The morning call., 1893-05-05
AN ANGRY JUDGE.
The Jessup Investigation
at a Deadlock.
KoWALsKY PLEADS SICKNESS
But Judge Slack Says if He Does Not
Appear Next Tuesday Summary
Measures Will Be Tried.

Henry l. KOwalsky. together with the
four other persons connected with the dis
trbuiiGn of the property Of Gershom p.
Jessup, was cited to appear before Judge
Slack yesterday morning.
An investigation into tile manner of dis
pOsal of the property awarded to the heir.
Richard Jessup, was in order, and all
parties appeared in court in obedience to
The citation with exception of Kowaisky.
Attorney T. J. Crowley. who shares
Offices with kowalsky but is in no way
connected with the case, stated to the
court on behalf of Mr. Kowalsky that the
latter was still in Los Angeles, although he
had expected to return in time to appear.
II have received a letter from Colonel
Kowalsky." continued Mr.. Crowley, "in
which he says he has been confined to his
bed during the last few days and cannot
possibly be back before the beginning of
next week.
when Mr.. Kowalsky left for Los
Angeles about a week ago he was not by
any means a well man, and nothing but tbs
. urgency of the business that required his
presence would have persuaded him to take
the trip.
your Honor will remember that when
this date was set as the time to which the
matter should be continued | suggested that
10 underestimate dOubly sure IL would be
well to set the matter little further ahead.
II hope your Honor will understand that
l merely make this statement out Of
courtesy 10 Mr.. Kowalsky."
Judge Slack had entered the courtroom
with an ominOus froWn on his usually
placid countenance. He had actually
dropped a book upon the floor just before
taking bis seat and had deposited several
California reports down on the desk with
unnecessary emphasis.
During the progress of Mr.. CrOwley's re-
marks the aspect OF the court did not grow
any less fOrbiddiug and upon their conclu-
sion Judge Slack delivered himself Of his
feelings TO the following e1fect
''Mr Crowley, l fully understand your
POSITION in the matter, but l consider that
Mr.. Kowalsky's conduct is open to severe
criticism.
when he was served with the citation to
appear in this matter he was really under
legal process which he could not ignore.
lie came TO me and asked me as great favor
10 continue the investigation until such
time as he could attend. l did so.
Again he came TO me and stated that he
was obliged to go to Los Angeles 10 testify
and again / incOnvenienced the court and
all the other parties who were likewise
cited and continued the matter until to-day.
Yesterday Mr. K0walsky sent me let
ter which is cool, to say tho least. lie says
that he is sorry lie Will not be able to be
here to-day, but that business has detained
him. He says further that be hopes to be
back soon, and supposes that the matter
Will have O.be continued awhile longer.
To-day L received a telegram in which
he says he is sick, and that the inyestiga-
tion must be delayed.
Mr.. hOwalsky seems to think that the
convenience Of the court is matter OF sec
ondary importance to his own convenience,
instead OF paramount Importance as it
should be. He not only causes the court
great delay and inconvenience, but also all
you gentlemen who have come here three
times already in response to the citation,
Nh. Crowley. VIII you please write TO
Colonel Kowslsky that he shall attend here
next Tuesday morning at 10 o'clock, and
that if he does not-well, / shall take sum-
mary means Of compelling him to obey the
courts order"
Judge Slack looked as il he felt much bet
ter.
General Dickinson. On behalf of his client
James Byrnes, the distributor, said that he
was sorry that further delay should be nee
essary, but that he and his client should
hold themselves ready to appear on four
hours notice.
He further stated that he believed the pro-
eeedings as a result of which the decree OF
distribution had been signed by Judge Slack
were perfectly straight and that there was
nothing to investigate.
lie failed TO see exactly why they had been
hauled up by the court.
There was a statement made by Judge
Cohey," replied the court, "in regard to
what would be done when the final decree
was presented for signature, and | merely
wish to inquire as to that. | understand
that the statement was directed more to Mr..
howalsky than TO any one else and for that
reason | wish particularly to have Mr..
kOwalsky here.
Il do not wish to examine you gentlemen
Without the presence of Mr.. KowaIsky for
certain very good reasons, and viii there
lore continue the matter until next Tuesday
nj 10 o'clock. at which time, if Mr. Kow-
alsky is not nere I will take great pains To
know The reason whY?"