The evening times., 1897-02-06
CONTEMPT NOT SHOWN
Manager Albaugh and Lawyer
Ed Hay i'm Court.
DECISION OF JUDGE COLE
There Were Affidavits Galore, De-
mails Innu merable and Mutterings
About Perjury in the Hearing.
A Rehearsal of Actor Mansfield's
Midnight Flight.

Another act in the modern farce, in which
Actor Richard Mansfield, disguised as a
bass-fid'Iler, escaped from two deputies
marshal at the Lafayette Square Opera
House, was play yedthis morning before Judge
Cole, ia circuit court, No. 2.
The spectators were nearly all members
OF the bar The actors were Col. Edwin h.
Hay, Mr.. John W. Albaugh and Attorneys
Frederick D. McKenny, Michael j. Col
bert, Charles j Murphy and James b.
Green. The plot was created by Actress
Ethel Douglass, who seeks to corupeI Mr..
Mansfield 70 pay her $3.50, bat she was
not present at today's proceedings.
Failing TO serve a summons on Mr. Mans
field, the counsel fer Miss Douglass en-
deavorcd to punish the ecter' s lawyers and
friend for hIs escape. To that end rule
TO show cause was issued against Col
Hay and Mr. Albaugh. A conviction would
yindicate the ever-yigilant deputies mar
shal, whose failure has caused much hui
m0rOus comment about the City Hall In
disposing OF the case, Judge Cole declined
to adjudge either gentleman in contempt.
There were affidayits galore and denials
innumerable, but the general impression
prevailed that the whole affair was sorne-
what OF a tempest in a teapot
The question remains, however, as to
who is 1.-The fibDer.''
Deputy Cusick on oath sworc that Mr..
Albaugh said, Il don't give a - for the
court or anybody else"
Mr.. Albaugh, with equal solemnity,
averred on oath that he never made use
OF such an expression or any rem arks that
could be distorted into such a meaning
Mr.. Cusick said Mr. Hay told him that
he represented Mr.. Mansfield, as his counsel,
and the attorney emphaticauy asserted
that he did not say it. Then the Lawyers
insinuated as to perjurer and perjury,
and il was hard to learn who had heard
incorrectly or who had spoken wrongly.
Lawyer McKenney, for Col. Hay, acted
vigorously and ably, but caused much
amusement by an inadvertent admission
that ne expected some day to change his
position from the bar to the bench. Tais
was regarded as a nice display OF conceit,
and reminded all present that Mr.. McKen-
ney, though quite young, once gave Mr.
Biney a fight for the district attorney
slip. The spectators, too, recalled that
James Il. McKenney, clerk OF the Supreme
Court OF the United States, is the young
mans father All this was, as the French
say, en- paSsant, and enlivened the pro-
ceedings somewha
Col Hay arose and talked beautifully
about lis affection for the court and his
honor and in a pretty little speech feelinGly
declared himself innocent of "trunnng
down Deputy Marshals Cusick and Wiiker-
son. He purged himself at the bar OF justice
and his best friends were sorrowful for not
having bouquets with which TO decorate
him after the occasion.
The hearing was begun by the reading
OF the affidavits Of Deputy Marshals VII
kerson and Patrick CBsick and of William
W Kirby ard Edgar E. Helm.
Attorneys Charles j Murphy and NJ. j.
Colbert appeared for Miss Douglass, and
Mr. Murphy read the sworn charges that
Col. I'd Hay and Mr. John ". Albaugh
were guilty OF contempt OF court, in OBJ
structng the service Of the summons on
Mr Mansfield The allegations were the
same as stated in The Times yesterday
afternoon. 1t was asserted that both Col.
Hay and Mr. Albaugh had mislead Cusick
10y the staten ent that Mr.. Mansfield would
accept service.
In reply tothcse charges Attorney James
B. Green read the affidavits Of Col. Hay,
Mr. Albaugh, Mr.. John F. Warner, and
Mr Frederick d. NICK emmy.
The affidavit Of Mr.. Albaugh recited that
on the evening when Mr.. Mansfield was
pla wing "Dr. Jekyil and Mr.. Hyde ne was
hailed by strange man, who said, 'In the
name Of the marshal Of the United States
for the District of Columbia, demand per
mission to go upon the stage for the purpose
of Servinga a summons upon Mr.. Mansfield
Mr Albaugh claims tohave made no reply.
During this occurrence there were present
in the office John F Warner, Charles B.
Cochran, G.. j. Rodriguez, Edwin B. Hay,
Frederick ID. McKenney and William A.
Albaugh, jr.
Mr.. McKenney, answering for Mr.. Al
baugh, told the stranger that at the con-
clusjOn Of tile performance he would be
permitted to go On the stage. The name of
the stranger, he subsequently learned, was
Cusick Mr.. Albaugh denied refusing Cusick
permission to enter tIIe body of the theater,
and claimed that the langua &c accredited to
him was absolutely false.
Col Hays affidavit was to the effect that
lie was counsel for Mr. Mansfield in the
action brought by Miss Sanders, but not
general attorney for tie actor He said
that on the evening in question he went to
the theater, and was accosted by Cusick,
who wanted him to accept service for Mr..
Mansfield.
The lawyer claims TO have refused to do
this, as he had no authority. Col. Hay
denies that he promised and assured Cusick
that Mr. Mansfield would accept service
of the writ. but admits remarking that he
7ssR bsr,tv
service. Such expression did not mislead |
either Deputy Cusick or Deputy Wilker- |