Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-07-06
REF USED TO TESTIFY
The Missing Witness in the Safe-Blowing
Affair.
Marion Caczar Sent to Jail by Judge
COIe-OnIy Ninety Days, How
cYer-Her Excuse.

Judge Cole sentenced Marion Caesar.
alias Brandon, the Jackson City witness
who refused to obey the courts subpoena
in the safe blowing case, to ninety days in
jail today for contempt of court.
The young woman, a rather good-looNins
mulatto, and stylishly attired, made Il
statemt Mt to the court, saying that she was
a native of Frederick, Md, and, after liv-
ing here in a house in the Division for q
while. made her way to Harry Candleg,s
Jackson City resort last January. She ad-
mitted being duly served with the courts
subpoena, but denied having been induced
or persuaded by any one to dsobey it. Nor
was she, she said, supplied with money on
which to leave for Richmond, Va, where
she was arrested last Wednesday. She
merely refused to appear, she explained
because Gambler had told her that she
would probably be required to give bonds
for her appearance here or go to jail. Be
ing Unable to give bonds, and not wishing
to be locked UP, she refused to come here.
did not some one tel. you not to obey
the subpoena?' inquired Judge Cole.
NO, sir replied the girl.
Did not some one give you money to so
away on?'
NO, SIR
But did not some one tell you that you
could not be made to appear here?" per-
sisted Judge Cole.
Her Eyes Open.
"Wby, 'Sut' Donaldson told me-" reluct-
antly admitted the girl, that 1 wasn't in
the Washington jurisdiction, and that
they'd have to come over in Virginia after
me if they wanted me- But 1 went away
on my own responsibility"
We'll, 1 do not wish to hear any more
from you," remarked Judge Cole. Il had
supposed that you were too ignorant to UNI
Il, hot h.,f hnn N
imposed upon by some one. But l now see
that you were intelligent enough to realize
what you were doing, and L can clearly see
that you voluntarily and willfully deter
mined to disregard and disobey the court 5
summons. You will, therefore, have to bear
the responsibility for so doing"
The woman's counsel, Thos. l.. Jones, In
sisted that only fear of Imprisonment had
actuated her in running away, and begged
that she be discharged or fined in NOM
inal sum.
District Attorney Birney. however, took
an entirely different view of the case,
claiming that 1t was plainly apparent to to
every one that the woman had willfully
and purposely determined to uisobey the
courts subpoena. Gambler had advised her
to appear and she had refused. She was
a most important witness, and the loss of
her testimony had seriously impeded the
governments case.
In disposing of the case, Judge Cole stat
ed that there could not be more fragrant
violation of law. The woman undoubtedly
knew just what she was doing and that
her refusal to obey the summons meant
punishment. 1t would not do for the court
to overlook such a willful and determined
dsobedence of the courts summons. The
safety of the community demanded the i'm
position of a severe sentence but not the
infliction of only a fine, for that would
probably be paid by some other than her.
self There was nothing in the case. SO far
as he could see, which called for any len
iency Therefore," concluded Judge Cole,
"she must go to Jail for ninety days.
The young woman, who had evidently eX-
pected a more severe sentence, looked much
relieved when she heard the courts SEN
tence, and she was thereupon returned to
jail.