Omaha daily bee., 1899-06-09
BARLEY CASE MUST STAND
Judge Fawcett Refuses to Allow It 20 Be
Carried Over the Term,
MURD.R TRIAL IS sHaEwDLY lNTERPostO
Shields Calls Criminal Case I'm
which Ransom is Also Counsel
mt the same Hour, but Fnw-
cett stands Pat.

After keeping the criminal bench idle all
week County Attorney Shields called tae
George Ch5llman murder case yesterday
at the same hour that the BARLEY bond case
was set for trial before Judge Fawcett'
Frank Ransom, the attorney for Chollmah'
is ais, one CT the leading counsel In lhe
BARLEY case. Friday ia the last day ct TINS
term of court and neither case can be con-
tInued without carrying 1t over the term.
, This caused most embarrassing sltuatoh'
which was made the most Of by the attor-
news for the BARLEY bondemen to get the
continuance that they have previously been
unable to secure The entire forenoon was
occupied by an insistent effort on the part
of Ransom and his colleagues 10 induce
Judge Fawcett to retreat from his position,
but without result The court stood pat and
declared that he would proceed at once to
empanel a jury.
Meantime Judge Baker was equally anxious
to empanel a jury in the murder case, that
has now been on the docket through three
terms of court lie declared that ne would
not force a man to trial for capital cffense
when one OF his counsel was otherwise en-
gagged, and If a motion for a continuance
was made by the defense he would sustain
It, This was not what Ransom wanted,
however, as it would remove the main con-
tention on which he hoped to force post
punement of the bond case, and after pro-
longel debate in which both judges partici-
pated both courts were adjourned to ?
o'clock Judge Fawcett announced that he
would call for a jury in the bond case at
that hour and Chollmans attorneys were
undecided as to what course they wou d
pursue. Ransom intimated that he might
apply for an injunction against one or the
ether OF the judges to prevent them from
proceeding with both cases at once Judge
Baker stated as positively as had his col
league that in the absence of a motion for a
continuance he would call jury in the MUIR
der case at o'clock and let Judge Fawcett
have the jurors as they are excused.
The bondsmen of j. s. BARLEY and their
attorneys were all present in Judge Faw
cetts court when the bond case was called
I as previously announced. The only excep-
ton was General GOWN who is still In the
east, and Mr.. Ransom Immediately made
another application for a continuance, which
was based on GOWNS absence, the pending
restraining order in the district courc Of
Lancaster county, and the fact that he Is
also counsel in the murder case that was
about to be called in the criminal court
| room The dignity of the Lancaster county
court was never more inssently and en-
! Enthusiastically upheld than on this occasion.
| The attorney appealed to Judge Fawcett not
! TO cast reflection on the coordinate court
by permitting the attorney general to pro-
ceed with the case while the restraining or
der is pending and effectively emphas zed
/ the responsibility that would be incurred by
euch proceeding.
Court Remains Firm.
The court declined to see it that way.
Judge Fawcett declared that as far as the
absence of General Gown and the Lincoln
| restraining order were concerned, these had
been thoroughly considered and disposed
| CT when the previous motion for con-
! tinuance was overruled by himself and
Judge Keysor. If the court was compelled
to wait until none of the eight or nine
| attorneys employed in this case were en-
gagged elsewhere the case could never
| be brought to trial He proposed to go
ahead and impannel the jury, and he be-
licved that by that time General Gown
would be present to conduct the actual
| trial Of the case.
In regard to the injunction, Judge Faw-
cett declared that in his opinion the petit
! tion on which the restraining order was is
sued absolutely fails to state an adequate
cause of action. He did net believe that
| the injunction would ever be granted, and
If tho attorney general wished to go ahead
with this case he was willing to let him
take the responsibility of making his
peace with the Lancaster county court. He
would not consider himself justified in per-
mitting the Lancaster county court to come
| in here and tie up litigation unless there
was solid and adequate ground for such in
terfeTence. He suggested that the Lancas-
ter county Judges were aware that this case
Ntvng d, 1,,IaI
they had been disposed to act fairly towards
this court they would have decided the in
Junction case Wednesday in order to re-
lievo the Douglas county court from en-
| barrassment.
In regard to the murder trial the court
suggested that Judge Baker had called the
| jury in criminal court after the bond case
was begun, and If he insisted on pushing
the case in the absence of Mr.. Ransom the
responsibility would remain with him. He
consequently overruled the motion for a
continuance and called for a jury.
Mr.. Ransom then asked leave to file SUD
Elemental answer setting forth the proceed
ings in Lancaster county and this was also
overruled, en- tho ground that it was in
effect merely another effort to secure a con-
| tinuance.
Assuming the Responsibility.
"Do you mean to proceed to trial with
this case regardless of the restraining order
issued in Lancaster county?" asked Mr.
Ransom
IF the attorney general wants to take
the responsibility, yes"
But | think 1t will be partly the courts
| responsibility" insisted the attorney.
We'll, in that case we will share it,
concluded Judge Fawcett; this case is g7ing
to trial at this term of court and / don't
care to hear any further argument on a
matter that has been decided l am not
acting hastily in this matter. / have talked
1t over with Judge Keysor and we both
agree that this is the proper action to be
taken.'
Further proceedings were delayed by con-
ferences between Judges Baker and Fawcett
and the attorneys with a view to discover
ing some way by which both cases could be
proceeded with. Mr. Ransom wanted Judge
Fawcett to let him so into criminal court
and impannel jury during the afternoon
come back Friday and impannel a jury in
the bond case and then adjourn the bond
case until General CJwin returns and lei
| Ransom proceed with the murder case.
This the court also refused to allow
Judge Fawcett called attention TO the fact
that 1t is extremely improbable that a jury
l1a. l..