The record-union., 1893-04-20
THAT ALLEGED CONTEMPT.
It viii be Heard Before Judge Cat
lin This Morning.
Mrs. DR." Graham's Charge Against
District Attorney Ryan and the
sheriff's Officers.

Mrs. Della F. Graham, wife of dr."
&. Il. Graham, has, through her attorney,
a. L. Hart filed in the Superior Court
an affidavit reciting the facts of the issu-
ance of the warrant by Justice Henry for
the arrest of her husband and herself for
alleged child stealing; their arrest at
Tacoma, their removal here and arraign-
ment before Justice Henry; that he fixed
their bail at $1,000 each, and that, being
unable to give it, they were confined in
the County Jail; that afterward they
were examined before Justice Henry,
held to answer by him, their bail fixed
at $1,000 each, and committed to the
Sheriff, and that they were returned to
the Jail in default OF bail.
The affidavit further recites that thew
made application for writ of habeas
! corpus to Judge A. P. Catlin of the Su-
perior Court, on the ground that they
were held without reasonable or proba-
Die cause, and that there was no evidence
to show that they had ever committed
the crime charged to them; that Judge
Catlin. after duly and carefully consider
ing all the evidence and the arguments of
counsel, made an order discharging and
| releasing them from custody.
furthermore, that Sheriff O'Neil was
at the time absent, and that the defend
ants We're in the actual custody of Under
Sheriff stephen Rooney and Deputies
Michael Fay and w. c. Hendricks, and
that, notwithstanding the order of Judge
Cati1n releasing them, the said parties
refused to release them, and continued TO
hold them in confinement until they de-
llvered them to Sheriff Cunningham of
San joaquin County.
hat ~
court during the proceedings and the
issuance of the order, and had at the time
IN MS possession warrant issued from
the Justices Court of Stockton, filed on
November ID, 1892, and issued on A COM
plant charging DR.. Graham with the
same crime as the one on which they had
been released.
Mrs. Graham further alleges. on in
formation and belief, that the said Stephen
Rooney, Michael Fay and w. c. Hen
drlcks were advised by r. ID. Ryan, the
District Attorney, both before and after the
issuance OF the order, to hold the said war
rant, and II Graham was discharged
uhder the writ to refuse TO release him,
Dut 10 hold him under the Stockton war
rant and take him to Stockton and de-
liver him to Sheriff Cunningham for i'm
prlSonment, and that the District Attor-
hey and Rooney, Fay and Hendricks
conSpired and agreed together. that if
OiaAaln was discharged thew would
secretly and clandestinely take him from
| the city and deliver him to CUNNINGHAM:
that IN pursuance Of such agreement he
was taken and delivered to Cunning
ham at Elk Grove.
She further states that a writ was issued
after Hendricks had started with era
ham, and handed to stephen Rooney
about 4 o'clock, and that CunninG-
ham did not leave Elk Grove until
about o'clock; that Rooney had it
within his power to notify Hendricks
that the writ had been served in time to
have stopped Graham, but made no
effort to do so till too late, and that Gra-
ham had since been in custody for the
same ofense for which he was released.
She therefore asks that Rooney, Fav.
Hendricks and Ryan be cited to show
cause why they should not be punished
for contempt of court.
Judge Catlin issued the order, citing
them to appear this morning.
GRAHAM Is FREE.
After all the commOtion which the re-
arrest OF Graham excited, the case came
to tame ending, as far as he was con-
cerned, for telephone message received
yesterday from Sheriff Cunningham
stated that he had been discharged in
Stockton