Arizona republican., 1895-07-12
A MERRY TIME Have They Been Having
 at Gila Bend. Legal Circles Twisted
 Out of Shape.
Both the Justice and the Only
 Attorney Under Arrest.
The Latter Committed for Contempt Discharged Under Habeas
 Corpus Proceedings.

Court Commissioner Jordan yester- day reversed Justice of the Peace Lnther Kaltenbach of Gila Bend pre- cinct, by discharging Attorney s. E. Hazard of Gila Bend, who had been committed to the county jail for 100 days for contempt.
 This is the most exciting event of legal character that ever broke the placid surface of affairs in that growing bailiwick. In the course of the habeas corpus proceedings yesterday it was de- veleped that the incident was of 8 most unusual sort. On July young man named Henry Stewart was on trial be- fore Justice Kaltenbach for 8 misde- meanor. He was defended by MT. Hazard and the principal witness against him was Constable l.. F. Patte. son.
 The account of the proceedings were signed and sworn to by seven of the jurors in the case, and was used effec- lively by the petitioner yesterday. According to this account Constable Patteson was examined by the justice himself. Much of the testimony was hearsay and was objected to by Mr. Hazard, whose objections were uni formly overruled. IF reply to a ques- ton by Mr. Hazard. the justice of the peace replied that whatever Constable Patteson said would go to the jury. Later in addressing the jury MT. Haz- gard made statement of decision which he said had been rendered con- corning the testimony by the justice. There was dispste between the law yer and the justice who fined the former $100. There was further dis. pute and the justice arose from his seat with his cane. Bystanders interfered tack was made later by the justice and again the audience successfully inter fered.
 Hazard went to Agua Caliente pre- cinct forty miles below Gila Bend, where he caused two warrants to be issued for the arrest of Justice Kalten- bach, one for assault and the other to compel him to keep the peace, since in the excitement of the assault the Jus. | tice had uttered threat to kill.
 Soon after Hazards departure word got out that he had fled toward Sonora to avoid the payment of the fine. l Warrants for his arrest describing him as fugitive from justice were placed in the hands of special constables who secured the country for the missing | lawyer.
 Hazard returned to Gila Bend on | Wednesday morning from Agua Cali ente. He was accompanied by two of fcers from that precinct, each armed with 2 warrant for Kaltenb bach's ar. rest. Hazard himself found warrant and commitment to 100 days in the county jail awaiting him.
 He was brought here yesterday morning by Constable Patteson and about the same time he left Gila Bend his enemy. Kslten bach, in charge of the two officers. was carried in the op- posite direction to Agua Caliente. On the arrival of Mr. Hazard he immedi. ately began habeas corpus proceedings. In the absence of Judge Baker the mat ter was brought before Commissioner Jordan. The petition was opposed by District Attorney Millay, and Judge Street appeared for MT. Hazard, who also took an active part in his own de- | fense.
 The application WAS based on alleged defects in the commitment, though the whole subject of contempt was very thoroughly gone over. But the weak point was in the commitment. The original judgm ent of the court was fine of $100 without the alternative of 8 jail sentence, so itwas no more effective than judgment in civil case. The jail penalty was an afterthought of the court and the commitment was dated three days after the original sentence. It was therefore invalid and the appli cant was discharged