The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1893-04-21
TEE GRAHAM MATTER.
Ryan, Rooney, Fay and Hendricks
Before Judge CatIin.
The Evidence on Both Sides Heard
Did They Refuse to Release DIR.
Graham, as Ordered.


ceedings for contempt of court in which
District Attorney Ryan, Under Sheriff
Rooney, and Deputy Sheriffs Fay and
Hendricks were cited to show cause why
they should not be punished for rearrest-
ing DIR" Graham after he had been dis
charged on writ of habeas corpus on
charge of child stealing, in taking little
Ellie Posey out of the State. The rear
rest was on a warrant issued from
Stockton court last November on a
charge of abduction sworn out by the
girls father.
Long before the court convened
stream of people filed into the court
room till every available place was occu-
pied. At half past 10 o'clock Judge Catlin
entered and opened the court. a hush of
expectation fell on the assemblage.
The Judge stated that he had received
telegram from the Sheriff of San joaquin
county. stating that the train was an
hour late.
y few minutes more of delay and Gen
eral Hart entered. The complaint of
Mrs. Graham was read by him and the
proceedings commenced. w. a. Gett
appeared as counsel for the deputies and
c. /. Jones and A. j. Bruner as counsel
for the District Attorney.
General Hart stated that in pursuance
of the complaint, he procured an order to
show cause.
c. 7. Jones stated that he had not seen
the affidavit before, as the order had only
been served the evening before. He did
not know that any answer was required.
The District Attorney was away yeSter-
day and did not come home till night.
General Hart thought that the proper
proceeding would be for the parties to
r,la M I 10. tod
stone and the common law on the point.
Mr.. Jones said it would take some time
to prepare a formal answer and his clients
would plead not guilty.
The Judge said they could proceed to
show cause why they should not be pun
ished.
a. j. Bruner said the burden of proof
of the allegations in the complaint rests
with the plaintiff. The main allegations
on which the charge of contempt was
based are made upon information and
belief.
General Hart disputed his position and
thought if they did not make a proper
showing judgment could be pronounced.
c. i. Jones asked for a continuance in
order to have time to prepare an answer,
and the Judge denied his request. He
thereupon entered a general denial of the
allegations on which the order was based.
He then read a portion OF the complaint
and admitted those portions which re-
lated to the first arrest and examination
before Judge Henry, as well as to the
habeas corpus proceedings and the dis
charge of Graham from custody.
He further admitted that Sheriff O'Neil
was out of the city, and that Under-Sheritf
Rooney and Fay and Hendricks were
duly qualified officers.
He denied that they refused after the
decision 10 release Graham from custody,
but admitted that the Stockton warrant
-.
by Sheriff Cunningham some time this
month, but previous to the habeas corpus
decision.
He denied that there was any con-
spiracy on their part, but said that they
released Graham from custody, and that
lie was afterward rearrested. The District
Attorney was not concerned in any con-
spiracy, nor had he advised the officers to
arrest Graham.
lie further denied that the prisoner
was IN the custody of Deputy Hendricks
when the second writ was served. Under
sheriff Rooney telephoned to Elk Grove
at that time and found Graham was
gone, in Cunningham's custody. He
started an officer TO meet Hendricks and
serve the writ on him, put he found him
too late. The officers had believed they
were obeying the laws in executing the
warrant that had been delivered to them.
and which had been properly Endorsed
by a Justice.
+. ID. Ryan was sworn and testified
that the statements of the answer were
true as far as they went. There was no
intention on his part to cause any con-
tempt of this or any other court. He
simply had nothing to do with the affair
NJ. Fay testified that the statements of
the answer were true, as far as he knew.
JudgeNatlln asked him how much he
meant was true, and the witness stated
that he had no collision with anyone:
that when Graham went down stairs he
arrested him. Ibid you not try TO arrest
him in the courtroom" asked Judge
Catlin.
No." said Fay, "I knew better than to
do that. l saw a Marshal called back
and reprimanded for that in the case of a
Chinaman in this court"
The Judge asked If the District Attor-
ney asked him If he had warrant and
advised him TO serve it, and the witness
answered that the District Attorney asked
him, and when he answered that he had.
said, We'll, you Will arrest him then"
He told Mrs. Graham that she was free
to go where she pleased. John Catlin
was there and told Graham that he would
have to go to Stockton, but that he Cat
lin would get him out. He did not know
how soon Graham was taken away after
his arrest, which was about half-past Il,
nor did he know that he was TO be taken
away in buggy. He learned afterwards
that it had been done.
Judge Catlin asked him if he under
stood the charge that was Investigated in
the court, and if it was the same in both
warrants, after reading them. He
thought they were different.
Attorney Bruner asked that Fay's tes-
timony he stricken out, under Section
6SS OF the code, which provides that a
witness cannot be forced to testify against
himself.
The Judge denied the request.
Judge Henry testified to issuing the
warrant on which the Grahams were ar
rested and its return to him.
JUSTICE sAIART's STATEMENT.
A. c. Smart testified that he was Mrs.
Graham'S brother He saw Fay in the
courtroom at the time of the decision dis
charging Graham. He thought he sew
Ryan, but heard Ryan say nothing to
Fay. lie saw Fay sitting near the Ora
hams. Witness followed the Grahams
downstairs and they went right into the
Office, but he heard Fay say nothing to
them until they arrived there. He found
Fay reading the warrant TO them or try
inc to- and remained after the reading TIL
they passed into the jail few minutes
later. Rooney and Fay were present; he
did not remember seeing Hendricks. He
cid not see Graham taken away Rooney
told him when he went back about half
an hour afterwards that he had sent him
away in a buggy. Rooney was then
alone He saw him at the telephone, and
he heard him say to some one to tell
Hendricks ii he came there TO go on.
That was about an hour before he came
there the second time with the writ.
He did not know what place Rooney
telephoned 10, but simply heard what he
said. When the second writ was deliv-
cred to Rooney he commenced writing as
ii making out some paper. be did not
telephone during the three or four min