the said p. E. Tarbel, are
hereby commanded and directed to appear be-
fore he said court and judge thereof, at the
courthouse. in the city of Seattle, on the 18th
day OF November. 1890, at 2 p. m, 70 show cause
why zoe should not be adjudged and punished
~ and Tor . contempt Of said superior court
rHIgrsEN ARRAIGNED FOR ROBBERY.
The trial of robbery and burglary cases
has begun in earnest in Judge Humes'
court, and yesterday thirteen prisoners
were arraigned for the crimes of larceny,
burglary, robbery and assault with intent
to commit robbery. The charges are as
follows:
John Hurley and Fred Quirt are charged
with assault with intent to rob Susane AL
lard and Victorine Morisant on October Is.
William Riley is charged with burglariz-
ing the store of Emanuel Hoeslicn on the
night of October Is.
John Murray is. charged with burglariz-
ing the store Of John A. Sharlin on the
night of November 2. and stealing revolver
and eleven watch chains.
Thomas Farrell, Edmund johnson and
John Marks are charged with assault with
intent to commit a robbery on Aivernon A.
Palmer and John Peterson on November 10.
Francis Payne and James Brown are
charged with robbing James Mclean. on
the night of November IL, of $50.
John Logan is charged with assault with