Arizona republican., 1893-11-02
IN CONTEMPT.
MeSSrS. j. o. Dunbar and
J. H. McClintoCk.
Cited to Appear Today
Before Judge Sloan
And Show Cause Why They
Should Not Be Committed.
The Cause Lies in Comment upon
the Court Which Appeared in
the Gazette Last Sunday.

the Gazette Last Sunday.
Sheriff Scott of Pima county arrived
in the city yesterday, with cita-
lions from the district court of
Pima county for Editor John
o. Dunbar and J. H. McClintock, busl-
ness manager of the Gazette, to appear
before Judge Sloan today and show
cause why they should not be commit
ted for contempt of court. Both gen.
tlemen left for Tucson last night.
Before leaving they were seen by
REPUBLICAN reporter in relation to the
latest phase of the proceedings against
them.
Said Mr.. Dunbar: 81 am not in
formed as to what particular article IN
the Gazette is made the basis for sup
position that we are in contempt, but
this is probably it," and he showed the
reporter copy of the Gazette of the
date of Oct. 20, containing a special
dispatch from Tucson relating to the
proceedings against him and Mr.. Nc
Guiding paragraph is as follows:
Though there appears little chance for JUS
tice in the Cameron court, yet the attorneys
are hopeful of securing jury of men here who
will give the case fair consideration"
''The Dispatch" continued Mr.. Dun
bar, twas sent by Mr.. McClintock, but
l saw it Immediately before it was
transmitted and this paragraph was no
part of it; that was attached by some
one after it reached the Gazette Office.
"And," turning to the editorial page
of the same issue, "here," said Mr..
Dunbar, lis something to which the
court may object:
"The day is not far distant when Cameron
courts and HeneY blackguards will take back
seats and decent men will assume control OF
affairs in this territory"
81 may say" he continued, that
this was written and published without
my knowledge, but that will make
little difference with the court. l am
responsible for what appeared in the
paper and l don't suppose that my
ignorance of the publication will cut
any figure in the decision of Judge
Sloan. By the way, the Indictment
against me and Mr.. McClintock for
libel should not include McCllntock who
has had absolutely nothing to do with
writing the Objectionable articles and is
in no way resposible for their publica
ton. He is only an employe OF the
paper and is not employed in an
editorial capacity. l think the case
against him will be nolle pressed when it
comes to trial.
SIN explaining McClintock's status I
ana led to another subject. There is
misapprehension concerning the owner
ship and management of the Gazette.
Many persons still associate Sam Webb
with it, but he sold his interest to w.
T. Smith and J. L. B. Alexander last
May. Mr.. Smith is now president of
the company and Mr.. Alexander a
director. Both these gentlemen whose
interest in the Gazette is active, you
know, were formerly charged with hold
ing views with which the Gazette did
not coincide.
This was not 30 in the sense which
those who made the charge meant it to
be understood, and if it were, it can
easily be seen that, the so-called fac
tions or wings are now thoroughly
united.
"I'm not troubled about this con-
tempt proceeding; I may be annoy
ed but whatever happens the course of
the Gazette against the administration
will be unchanged in spite OF the courts.
1 am satisfied from my knowledge of
the people of Pima county that l can
have a fair trial there before a jury but
l do not think that in a matter to be de-
cided solely by Judge Sloan that strict
Justice would be administered to me-"
Lawyers are inclined to regard the
charge of contempt in this case as seri-
GUS. While every court is sole judge of
what constitutes contempt and from
whose decision there is no appeal, the
particular paragraph above quoted is
decided by the books to be contempt.
The conduct of court in any case
cannot be criticized by newspaper be-
fore or during trial, though it may be
even unjustly assailed after such trial
and the courts only remedy lies in an
action against the newspaper for crimi-
nal libel.
A statement that the offending criti-
cism in contempt was published with
out the knowledge of the person cited
to appear is not of weight unless it ap.
pears that the authority for its publica-
ton is denied as soon as possible after
it's appearance. Silence is presumed to
be an approval of the sentiment ex
pressed in the Objectionable publica-
ton.