The San Francisco call., 1897-04-18
TOO LENIEhT WITH
COLONEL F|NIGAN
Marin County'S Sheriff
Cited for Contempt
of Court.
Accused of Failure to Keep
His Millionaire Guest In
Confinement.
Sensational Affidavit Filed by
Counsel for the Wealthy Pris-
oner's Wife.

SAN RAFAEL, CAL, April IA big
sensation was sprung in the Nnigan
divorce casa to-day, when Superior Judge
F. NJ. Angellotti made an order citing
Sheriff Henry Harrison to appear before
the court on Monday TO show cause why
he should not be adiudged guilty of con-
tempt for failing 10 comply with Judge
Angsllotti's order requiring the Sheriff to
I'M prison Peter A. Finigan in the County
Jail and TO detain him therein until he
complied with the order requiring him to
pay a1imony to his wife.
The order citing Sheriff Harrison for
contempt was made upon the affidavit of
Z. j. Crowley, one of the attorneys for
Mrs Emily B. Finigan, the plaintiff in the
case.
In the affidavit Attorney Crowley sets
forth the facts of Finigan's i'm prisonment,
as ordered by Judge AngelIotti, then says
that, Notwithstanding the said order, the
Sheriff of Marin County has failed and re-
fused to comply Herewith. and has been
and still is disobedient to said order"
The affidavit sets forth that Colonel
Finigan has rot been and is not now con-
. fined in the County Jail proper of Marin
County, but is permitted 10 occupy
room under the courthouse, which room
is in part furnished by Colonel Finlgan,
and to and from which the colonel has in
gress ard egress at all hours OF the DAY
and way late into the night.
1t is further alleged that F1nlgan Is
permitted during the day and night 10
absent himself from the courthouse and
go to hotel across the street to partake
OF refreshments, and is permitted 10 sit
upon the lawns of the courthouse during
the dav and evening and be entertained
bV friends outside of the courthouse, and
has in effect never been i'm prisoned in the
County Jail since the order OF commit
ment was made.
Lawyer Crowley then alleges in his
affidavit that the fact that Sheriff Harrison
les failed to imprison the colonel has be-
come q matter of public notorlety and the
subject matter of comment by many per-
sons conversant with the facts, and that
in different interviews with newspaper
men the millionaire has declared that he
was as well circumStanced as If he were at
the Hotel Rafael.
The attorney declares that many per-
sons have said that these proceedings
were a travesty upon the law and an ag
gravation of the contemp: already COM
mitted by the defendant. He charges
that the Sheriff has greatly assisted Fini-
gan in defying the court and refusing to
obey its order.
Upon this showing Superior Judge
Angellotti imm ediately made the order
CltlQS Inc SQeTlu appear on
show cause why he should not be pun
isbed.
Colonel Finigsn was seen this afternoon
by a representative of THE CALL. He was
surprised that the attorney had gone 10
such extremes.
$50 this is like Hotel Rafael" he said,
casting his eyes over the little cell
wherein he is confined. 81 think" he con-
tinued facetiousIy, addressing Under
Sheriff Harmon, that you had better re-
move those pipes from the wall, as 1 may
commit suicide.
at is true" said he, more seriously,
THAT l have gone across the street TO tho
hotel, but the Sherit1 or the Under Sheriff
has always accompanied me. All the
prisoners are allowed the fresh air, and
have been out on the lawn lying down,
where | have read my newspa per, but
this freedom is allowed all the prisoners.
While | was there two other men in the
jail were our also. They were working on
the lawn. Why, even murderer are al
lowed fresh air. Durrant is allowed to be
out some OF the time. They don't expect
me TO be i'll here all the time
The F.nigan divorce case has now be-
come decidedly in interesting. Colonel Fin
igan is said to be worth millions, and
when Superior Judge Angellotti of Marin
County ordered him to pay $3.50 alimony
10 his vile he pleaded that he was with