The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-07-13
WHORUNS THE COURT
City Attorney Fortson Will Be
Tried Today for Contempt.
DONOVAN TRIED AND CONVICTED
AttsRnsy Howe Claims Legal Dspass-
mest Of City Has Kxelsstve Cea.
troll Of City Cases.

The question a. to who is running the
municipal court of the city OF Seattle has
not vet been decided. A large gathering
of young attorneys and friends OF the par
ties interested a. well as the usual crowd
Of police court spectators were present a.
10 O'Clock yesterday morning to see Judge
Glasgow cinch City Attorney Fortson or
to see the latter make . monkey sho~ OF
the former. After spending ridiculous
amount OF time in coming to the point,
the whole matter was put over until ~
O'Clock this morning.
The case OF the people W. Thomas Dono-
van. out of which the contempt proceed
ings against City Attorney Fortson arose.
was set for 10 O'Clock yesterday morning
in the municipal court. The defense was
ready for trail. but the city attorney again
refused to prosecute the case. Judge
Glasgow ordered the jury called. and then
IN hour or more was spent in waiting for
the witnesses on the part OF the state who
had been subpgnaed the day before. Some
of them coming in, the judge was proceed
ing to try the case or to try Fortson for not
trying il, but that official had disappeared
after making his respectful def. and war;
rant for his arrest was issued and placed in
Chief Jackson's hands.
Meanwhile the Judge called up Attorney
Alex r. Jones. who has been acting for
Mr.. Fortson during the latter's absence,
and asked him If he would represent the
city in the case. but he asked to be ex-
cused on the ground that the city attorney
was not out Of the city or absent through
Sr~ ho hs1t hox
acting unde. instructions from his superior
officers. Judge Glasgow then sent for w.
T. Scott, who said he would obey all orders
of the court. legally made. but stated that
he didn't know anything about the case
and would necessarily require time to in
vestigate the city's case. After . half
hours consultation with the prosecuting
witness Mr.. Scott came into court and
asked what was the condition Of the plea.
Clerk Dowd read the minutes, which read:
City Va Thomas Donovan isorderly con-
duct; bali, Us: plea OF guilty; plea Withdrawn
and plea OF not guilty entered: jury demanded:
set for wednesd oy. July l., at 10 = m.
Mr.. Scott then asked that the case be
continued, in order that he might consult
with the city's witnesses. sin accepting
the appointment of the court took it
under the impression that the city attor-
ney was unable to be present" said he.
Judge Glasgow replied that it was Mr..
Scott's duty to prosecute the case or make
such disposition of it as he considered
would be best for the city's interest.
Mr.. Scott then suggested that perhaps
the prisoner would again enter plea of
guilty, but Attorney Stedman stated that
this his client refused to do. and insisted
upon an early trial. Finally Mr.. Scott
consented to 60 ahead with the case. but
as 1t was then near neon . recess was
taken until o'clock.
At the door of the court room Judge
Glasgow met Chief Jackson bringing in
Mr.. Fortson under arrest. The Judge told
Mr.. Fortson that ii he would give his word
Of honor to be present at ! o'clock he
would not require any bond, and the
pledge was given.
Al soon as Mr.. Scott arrived after lunch
court was convened, but before proceed
ing with the Donovan case the judge
called Mr.. Fortson to the bar and inter-
rogated him, to which he replied that he
was the city attorney, had drawn up the
complaint against Donovan. knew OF no
reason why the case should be dismissed.
but was not ready to prosecute the case.
Judge Glasgow then commanded him to
prosecute the case, and he again refused.
whereupon he was asked If he had any
reason why he should not be punished for
contempt of court.
Assistant Corporation Counsel J. r.
Howe 1T this point stepped forward and
stated that he represented Mr.. Fortson.
and wanted to know when the hearing Of
the case would be set for. He understood
tina, no charge mad been preferred.
Judge Glasgow interrupted him 20 say
that charges were not necessary, rs the
offense had been committed in the pres
ence and hearing Of tho court. The con-
tempt consists in refusing to proceed with
the trial Of case when it was ready for
trial.
Mr.. Scott here asked that the hearing Of
the contempt case he postponed until after
Donoyans case was disposed of. where
upon the Judge said he would do 50 If nee
essary. bu, he wanted TO give Mr.. Fortson
one more chance to prosecute the case. as
il would be with great reluctance that he
would punish him for not doing 50. He
then wanted to know il there was any
Misunderstanding as TO the facts of the
case The clerk then read the record and
stated that the minutes had been written
at the time Of the occurrence. The Judge
then went on to state the details OF the
original pleading and CHANGING OF the
plea as he understood II and as was pub
lished yesterday. He concluded by stat
ing that he had never heard /. questioned
before tina, court could in its discretion
change the plea Of guilty into one OF not
guilty " hen there was no protest he
then asked Mr.. Fortson II his statement OF
the facts was correct
Mr.. For,son said it vas not, ~ he un-
derstood them. Before Donovan was ar
raigned his attorney. L. b. s,edman. asked
him what the tine would be IN case he
pleaded guilty. Fortson told him he
didn't know bu, thought II would be about
s. OF siu S.edman said II II would not be