Arizona weekly citizen., 1893-11-11
IN FOR TEN DAYS Judge Barnes and Editor
 Dunbar in Jail. FOR CONTEMPT OF COURT. They Prepared an Affidavit De- rogatory to the Cour,-At-
 torney Ford Scores
 Them.

. 'The defendant John O. Dunbar will
 be committed to the custody of the sheriff, to be confined in the county iai for period of ten days; like order is made in the case of Judge Barnes" The dignity of the district court was
 being sustained in the pronuclation of
 the foregoing by Judge Sloan, last night.
 It was the outcome of sensational and
 unfounded yarn embodied into an af-
 fidavit without citing authorities.
 The affidavit was part of an applica-
 tion for a change of venue, and was
 filed by John O. Dunbar with the
 deputy clerk of the court. It was read
 in the course of the proceedings several
 times. Part of it as as follows:
 |" * That he is informed and believes that on the night of Friday Hast, while the demurrer to this indct-
 men was under Rdvisement by said judge | lSloan he was for hours closeted in the office of Francis J. Heney, one of the 1 persons alleged to have been libeled, ] and that the associate counsel for the : territory, Mir. Rochester Ford, was wi;h l him. What he is informed and believes 1 that the judge of this court Is an ln- innate personal friend of the persons | alleged to have been hoeled, and IS a b!ter personal enemy of defendant. For tn SC reasons he moves the court either to change the venue of this cause or cause the case to be tried by another judge.
 "(Signed), JOHN O. DUNBAR" The court declared the whole matter false and ordered Mr. Dunbar to produce his authority. MT. Dunbar said that it was reliable man, but that be wished first to get the consent of that man.
 Ire district court room was filled. Around the railing stood many crowding close to hear every word.
 Judge Lowell Said that be knew nothing about the affidavit. John H. Martin testified that be had not pre- pared it. Rochester Ford declared it totally false; that he lad not spoken with the court about the case except on the court house steps, to refer him to certain Kentucky authority bearing on the case, requesting that he tread that if nothing else"
 The recess of an hour was over. NIT. Dunbar had seen his man. MT. Dunbar was put on the stand.
 c. You know the article referred to. Please state who your informant was.
 A. MT. Fred G. Hughes; he gave me the information.
 Q. When and where?
 A. l can't exactly say when or where.
 Q. Who prepared the affidavit, MT. Dunbar?
 A. It was prepared by my attorneys. It was an affidavit sent me to read and pass upon, which I did, by my attorneys in Tucson.
 Q. Who are they?
 A. Judge Barnes.
 For himself Judge Barnes sad:
 "I will state that I discussed thIs matter with Mr. Dunbar-the question | of change of venue-and we examined the statute as to whether there could | bs a change of venue in criminal case. | l did not think there could, but af:er his informing me of the facts set forth | in the affidavit 1 told him to go home | and consult his attorneys there. 1 pre- | pared the affidavit and sent it to him | and told him to sign it and send it to | the clerk-that 1 declined to do it my | self.
 Q. by the court: MT. Dunbar, at the | time you received this information did | you make any inquiries of MT. Hughes | as to the fact other than this?
 A. I did not. I regarded it as an | absolute fact. He told me such was the case, straight.
 Fred G. Hughes testified:
 Q. (reading the allegatiop) Do you know anything about that?
 A. Yes sir. made that statement | to MT. Dunbar. I made it from what 1 | heard-conversation I heard several | places around town.
 Q. Whom did you hear 1t from?
 A. I can't remember.
 Q. Did you inquire as to the truth of it?
 A. No sir. did not
 MIR. FORD DESoUNCEs BARNES, HUGHES
 AND DUNBAR.
 It remained for MT. Ford to make some remarks. They were scsthing. Brathless attention was given him. MT. Ford said:
 "I submit, if the court please, MT. | Hughes, Judge Barnes and MT. Dunbar should be punished for contempt of this court-an open and fragrant contempt, imputlng to the judge of this court | such action as will impair the respect | due this court, Imputing such conduct | as entities me to be 0isbarred, of it be | true. I submit that these idle rumors, which would not deceive a child, can not serve as pretence for deliberate | and wiful contempt of this court and | abuse of me as an attorney and officer of | this court-that somebody told MT. | Hughes and he repeated what this some body said to MT. Dunbar, who repeated | what MT. Hughes said this somebody | had said, to Judge Barnes. I say that | this rumor that no man should act on serves as deliberate, w8nton and 1 violent contempt of this court. Mir. Dunbar is put upon inquiry before he makes an affidavit that this scandalous and hurtful and dreadful charge is true. Judge Barnes, I submit, entities him self to severe punishment at the hands of this court for putting into shape an affidavit he himself says he is ashamed and afraid to file. MT. Hughes has shown bimself to be a wanton busy body in repeating that scandalous matter which affect you reputation and my reputation. He should not stab your honor ard stab me by a charge made on the strength of mere street talk | on the corners"
 The court said:
 I shall not act in the matter of Mir. Hughes without being informed in that | case AS to the other two I have not | the least doubt. From the statement of | MT. Hughes, he did not state to MT. Dunbar that it was fact, but simply | that he had heard it-that it was simply | a rumor. To make an affidavit of that | kind is reckless proceeding, and it was acting without sufficient information to | make a charge of any kind, much less to |