The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-12-01
Disregards Judge Murphy's Order
to Appear and Ex-
plain.
Contempt Proceedings Instituted in a
Divorce Case That the Actor
Tried to Dismiss.

=
| as to declare him guilty of contempt OF
court. which heinous crime carries with
! it possible sentence of five days in the
County Jail and a fine not to exceed $500.
Judge Murphy even went further than
| merely adjudging Mr.. Goodwin IN con-
| tempt, but actually ordered an attach,
| ment for his arrest to issue forthwith.
| If the matter had. been permitted to
rest there and If Mr.. Goodwin had not left
the State the night before he would be
now playing checkers with his nose be-
| hind prison bars.
District Attorney w. S. Barnes, appear
| ing for the nonce as a practitioner In a
| civil suit, asked permission to explain
why his client, Mr.. Goodwin, had not
| obeyed the summons of the court to give
an account of his worldly possessions
pending the hearing of the divorce suit OF
| Nathaniel Carl Goodwin versus Nella II.
| Good win. 1t was admitted that the cita-
ton to appear had been personally served
| on Mr.. Goodwin, but that he intended no
| contempt by his absence, because he had
| been advised that the suit of Goodwin VS..
| Goodwin having been dismissed there was
no cause pending, and that the court had
| no jurisdiction in the matter.
s'Let US see about that" said Judge
Murphy. his manner taking on more
com placent phase, for he seemed glad to
| be assured that no contempt OF court was
| intended.
George B.. Keane, very young man
| with very red face, was sworn as wit
ness and blushed violently as he confessed
| that he was III some degree mixed up IN
the discussion before the court. He said
he had been engaged to act as attorney Tor
Mr.. Goodwin and that he had entered in
| the office of the County Clerk an order of
dismissal at the request OF Mr.. Goodwin.
Being questioned As to his acts in that
regard Mr.. Keane said that on the 18th of
| November he went to the Office OF the
| County Clerk and gave written notice
| that the suit should be dismissed, at the
same time depositng 50 to pay the ex-
| penses of the defendant as required by law.
On this showing Judge Murphy said
| that he would recall the citation to Mr..
| Goodwin and vacate the order of commit
ment for contempt of court until the court
could determine whether the case OF
Good WIN VS.. Goodwin were in fact still
pending, or whether it had been actually
dismissed, as commended by Mr.. Barnes on
behalf of Mr.. Goodwin.
Mr. MePIke tried to read some articles
from the Chronicle and Examiner, in
which it appeared that Attorney Il. Porter
Ashe had cast aspersions on the County
Clerks office, but Judge Murphy refused
| to hear the matter, saying that if the
County Clerk had been hbeled he had his
remedy as against the lawyer and the
newspapers.
1t appeared that the point at issue was
whether the suit of Goodwin against
Good win was legally dismissed. Mr..
Barnes argued that this was so, since the
plaintiff had right TO dismiss his suit
| under the provision of the statute. no
| cross complaint asking affirm alive relief
| having been filed at the time the notice of
dismissal was given.
| George w. Lee, E. J. Taylor, George T.
| Coyey and n. T.. Maison testified that the
| notice OF dismissal was filed on the 10Th
| inst and was entered on the register, but
| that the Judgment was not fully recorded
until the 23d.
ATTORNEY H. L. McPike, representing
| Mrs. Goodwin, said that on the afternoon
of November %, between 8 and 4 o'clock.
| he called at the County CLERKS office
| with the answer and cross complaint and
offered it for filing. He examined the
| record and found dismissal had been
| fled He asked for the papers in the case
and after O while they were found. He
examined the papers and found that the
| Judgment roll had not been completed;
| that the blanks of the date and the page
| of the judgment had not been filled In.
| He therefore went before Deputy County
! Clerk and swore to the answer and had it
| fled. On that showing he declared the
! case was still i'll court, that the court ha
| jurisdiction and that Mr.. Goodwin could
| be punished Tor contempt.
! Incidentally it WAS inferred that the
court would have authority to allow fee
of $1,000 for Mrs. Goodwin's attorneys and
! to grant her allmony penuihg 'he triai OF
/ the case.
Attorney Barnes read an affidavit by
/ Mr. Goodwin III which it was stated that
/ he effected settlement with her year
| ago by paying her $4,000 and compensat-
| ing her for her interest N their household
! furniture.
| formal application of Mr.. Barnes for the
dismjssai of Mrs. Goodwin's cross COM
| nlainI. and the court decided that it
could not be considered at this time.
MIR. Ashe testified that he had advised
| Mr. Goodwin that the case against his
wife had been legally dismissed. He
| thought he was right in that advice. The
talk occurred Sunday afternoon at the
! Palace Hotel
..Did you advise Mr.. Good win not to
| obey the order of this court at this time ?''
asked Mr. McPike.
Certainly MOI" said Mr.. Ashe with a
courteous nod toward the bench.
I'D d you say gooG-by to him when YOU
parted"
well, yes; guess so.
! sAnd you didn't expect to see him
again soon?"
II didn't say So"
What did you say?''
| These were nv exact words. ! said: :
Well, suppose I'll see you in the morn
| ing.
Did you wink when you SAID that?u
"Did he wink?''
well, he looked very drolI."
Mr.. Barnes-Did you smile?
The Court-What kind of a smile9
Mr.. McPike-Not that kind of smile,
your Honor.
Mr.; Barnes-It would cost two bits at
the Palace.
Mr.. Asne-I plead not guilty of that
Kind OF smile, at any rate
30 the attorneys and tie court having
established the entente cortliale 10 their en-
tire satisfaction, there was slight delay
until the lawbooks to the number OF
nearly 2O0 could be brought from the law
library. For three mortal hours the law
yers read decisions and argued points,
after which Jud e Murp promised to