The morning call., 1893-10-20
WOULD NOT OBEY.
Alfred Clarke Committed
!. s: II. for Contempt.
that OBNOXIOUS SCHEDULE.
An Eloquent Plea for Justice That
-. -. Failed to Find Favor With
e
- Judge Murphy.

: Counselor Alfred Clarke and Judge
Murphy of Del Norte had little differ
ence of opinion yesterday which resulted
in the counselor passing the silent watches
of the night within the cherries walls of
the County Jail.
The trouble arose out of the insolvency
proceedings recently taken against Clarke.
: fhe attorneys representing the creditors
Professed themselves unable to proceed
anv further with the insolvency owing to
Clarke's unwillingness to file schedule
of his assets and liabilities. Under the
circumstances no assignee could be ap-
pointed. and Judge Murphy was appealed
70 last week. The result was that Clarke
was peremptorily ordered to file his sched-
ule by noon on Monday, October Is.
The worthy counselor took not the slight
est notice of the courts order, and on De-
tober IS he was served with summons
ordering him TO appear in court the follow
ing day and show cause why he should not
be: punished for contempt of court.
Yesterday morning Clarke appeared in
:courtjn answer TO the summons with his
coat pockets stuffed with papers and his
arms full of books When the case was
cal led. Clarke moved to dismiss the con-
Tempt: proeeeengs on technical and other
grounds: he said that in the first place
he. had an appeal pending from the first
order OF the court IN these proceedings,
i nd IN consequence the jurl sdiction OF the
.ssup4rieF Court was vanished and gone
up. p, :Seeondly, the order directing him to
;: file the schedule was not served on him
person ally.
:<%1'Aeil~: again, with regard TO the con-
;te1npt proceedings Clarke said that the law
: reQulFed that such papers should be issued
by THE County Clerk and served by the
Sheriff. This had not been done. Also,
The nroeeedlngs must be taken out in The
iaTne of the People of the State OF Califor-
II Ia This had not been done. ANY way.
Clarke wanted to take another appeal 10
THE Supreme Court and in the meantime
give bond for the faithful performance
Of his obligations. This and all the rest of
his argument was read from TWO elabor-
&tely prepared affidaVits.
y our Honor" be said in conclusion,
"Alfred Clarke comes here in obedience TO
an order of The court, and prays that he
may be released from this useless persecu-
ton"
!: Attorney Olney opposed Clarke's appi-
cation. He started to read from tine aft
dayit of George p. Thurston, one Of the
creditors, on which the order to show cause
. was Issued.
May it please the court" interrupted
= Clarke, Il don't want Olney TO read that
:. Munchausen-like thing. We've heard it
all before"
Olney replied that his clients had no wish
. to: punish Clarke, though he rcnly deserved
~.ft. But it was absolutely necessary to
have a schedule and inven tory Of his
assets aud liabilities, and if Clarke per
sisted in his refusal to produce this it
would be necessary to punish him. The
.eredHers claimed that Clarke was using
;: his property all this time, and was con-
. &c aling it with the view of defrauding his
creditors. Great damage will be done to
his estate if an assignee were not at once
;. appointed. Added TO that, Clarke had