Evening star., 1899-03-30
ATTORNEY MOSS PAYS FINE.
Refuses to Obey an Order to Sit Down in
Court
Was Counsel for Defendant in Q
Speakeasy Case-His Client Con-
victed-Bond Forfeited.

loon and alleged speak easy" on II street
near the government printing office, was
put on trial in Judge Kimballs court yes
terday afternoon. charged with the Illegal
sale of lager beer. Several witnesses were
e<amired. and the jury was respited until
this morning. When the case called
In court today the defendant failed to ap-
pear. and Prosecuting Attorney Pugh re-
marked that Mr.. Brawner had left the city
between two suns. Despite the defendants
absence the court directed that the case
proceed Attorney Moss, counsel for the
defense, had not gone far before Judge
Kimball imposed a penalty of $40 or twen-
ty-four days In jail on him for contempt
because he insisted upon being heard in
support of an objection to Mr.. Pugh's
speech. and also for the reason that he
fused to sit down when ordered to do so.
Judge kimbau had announced that he
would limit the arguments to fifteen min
utes on each side, and this was accepted,
with some reluctance, by Attorney Moss.
Mr Pugh consumed three minutes of his
time in his opening argument, and the
court interrupted Mr.. Moss during his sub
sequent argument to tell him of certain
things to which he could not refer.
When Mr.. Moss time limit was reached
he was given. additional three minutes
Then came Mr.. Pugh's closing. and Mr.
Moss proceeded to object to statements
nlade Dy the prosecutor.
MI Pugh resumed his speech after this
interruption and during his remarks 10 the
jury he referred to the speech of counsel
on the other side as a ''harangue."
Attorney Persists.
Mr.. Moss soon interrupted again. This
time he explained that Mr.. Pugh was per-
nnitted to state things he was not allowed
TO refer to.
Go ahead" remarked the court to Mr.
Pugh. sit down. Mr.. Moss"
II only want to state my objection" per-
Sisted the attorney.
sit down." Judge Kimball repeated.
But. your honor" began Mr.. Moss.
Sit down. Mr.. Moss the Judge COM
nanded. ..or I'll have to fine you"
DO it. then" shouted Mr.. Moss. who had
evidently become excited.
You are fined So
"An right" retorted the excited attorney
put me in the dock; send me to JAIL
Then two bailiffs grabbed the attorney
and hustled him into the dock.
Don't make an ass of yourself" said
Bailih johnson in an un6ertone.
I'm not an ass the attorney shouted
even louder than before. You've got me
in the dock, now put me back in the CELL
An instant later the excited attorney
cell calling for Attorneys Chase and Hew-
lett He was put in cell, and counsel
was permitted to visit him.
When Attorney Moss was behind the
closed door Mr.. Pugh concluded his speech
without interruption, and Judge Kirnbal
charged the jury. A verdict of guilty was
rendered and the court forfeited Brawner's
bond. The court then directed the issu-
ance of a~bench warrant for the alleged
fugitive
Just before taking a recess Judge Kim
ball directed that Attorney Moss be held
in court until the days business was over
thinking he would make an apology which
would avoid the necessity for sending him
TO jail.
Mr. Moss, however, had no idea of apol-
ogizing. He had not done anything wrong
he said, and rather than apologize he would
pay his fine Later in the day he paid in
the money and was released.
The Early Stages.
When the case was called for trial yes
terday afternoon Attorney Moss moved
that 1t be postponed on account of the alb
sence of three important witnesses, who
had gone fishing.
Prosecuting Attorney Pugh objected to
continuance, and said he would admit that
the absent witnesses would testify to what
counsel claimed they would.
Under these conditions the case proceed
ed against Brawner's protest Policeman
Lynch, who was complainant in the case,
told of the investigation he made.
- saw men in the place drinking beer,
he said.
How do you know it was beer?''
Because 1t looked like beer, and
poured from Pabst bottles
Samuel ID. Shuey. resident of George
town, was next called. He said he had
visited the defendants place on Sunday
night and bought beer. He was there. he
said, with relatives, and they had TWO
rounds of drinks.
What did you have?" asked counsel.
Beer" he answered
Was it light dark?"
Light
Witness said there was trouble in the
place and he went after Policeman Lynch.
George W. Shuey gave similar testimony.
After the jury had been sworn Prosecut-
ing Attorney Pugh called the judges at
tention to the fact that one of the-jurors
In the case, William H. Brooker, was the
defendants bOndsman.
Judge Kinball asked Mr.. BroOker why he
had not informed the court of his relations
to the defendant, and he said he thought
the fact that he was the mans bOndsman
did not disqualify him. There was then
nothing. it was said. that the court could
do in the matter. as the jury was sworn
and had entered upon the trial of the case.