Warren sheaf. [volume] (Warren, Marshall County, Minn.) 1880-current, 1894-10-25
JURlSTS CLASH.
Nebraska Judges at War Over the Rose


water Case.
OMAHA, Neb., Oct. Is. Probably
the most remarkable instance Of the
clash Of judicial authorities in the his
tory OF American Jurisprudence oc-
]curred in Omaha Tuesday when the
criminal branch Of the district court,
presided over by c. r. Scott.
was ordered by the other five
judges of the district. sitting as
q court. to transfer to their
docket the case in which Editor Rose
water of the Bee is accused Of libel by
the wife Of ex-Sherif Bennett. This
was the result of motion by Mr..
Rosewater before the five Judges to
have some other judge preside at the
trial since he regarded the prejudice
of Judge Scott as bar to fair trial
before him.
When the court clerk handed Judge
Scott the order of the five judges to
transfer the case there was scene.
Court business was suspended and hun
dreds of people focked into the room
to hear the fracas. In manner indie
alive of half-suppressed passion Judge
Scott said:
I'VE have now met at the crossroads and
I do not propose to take either side, but in
stead, / am going to tread right in the middle
of the road. Here am, an American citi-
zen 81 years OF age, and stand upon broad
gauge platform that will permit me to
| give every man fair and impartial trial.
If did not want to give Rosewater fair trial
the motion might be excused. There is no law
to take this case OF my docket, and it will stay
| there II there IS any monkeying about it
some one is going to be cited to appear for con-
tempt, and think am pretty good authority
4 on contempt"
Tuesday afternoon Judges Hope
well, Ambrose, Blair, Keyser and Fer
guson assembled to the bench for the
purpose of sitting in banc to deter
mine if the Bennett case should
be removed from Judge Scott's
docket.
The judges ordered the clerk to pro-
duce the papers in the case at a. M
to-day and cited Mr.. Rosewater to be
present for trial. When Scott heard
this he at once entered in his journal
q decree multiplying the order of the
five judges and cited Rosewater to APP
pear in his court at a. m. to-day for
trial He further instructed the clerk
that if he attempted to carry the pa
pers in the case from his courtroom
he would have him jailed for contempt.
OMAHA, Neb., Oct. 19.-The most re-
markable situation In the history of
the district court appeared Wednesday
morning when two different judges in
two different rooms were engaged in
hearing the same criminal case. Judge
Scott, known to be a personal enemy of
Mr.. Rosewater, editor of the Bee.
announced Tuesday that he would
certainly insist on trying the Grim
inal libel suit of Sophia Bennett
against Rosewater despite the request
of the editor for a change of venue
and the decision of the five other
judges that the case should be taken
from Scott and tried by Judge Am
brose.
When court convened Judge Scott
took up the case, being upheld and
supported by the county attorney,
and entered upon the hearing of mo-
ton to dismiss, Mrs Bennett declaring
her intention to refuse to prosecute
before any judge other than Scott. At
the same hour Judge Ambrose called
up the case and continued it until 2
/ o'clock.
Judge Scott heard and granted the
motion to dismiss, presented by Mrs.
Bennett, and delivered long declara-
ton of principles, declaring that the
other judges were swayed by fear of
Rosewater, and insisted that the other
judges had no right to transfer the
case from his docket, but that he had
exclusive jurisdiction, and in exercis-
ing this jurisdiction he dismissed the
suit