Los Angeles herald., 1893-01-14
HREC|ACH's CONTEMPT CASE.
Some New Points Raised Yes
terday by His Counsel.
The Case Preiented to Two Judges
Yesterday.
The Matter Taken Under Advisement.
Notes of Gases in Court Yes
terday-New Suits
Filed.


has turned out to be quite otherwise il
the superior court, and has resulted II
three of the judges sitting upon the diff
ferent questions arising.
The case has been mentioned in these
columns for several days past, it being
the disagreement between two restau
rant men, who were partners in small
place on Court street, between Spring
and Main streets, Nicholas Sopozich and
Michael Hreciach.
The men are Slavonians, and one ol
them dominated the other to such an
extent that he went into court to prove
that he was not fool, as Hreciach had
called him.
The suit was brought by Sopozich for
dissolution and an accounting, and the
complaint was filed two or three weeks
ago. The restaurant was running all
the time, and pending the suit receiv-
er was applied for, aud M. Musich was
appointed.
He went into office, so to speak, the
latter part Of last week, his orders from
the court, in this instance Judge Shaw,
being to exclude both partners from the
house in any business capacity.
This order was modified by Judge
Shaw so as to permit of the receiver en-
ploying both partners, but If either OBJ
jected to exclude them both.
Hreciach, the gentleman with the un-
pronounceable name, and the defendant
in the suit, adopted belligerent atti
tude in the matter. When the plaintiff,
Mr.. Sopozich, came around, he told the
receiver he would not allow him to set
foot in the establishment. The attor-
neys, thinking the Slavonian had not
understood the directions of the court,
conferred with him and explained mat
ters. Instead OF acquiescing. however,
when the plaintiff tried it again, he said
he would see the coutt in h-lbefore
sopozich could come there.
Judge Shaw yanked him up and sem
fenced him to pay fine of $100 and five
days in the county Jail. That was
Thursday, and yesterday afternoon he
was brought by his attorneys before
Judges Clark and Van Dyke on writ OF
habeas corpus, to secure his release, if
possible.
The hearing took place in Judge
Clark's court room and Judge Shaw sat
alongside OF his associate judges. The
points raised by Mr.. Kinley and Horace
Appel, counsel for Hreciach, were quite
interesting. The remark alleged to have
been made by Hreciach was out of the
presence OF the court. The attorneys
claimed that while their client could
have been summarily dealt with by the
court, if the otfense had been commit
ted in his presence, yet as it was not the
case in this instance, the rule did not
apply. And yet, they contended, Judge
Shaw, when the affidavit was fled by
the receiver describing his contuma-
ciousness, had him stand up, Hreciach
being in court the case going on in
which he was interested, and placed him
Immediately in custody of the sheriff
to appear an hour or go later.
The attorneys claimed that the stat
utes were explicit that there must be a
citation for contempt committed out
side the presence of the court, and that
the order must set forth the specific
grounds Of the offense charged. This
was not done by Judge Shaw. There
after, in his order finding the defendant
guilty, he simply stated that he so
found him guilty of disobeying the
orders of the court, without specifying
what orders, when or how he had in
fringed upon the order. This counsel
contended was not proper.
After the presentation of the case by
the attorneys the judges went into con-
sultation and finally announced later in
the afternoon that the matter had been
taken under advisement by them.
In the meantime the case of the two
partners is also under advisement by
Judge Shaw.