Omaha daily bee., 1894-03-25

sr., nor Mrs. Jardine, nor the children, nor
any one except the defendant and his brother
In my life, that | know Of. and | hadn't
seen either OF them for six months previous
TO that conversation.
Q-You say you advised with the court
In relation to allowing the defendant.
Jardine, to depart? A--To be released upon
bond until the September term Of the court.
Odd you at that time know OF a sec
ton OF the statutes Of this state which pro
vides that In case OF a plea OF guilty the
plea shall be entered upon the Indictment
and the accused shall be placed In the GUS
tody Of the sheriff until sentence is pro-
nounced? Al don't know | think there Is
a statute Of that kind.
Q-I asked you II you knew Of that stat
ute? Al hadn't read 1t in reference to
this case. | have a general recollection OF a
statute Of that character.
Q-Since you have been prosecutor you
have had several pleas OF guilty entered,
haven't you? Ayes, sir; quite a number
Of pleas OF guilty.
Q-And you have taken pains to in
struct yourself with reference to your duties
upon the entry OF such a plea? Al always
try to perform my duty.
Odd you read the code or this statute
I'm connection with such cases? Al have a
general knowledge Of a statute Of that kind
being upon our statute books.
Odd you, at the time of your conversa-
ton with the court. inform the court that he
had no power to release the defendant upon
the plea of guilty, but that he must remand
him to jail until sentence was pronounced?
A-No, sir; | did not call attention to any
thing of that kind. | was simply looking
after my part of the duties Of this court. and
relying upon the fact that Judge Scott would
attend to his part.
Q-Isn't 1t a part of your duty to advise the
court when called upon by the court as to
what the statute or the law of the case is?
Isn't 1t a part of the duties Of your office
to investigate those very things, Mr.. Haley?
A-Possibly. Whenever the court asks me
for an opinion or to investigate anything
1 have always tried to comply with the
request.
Odd he ask you to investigate this mat
ter? Ale did not,
Q-How did 1t come, then, that any confer
ence was had between you with reference
to what was best to be done in the case?
Alt was more on the question OF facts sur
rounding the case than 1t was a question OF
law. There was no question of law raised,
as | recOllect IL now.
Q.-HNow did you ascertain the facts? A
Well, | don't know. There is a number of
persons had spoken to me about this case
who knew Jardine and who knew his family
and the family connection and so forth, as
they do in a number Of cases. His attorney
had spoken to me about it and told me what
he knew about 1t.
Q.-Who was his attorney? A.-Mr. Cal
der.
Q.-You had already tried one jointly in
dicted with this man for the same offense?
A.-One Of my deputies had conducted the
case; it was tried under my jurisdiction.
Q.-Then the full facts in relation to the
matter had been ascertained? A.-They had,
yes, sir.
Q.-And the man who was jointly indicted
and who was the servant of this man Jar
dine was already sentenced to five years in
the penitentiary, was he not?
Tho rnurt--YOu need not nSMer t1at,
You have gone as far as / will permit you
to go. You are going outside of the exam
nation by the court. This is a question as
to whether what this defendant wrote is
a contempt of this court. 1t is to that that
you must confine yourselves. You cannot
go out of that.
Judge Dufie-I do not wish to, IL your
honor please.
The Court-You cannot ask this question.
That is ruled on. If you have any other
questions to ask, l will pass upon them.
Judge Duffie-Note an exception.
Q-Who tried the. case of the state against
Smith, jointly indicted with this defendant?
The Court-You need not answer that.
Judge Duf1ie-Note an exception to the rul-
ing.
Odd you know Of a statute of this state
in the criminal code which made a defendant
who had been convicted a prisoner of the
state, and that the state should pay the
charges of his keeping? Ayes, sir.
Q-After conviction? Ayes, sir.
Odd you call the attention of the court
to this statute in advising him about the
matter? r.''
The Court-You need not answer
Judge Duffie-Note an exception, Mr.. Re-
porter. That is all, then, If your honor
please.
The Court-There is one matter l over
looked. Mr.. Witness. Did you have any
conversation with the defendant and one
Mr.. Haynes, when the defendant and Mr..
HAYNES were prpSpnt in yOIIr room with
reference to a communication that you had
sent to The Bee-relative to the article
which you refer to? Ayes, sir.
Q.-When was that conversation with
reference to the disposition of the Jardine
case? A.-Well, it was some time after
ward. 1t was after this article to which |
have referred was printed In The Bee and
| had written a reply to it and had sent it
over to the editorial rooms of The Bee for
publication, and the next morning. sent 1T
over in the evening-and the next morning
Mr.. Percival and Mr.. Haynes called at my
office with the article l had sent over there
in their charge.
Mr.. Simeral-Mr. Haley
The Court-Only one attorney will cross
examine.
Judge Dufie-What was that CONVERSE
ton, Mr.. Haley? AIN this communica-
tion | sent over 1 ended the communication
up with reference to the article in (which I
said among other things that the article
was a libel upon the court in my article,
and Mr.. Haynes wanted the privilege of
erasing that phrase that | used In that con-
%nection. stating 1t was a libel upon the court
that this article was a libel upon the court,
and wanted my permission to change that,
and l granted that permission.
Q.-Is that all the conversation?
Mr.. Simeral-Answer that yes or no.
The Court have already said that but
one attorney will cross-eXamine
Mr.. Simeral-I was merely making the
suggestion.
The Court-Well, you can't do it. Now
you keep still.
Judge Dutie-I asked IL that was all the
conversation you had with reference to that?
Alt was.
Q-During that conversation, didn't you
say to Mr.. Perclval and Mr.. Haynes that
you were going right on to try the Jardine
case when the plea of guilty was entered?
The Court-You need not answer that. |
called out no conversation.
Mr.. Simeral-You asked about a CONVERSE
ton?
The Court-No, | did not.
Judge Duffie-Then what was the use of
your honor's question, IL 1t was not for the
purpose of bringing out a conversation?
The Court-Mr. Reporter, have you any
conversation there called out by the court?
The Reporter think not,
The Court have not asked for any con-
versation.
Judge Dufle-Then that it all, your honor.
Witness excused.
The stenographer of Judge scott's court