Telegram-herald., 1890-07-04

rhs oate0nas er a troasly ExasEsF4tsa
NsssFaPsr story

fhs oateonas eT a Gross5y ExasSeFAtsd
NsssEaPer story
4 highly eolore1 article appeared p
tae bsgseeet q yesterday - toe saes
that Judge Bgrcn had narrowly esc&pea
arrest on bench HarFant froal tie "a
pEsms CoaTt. Tbs Deae9ots psSln ll-
fsgsnee aas thal Judge Barch haa oeea
guilty Of g1oss eontempt q the saPFst1e
Court "a aiSoteyipg 2n order 20 apes
before HAT tT.buDAl IA tue matter -
mAnoamus proceeding brought % Al
t0fneys u Hsnfy &. kussel. Tue latter
oGs gaTn.saee dxtena2nt ~ a ease "aASa
nac resulted ~ complications "a is q =
stages n justices courts, All OF "hstA
VAS reported IA these columns a. thF
time, and Is not worth detailed repstl
ton, the amount at Issue beng put
sl63.65.
kussell. as gzFnsshee defendant, had
paid tue judgment IN one justice
court, ana became als0 Liable Tor = san
lar luagment II another court IN ths
course Of tie llug4tl0n. lie appealSu
the matter 70 the circuit court ard toe
result was a Judgment loT the appeiies.
Russell WAS still liable for a judgment
Tor an amount be dld not one deIen4-
ant ia the other justices court. Int
latter was also appealed 10 tie circuit,
but when II came up before Judge
BuIeh, be declined 10 either dlsnliss !.
or try II until the fiFst case had been
disposed OF. The plaintiff, LOUIS Dletz.
then applead TO the Supreme Court,
and Mr. Russelps attorney was grantee
a mandamus directing Judge Burch 10
show cause, etc. Ii IS always customary
for the attorneys u attend to the nat-
ter OF hearing and appearance oI su1t
cases n the upper court.
John A. Fairfield one OF the attor-
neys IN the matter said yesterday: "Ar.
Comstock, Mr. RusselPs attorney, ap-
Piled for mandamus directing judge
! Burch 10 try the cause, an ordinary
proceeding IN such cases. The order
required that three days notice
should be served on Judge Burch b.
I fore Tuesday, the day SET for nearing,
| kept watch of tne matter, calling l.-
quently at Judge Burch's office 10 see
II the notice had been served. Satu =
day morning the office boy found the
notice lying on the floor. | prepared
the return rs soon Is | could, but G.a
1
expected 10 go 10 Lansing IN person, but
Mrs. Bignali did not feel Ike going TO
that expense, TO | rushed over 10 tie
post-office aud got Charlie Hall 10 put
| the letter into the pouch Just Us II was
about 10 be closed. Ii seems, however,
that it did not get delivered until Tues
day night The course taken by the
| Supreme Court was the regular one. IL
"a a "a fts{f =
Is issued as a matter OF course"
"The matter is very plain, ordln-
ary affair."" said Judge Burch. Mr..
Comstock applied for mandamus. As
| IS usual in such cases, turned the
papers over TO the attorney IN the case,
| in this instance Mr.. John A. Fairfield 4,
and ne prepared the record. did not
| get the notice until late IN the week,
and Mr.. Fairfield could not prepare the
| papers until late Saturday, or ii may
have been Monday. He brought the
return to me, looked 1t over, con-
suited Judge Grove as to his recollec-
! ton OF some OF the matters, signed it
aud handed it to Mr.. Fairfield, expect
ing him to take it to Lansing and argue
the matter III person. For some res
sou, it seems be did not go, but mailed
] ~ UllQ A&licd w lCASli dAAetA
Tuesday evening. | did not ignore the
order of the court, but obeyed 1t; was
guilty of no contempt, and | very
much doubt If the justices used the
very undignified language attributed to
them. 1t was matter in which / had
no feeling whatever, and Is a usual
and common proceeding in matters OF
unsettled practice"
w. d. Fuller, of this city, official re-
porter OF the Supreme Court, de-
precated the sensational article and
said that it had not shadow of founda-
ton. SAID he, Il was present in court
| when the order was made. When the
matter came up Tuesday, and there
was no return in court, the judges said
the matter Will stand over until ]
o'clock tomorrow afternoon, and If
there is no appearance, the mandamus
! will issue That was all there was To
it. ! heard no talk about bench war
rant whatever. No merriment was
manifested by attorneys IN court or
anywhere else, and certainly there WAS
no announcement on the part of the
court anywhere, except IN the court
room."