The record-union., 1896-06-03
FOR CONTEMPT OF COURT.
Result Of the "BGe'S" Recent Editorial
Criticisms.
Its Managing Editor to Appear on
Thursday and Answer the
Charge.

The trouble between the Bee" and
Judge Catlin's court, concerning its
report Of some testimony in the Tai
rnadge divorce case, has resulted in the
Managing Editor of that paper, c. K.
McClatchy, being cited to appear and
show cause why he should not be pun
ished for contempt Of court.
When Department One opened yes
terday-the Talmadge case being still
on-Charies T. Jones, one of the counsel
for plaintiff-and who claimed to have
been injured by the publication in the
Bee which his associate, J. B. Devine,
and Judge Catlin himself the other day
declared to be an incorrect report Of
Talmadge's testimony-present to the
court an affidavit reciting the facts and
accusing c. K. McClatchy Of the au-
thorship of certain published criticisms
of himself (Jones) and the court. This
publication was declared to be "an
unlawful interference with the pro-
ceedings Of said court in said action,
and is contemptuous towards the said
court and Judge, and the same, in so
far as it charges the said Judge with
prejudice, vindictiveness and falsehood,
is false, scandalous and defamatory" !"
Judge Catlin caused a warrant to be
issued citing Mr.. McClatchy to appear
in court forthwith. When he arrived
the court asked him if he desired to
make any answer to the complaint.
Alvin ]. Bruner, acting as counsel for
Mr.. McClatchy, objected that the war
rant under which he was arrested was
not indorsed with an order for admit
ting him to bail, and claimed that the
arrest was for that reason invalid.
Judge Catlin then endorsed the war
rant and granted bail in the sum Of
800, which was given, A. J. Johnston
and W. J. Hassett signing the bond, and
the case was continued until 1:30
o'clock this afternoon, to give the de-
Tense time to prepare.
The court in the afternoon discharged
the defendant from the arrest, and sub
sequently a new complaint was filed
and another waArant issued, upon
which was indorsed the supposed neces-
sary order to admit to bail, returnable
on Thursday. Following is
THE NEW COMPLAINT.
In the Superior Court of the county of
Sacramento, State of California. In the
matter of the contempt Of Charles K.
McClatchy.
State Of California, County of Sacra-
mento: c. T. Jones being duly sworn
deposeth and saith that on the Doth
day of May, 1896, at the city Of Sacra-
mento, in said county Of Sacramento,
during the trial in the Superior Court of
said county in Department One of said
court, before Hon A. P. Catlin, the
Judge thereof, of a certain action there
in pending, known by the title of Martha
r. Talmadge, plaintiff, VS.. Charles V.
Talmadge and Mary Jane Talmadge,
defendants, there was published in a
newspaper known as the Daily Even
ing Bee" of and concerning the court
and the said Judge thereof, the follow
ing words:
THE Bee will not keep in its employ
a reporter who garbles or misstates.
But when a newsgatherer does his duty
and tells the truth it will not stand 81
lently by while an aggregation Of at
torneys try to make him out a liar, and
while a prejudiced and vindictive czar
upon the bench aids and abets them in
such purpose.
THE Bee reasserts that in all ma
terial details the statement Of Talmadge
as given in the Bee of yesterday was
the statement he made upon the stand
at Wednesday afternoons session. The
Bee viii go farther than that. It will
declare that both the attorney before
the bar and the Judge on the bench
knew that the statement in the Bee
was an essentially correct epitome of
the testimony given by Mr.. Talmadge
at the very moment when they unhesi-
tatingly, shamelessIy and brazenly de-
clared II TO be a gross fabrication. There
IS no paper anywhere that has higher
regard for fair and impartial courts
than has the Bee; but there is no paper
anywhere that has a supremer contempt
than has the Bee for a Judge who will
approve the unmitigated falsehood of
an attorney, as Judge Catlin to-day ap-
proved the brazen misstatement Of
Judge Devine. Attorney Charles T.
Jones said ne wanted a vindication and
yet Judge Devine at the bar and Judge
Amos p. Catlin on the bench combine