The record-union., 1896-05-21
FOR CONTEMPT OF COURT.
Judge HinkSon Fines D. ]. Simmons Two
Hundred and Fifty Dollars.
Flores and Barbiere Fined q Like
Sum and the Grand Jurys
Attention Notified.

, Judge Hinkson Tuesday morning to
appear and show how the straw bond
offered for A. Bosquet came to be Sc
cured and offered for his approval, came
up in his court yesterday morning at
O'Clock. Gebert was not present and was
afterwards bfought in under attach
ment.
E. G. Hart said that Mr.. De Lgne had
told him that Charles Heisen would get
up bond. He prepared bond, but
Mr.. Heisen said that he was sick and
had changed his mind, as he did not
want to have any worry. Mr.. Simmons
told him afterwards that he would get
up bond. Witness gave him the bond
| but knew nothing further until he saw
in the paper that the bond had been ac-
cepted and who the bondsmen were.
The court said the explanation was
satisfactory He had accepted the bond
partly because he saw it was prepared
| by Mr.. Hart, and he therefore supposed
it to be all right.
A. A. De Ligne testified that he pre-
pared the bond for Simmons, but never
saw it afterwards. Simmons told him
he had secured two names of Italians
who owned the property down here"
r. j. Dunn testified that he signed
the bond to oblige Simmons. He did not
| know BoSquet. He owned some mining
property that he thought was worth the
| amount of the bond. He was told that
it was mere matter of form and he was
not sworn. He signed the bond in a
saloon. He had not 81 ZOO worth of
property in this State, but considered
| himself responsible for that amount
A. Flores testified that he ran saloon
at Second and L. His partner was Bar
biere. Simmons asked if the place be-
longed to him, and he answered that it
belonged to him and his partner. He
told Simmons that he had no money,
and that the latter said the man who
would go on the bond was worth $780,
600. He considered his saloon worth
S3,OOO although there was only $700
or $500 worth of stock in it, They paid
$500 for it in January, but there was not
much stock in it then. He told Martin
Devine, who asked him If he was worth
$1,000 that he would not take $1,000
for his saloon.
Mr.. Simmons asked to be sworn, as
he had an auction to attend to at 10
o'clock, but the court told him his auc-
tion would have to wait till this proceed
ing was finished.
A. Barbiere testified that he was
Flores partner in the saloon and worth
the same amount He considered the
saloon worth $4,000 Simmons asked
him if the place was his and If it was
worth $4,000, and he answered yes He
was told the bond was for $1,000.
ID. j. Simmons was sworn. He said If
there was anything wrong about the
h0n6 w 70 IL oolya
and Barbiere If they were worth 81, 600,
and as they said yes he had them sign
it. He thought Mr.. Dunn was amply
| responsible.
In response to a question by the
court he stated that he understood Mr..
Dunn to say that his mining interests
in Colorado were worth $4,000 Gebert
told him yesterday that he had with
drawn his proceedings in insolvency
and that he would go on bond for S1O,-
UOO. He did not remember telling the
| court that Gebert owned all the o street
property, and Gebert did not tell him so.
He considered the bond good one.
Martin Devine testified to swearing
Flores and Barbiere that they were
worth $1,000 each. He did not swear
Dunn or Gebert, who had already
signed the bond.
The court said that it was his custom
and that of other Judges, when reputa-
BILE attorneys present bonds, to only ex-
anime into the responsibility of the
sureties, as attorneys are held response
Bile for anything wrong. When the
bond was presented by Mr.. Simmons.
in the middle of the trial, seeing it was
prepared, as he supposed, by Senator
| Hart, he approved it.
| Mr.. Simmons said that one of the
| bondsmen was worth $4,000. and one
OF them owned the property where he
was engaged in business. When asked.
also, if Gebert had not gone through in
solvency, Mr. Simmons answered that
he had withdrawn his proceedings and
| that he owned the o street property.
1t was clear to his mind that Flores
and Barbiere had committed a contemnt
of court, and also bald-faced perjury in
swearing that they were worth $1,000
each. as they well knew that the saloon
was not worth any such amount, and
they should be punished to the full ex-
tent Of the law for it. They must nav
a fine of $3.50 each and be confined in the
County Jail at the rate of So a day till
| paid
a
very embarrassing position. They had
been friends for many years, and Mr..
| Simmons had shown him at various
/ times many courtesies for which he felt
under obligations. 1t was painful.
| therefore, to be placed in this position
| towards him. AS Mr. Simmons had
! himself said, he was solely to blame
| in this matter. He had committed an
outrage upon the court and must be
punished. He would be fined $3.50. with
/ the alternative of one day in Jail for
every 81, and the Clerk would stay the
execution till II m. tomorrow (Thurs-
day..
II will also issue an order to the Clerk
to instruct the District Attorney to pre-
sent the matter as regards Flores and
Barbiere to the next Grand Jury" said
| the Court.
| They may be out of Jail and out of
the way by that time, your honor" said
the District Attorney
THE Grand Jury has been impaneled,
has it not?" asked the court
mot yet" said Mr.. Ryan.
We'll, perhaps it will be well to make
an order of commitment for the par
ties until it is said the court
Mr.. Ryan said he would look up the
matter and let the court know what had
best be done
j. Gebert for whom an attachment
@