The record-union., 1896-06-06
A FINE OF FIVE HUNDRED.
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| OF June, and filed, first, demurrer,
which after being argued and heard,
was overruled, and thereupon filed his
| answer. The said affidavit of Charles
t. Jones and the said demurrer and
answer are hereby referred to and
made part hereof. Afterward, on the
same day, the court investigated the
said matter. and heard and considered
the said affidavit and said answer, and
evidence introduced in relation there
to, and after such hearing and in
vestigation took the matter under ad-
viSement.
And now, here on this 9th day of
June, 1896, the said Charles X. Nc
Clatchy being present, the court finds
and adjudges that each and all of said
matters of facts alleged in said affi-
davit of Charles T. Jones are true, and
that all of the matters of fact alleged
in said answer, in so far as they con-
filct with said affidavit and with facts
hereinabove stated and found, are un-
true.
1t is therefore adjudged that each
and and all of said publications are
contemptuous toward said court and
Judge, and tend to, and were intended
TO degrade said court and excite public
prejudice and odium against it, and
were unlawful interferences with the
proceedings of said court in the trial
OF said action. Wherefore the said
CharleS K. McClatchy is adjudged
guilty of the contempts of this court
charged in said affidavit of C. T. Jones;
ana 1t is further adjudged that said
charles X. McClatchy be and is hereby
hned in the sum of five hundred dol
lars, and be imprisoned in the County
Jail of Sacramento County until said
line is paid, one day for each two dol
lars of such fine remaining unpaid
THE MATTER OF BAIL.
Attorney Reddy asked the court to
amend the decision by stating that the
court had refused the defendant the
right to present testimony to prove the
correctness of their answer to the COM
plant.
Judge Catlin declined to amend the
decision, to which the defense noted
an exception.
Mr.. Reddy then asked if Judgment
would be at once entered. Judge Cat
lin replied that it would and in regard
to the matter of bail, he would say
that the defendant was entitled thereto.
Attorney Holl here took a hand in
the discussion, and said he did not un-
derstand how bail was to apply. If
the defendant was admitted to bail, 1t
would be for what? If an appeal were
10 De taken he would be entitled to it,
but this was not proceeding in which
that course could be pursued
Mr.. Reddy said the defense did not
have the absolute right to bail, but that
the court could, in it's discretion, grant
| It, AS he had stated in the morning,
II only fine had been imposed they
would not have the right to bail but if
Imprisonment We're added it would then
| De matter in the discretion of the
court In all cases where a convic-
tion follows there is no absolute right
| to bail
Attorney Holl asked: What are you
going to do in this case? You haven't
appealed, and there is no appeal in
case of this kind
| Mr.. Reddy-Our position is this: The
court has ordered that the defendant
be admitted to bail, and
The Court did not make such an
order. 1 merely said that the defend
ant might be admitted to bail. There
| can be no bail without a bond.
| Mr.. Reddy said they desired to test
the jurisdiction Of the court by pro-
| cess of certiorari before the Supreme
Court They were willing to give bond
that the judgment would be carried
1 n he ;~~l
tain it. It was a matter entirely with
IN the discretion Of the court to admit
the defendant to bail until the oues-
ton should be determined by the Su-
preme Court
Judge Catlin said he recognized the
proprlety of allowing bail in this case.
The defense could not appeal, but it
could go to the Supreme Court on a
writ of certiorari
| Mr. Reddy said they could not get
to the Supreme Court for several days,
and in the meantime the defendant
must go to Jail unless admitted to bail
Z. L. Jones suggested a stay Of judg-
ment until the defense had time to take
the case to the Supreme Court.
| After some further talk over the
matter, Judge Catlin said he could
have the bond so prepared that the
matter might go before the Supreme
Court at the earliest possible day.
| Mr.. Reddy said they would need
several days, and Judge Catlin replied
he would give them ten.
This was satisfactory to the defense.
and Mr.. Reddy then asked what would
be the amount Of bail.
Judge Catlin said 81 900 would do.
ana at Mr. Reddy's request Mr. Nc
Clatchy was allowed to go on his own
recognlzance until o'clock. Before
that hour the matter of bail was ar
ranged, and the case ended so far as
the local court is concerned.