The morning call., 1892-07-13
AIDED BY THE SHERIFF.
COgSwell POlytechnicaI College i'm
the Hands Of the Trustees.
The Doctor and His Lawyer Held TO Be Tech
nicaly in Contempt and Ordered to
Surrender Possession.

The base of operations over the contested
possession of the Cogswell Polytechncal
College was transferred for time yester-
day morning to Judge Levy's courtroom.
and when the same was opened there
poured In mixed mob of lawyers, detect
ives, underStraDpers, pupils, ETC.
The matter for consideration WAS the ap-
plication of George w. Gibbs and others,
trustees of the college, TO enjoin DIR. II. ID.
Cogswell or his agents from interfering
with the college building. 1t will be re-
membered that on Monday, the time for re-
opening the school, violence was only
ayerted by the presence of Captain Short of
the police when Trustees Gibbs and Merrill.
aided and abetted by 70 pupils. threatened
to take forcible possession of the building,
which was held by Attorney Baggett.
Mr.. Baggett would have liked yesterday
to proceed with some technical pleas but
Judge Levy reminded him that the case be-
longed in another department, and lie would
only consider the application Tor an injunc-
ti0n.
The other side insisted to the same effect,
and Mr.. Baggett denied that any contempt
had been committed, aud therefore no such
matter as contempt was before the court.
de was there to show that the order of the
| court Issued on Saturday was Inadvertently
| issued, aud, further, that il is not an injunc-
ton. lie therefore declined to answer any
| citation for contempt He asked that his
motion TO strike from the files the cross
| complaint he heard upon the ground that
1t had been so iTreGularly filed as TO warrant
the court in striking it from the files.
After some more bandyiDg of words
| Judge Levy granted the request citing the
defendant, Mr.. Baggett and the man in
charge OF the building for contempt in dis
obeying the injunction of Saturday.
captain Short, sworn as witness, testi-
he'd that he was at the college on Monday
morning and heard Attorney Baggett say 20
Mr.. Gibbs that the paper presented was an
| order for an injunction and not a writ, and
Baggett advised DR.. Cogswell not to deliver
possession of the school. He had also
heard Baggett say that only an order had
been served and that it had not been prop
erly certified TO by the clerk of the court.
did you hear him say that the trustees
had robOed the trust fund Of SIS, 5,0o0?'
Il did,"
Baggett excitedly, land what l said i can
prove"
"Can you do it now ?" asked Il. b. Car
penter, counsel for the trustees
NO." replied Baggett. but at the proper
time and place | Will show it,"
Mr. Carpenter censured his brother at
tOrney for his remark concerning men OF
Integrity, and Baggett rejOned: when |
made that declaration L made 1t advIsedly.
/ made 1t on information and belief. |
Hldut IL on til6 statement OI no less q person
than Charles CTocker. He said that be had
paid $4,000 on lease once to somebody and
he did hot want to paw 1t again when the
trustees asked him for il. Ii cannot prove
the charge | will apologize to the trustees"
j. Is. Bishop, one of the trustees inter
| rupted him at this point TO say: II have
this 10 say TO you, Mr. Baggett-that when
member OF an honorable profession makes
| such charges as these in public place and
aiterward comes into court and reiterates
them ! say he ought to have more than
! information and belief on which to base
them, and / say that when he does make
| them solely on information and belief he
| has rendered himself infamous and un-
worthy OF his profession. That is all |
| have TO saw.
Mr. Baggett might have said more, but
the Judge interrupted and said: II have
! heard enough Of this, and 1 am ready to de-
eide the matter now. As far as this inlunc-
tion Is concerned | do not say il is formal
order. Still 1t Is q restraining order and as
issued by me should have been obeyed by
M. Baggett and DIR. Cogswel I DOW de-
eide that the trustees are entitled to present
occupancy; and, furthermore. in order TO
make this decision effective, i command the
Sheriff OF this city and county t. see that
the trustees are put in possession"
The Cogswell side tried TO obtain stay
untll ! p. NJ, but ali 10 no purpose, and
Judge Levy's order was to direct the Sheriff
TO put the trustees in immed ate and peace
with the order of injunction granted on Sat
urday on the supplemental answer aud
cross complaint of Charles b. Stone. one of
the trustees. to prevent the commission of
acts intended To delay the opening If the
school on the following Monday.
In issuing this order the court found that
the defendant mad been guilty of techni-
cal contempt, believing that the restraining
order was not Intentionally disobeyed. Mr..
Baggett had cOntended that the paper was
not intended by the court as an Injunction,
but only an order for an Injunction.
The trustees were placed in possession of
the building at hali-past ! O'Clock in the
afternoon. a few moments after the doors
were opened more than 200 pupils found
their way into the classrOoms.
A letter from DR.. COgswelPs attorney to
MI Iingman, guarding the building and
an order of Judge Levy's court, both served
on the guard by Deputy Sheriff Harrison.
brought about this result The guard made
show Of resistance. but the deputy slipped
in and read him the documents and gave
him a receipt relieving him of his trust