The record-union., 1893-04-18
Was IT CONTEMPT?
Judge CatIin Creates a Breeze in
Court Circles.
He Charges District Attorney Ryan
and the Sherif7s Deputies With
Contempt of Court.

Yesterday morning, shortly after Judge
Catlin opened his court, he asked if DR..
q. II. Graham was in the courtroom.
He was handed the return of the writ
he had issued on Saturday, in which
Deputy Sheriff Hendricks stated that he
did not have Graham in his possession
when the writ was served upon him.
The writ was received at the Sheriff,s
office at 4:l5 in the afternoon and was not
served upon Hendricks until he was
nearly home from his journey to Elk
Grove. with his prisoner, as detailed in
yesterday mornings paper.
Judge Catlin stated that he had been
informed that the District Attorney had
advised the Sheriff to re-arrest Graham
in the courtroom Immediately on his re-
lease on Saturday morning, on writ of
habeas corpus, and added that the return
OF the writ was not sufficient. He then
read Section 1863 of the Penal Code, re-
lating to writs Of habeas corpus, and de-
clared that District Attorney Ryan and
the Deputy Sheriff had laid themselves
liable for contempt. The section reads:
EVERY person who either solely or as
member of the court knowingly and
unlawfully recommits, imprisons or re-
strains of his liberty for the same cause
any person who has been discharged
upon writ of habeas corpus is guilty OF
misdemeanor."
MUST SHOW CAUSE.
He told District Attorney Ryan that in
defiance of the law, and in contempt of
court, he had advised the arrest of Ora
ham, and that the court would appoint q
time for him and the Deputy Sheriff 10
appear and show cause why they should
not be punished therefor.
RYAN DID NOT so ADVISE.
| The District Attorney was surprised at
the Judges action, and said that all that
he knew about the matter was that he
learned that the Sheriff of San Joaquin
had warrant for Graham's arrest He
asked the Deputy Sheriff on Saturday if
he had the warrant, and was answere in
the affirmative, but he did not advise
Graham'S arrest.
Judge Catlin declared that the San Joa-
gum authorities had no right to have
Graham rearrested.
District Attorney Ryan disagreed with
him, and said that Graham was not re-
arrested for child-stealing, but for abduc-
/ ton.
The Judge declared he should inyesti-
gate the ALTAR, and Ryan protested him
by his honor or anyone else, and at any
time.
THE COURT IMPLACABLE.
| Judge Catlin would not consider the
matter according to the District Attor-
ney's ideas, but insisted that child-steal-
ing, kidnapping and abduction amounted
to the same thing, and that therefore a
| contempt of court had been committed.
and he should notify all the parties con-
! cerned when to appear before him to
answer.
/ In the afternoon, after the court had
convened, the Judge directed a. L. Hart.
Graham's counsel, to prepare the neces-
sary papers citing f. u. Ryan, NJ. Fay, s
j. Rooney and w. c. Hendricks to ap
pear before him on Thursday morning
and show cause why they should not be
punished for contempt of court.
He also directed that Sheriff Cunning
ham, the Stockton Justice who issued tie
warrant and Graham be subpenaed as
witnesses.
WHAT RYAN SAYS.
! The District Attorney says that he was
not consulted in reference to the matter,
and thought the Judges action was based
| upon preJudiced statements from the
| other side. He could not see that there
was any contempt in the case. Graham
was not arrested in the courtroom-he
was arrested and the warrant read to him
in the Sheriff IS office, and the charge was
a distinct and separate one from that on
which he had been examined and from
which discharged on habeas corpus.
The action of the Sheriff's deputies was
simply assisting the Sheriff of San Joa-
quin County, and the Sacramento au-
thorities had nothing to do with the
charge of abduction. The warrant was
San Joaquin warrant, and the prisoner
was in the custody of Sheriff Cunning
ham before the second writ was issued.
The warrant was issued at Stockton.
November IL, 1892, and has been lying in
the Sheriff IS office for some time, await
ing service, if necessary.