The record-union., 1899-11-07
|AFfIDAWTS NOT SUFFICIENT


That Of Tilden Jones Continued by
Judge Ellison Till Next Fri
day Morning.
Two weeks ago Judge John F. Eli
son, the trial Judge of the Austin-Wil-
coxson case, issued citations to Tilden
Jones of Williams, Colusa County, and
DR.. G. B. N. Glow of this city to APP
pear and show cause why they were
not in contempt of court
The citation issued to Jones was on
affidavit made by E. A Davis, wit
ness called by the plaintiff, who de-
posed that he had been approached by
Tilden Jones, who offered him $1,000
and ticket to leave the State until
after the trial of the case
The citation in the matter of DR.. Glow
was issued on an affidavit made by
Mrs. G. w. Jackson of this city, who
deposed that DR.. Glow approached her
with proposition to make her evil
dence less favorable to the plaintiff
and more favorable to the defense.
Yesterday was the day on which the
promptly at 10 o'clock Judge Ellison
assembled the bench and called up the
matter of the citation to Tilden Jones.
rs the plaintiff ready?'' inquired
Judge Ellison.
The reply came in the affirmative.
rs Tilden Jones in court?" inquired
Judge Ellison.
Tilden Jones came to the front from
the rear of the courtroom.
Are you ready to proceed?" queried
the Judge.
mo, SIR replied Mr.. Jones; I'm not
ready. I have no attorney. I have
plenty of witnesses. if could get them
here. 1 have no means to employ an
attorney"
TN give you until 2 o'clock to see
what you can d. said Judge Ellison
will the Court appoint an attorney
for me?" questioned Jones.
mo. sir: this is not that kind of a
CASE replied Judge Ellison. "I1l give
you until 2 o'clock. Appear at that
time"
1.-The case against Dr. Clovis the
plaintiff ready?" inquired Judge Eli
SON.
The plaintiff was ready. Mrs. Jack
son took her seat between Attorneys
Grove L. Johnson and Fulweiler.
rs DR.. Glow in court ?" inquired the
Judge But Dr. Glow did not answer.
and the Court Bailiff called his name
in the corridors. He announced on his
return that there was no response. Five
long minutes elapsed while the Bailif
was making further Investigations, and
then Clerk Pfund drew the citation up
on the court. 1t showed that it was
made returnable at 1890, instead of
10 a. M, and a recess was declared
until that hour.
Attorney Hiram w. Johnson, one of
the attorneys for the defense in the
Austin Wilcoxson case, was not pres
ent but shortly before the time set for
the hearing Attorney A. M. Seymour.
Mr. Johnson's associate, sauntered in
and took a back seat. The attorneys
for George H. Wilcoxson, as executor
of the estate of jefferson Wilcoxson,
deceased, were evidently not greatly in
terested in the proceeding
Shortly before 1870 o'clock DR.. Glow,
accompanied by his attorney, Elwood
Bruner, entered the courtroom, and
when Judge Ellison again assembled the
bench Mr.. Bruner announced that he
was ready to proceed.
Judge Ellison again called Tilden
Jones and notified him to appear at :
o'colck, and then the proceeding against
Dr. Glow went on.
Mr.. Bruner presented a demurrer to
the citation proceeding on these
he a
not conform to the sections of the Code
facts set forth in the complaint, or
affidavit, did not constitute a public Of
Tense; third, that the allegations set
forth by the affidavit did not constitute
a contempt of the court, and finally
that the court had no jurisdiction in
the matter.
Attorney Bruner cited a number of
authorities bearing on the points raised
in the demurrer, to show that an affi-
davit on which complaint for con-
tempt had been issued must partake
of the nature of criminal proceedings,
and that the facts showing that the
court has Jurisdiction must be made
apparent in the affidavit.
Mr. Bruner argued that DIR. Glow
might have asked Mrs. Jackson to make
her testimony more favorable to the
defendant, and less favorable to the
plaintiff, for the purpose of easing her
own conscience. and that the consider
alton he told her she would receive
might have been a moral and not a
money consideration-an approval of
her own conscience He held that, adj
hitting all the allegations in the Aft
davit were true, there was nothing to
show that DIR. Glow did not go to her
with the highest consideration of moral
duty. The affidavit itself showed, he
said. that the complainant herself did
not know what DIR. CLOVIS proposition
meant
Attorney Grove L. Johnson said the
affidavit was made because the attor-
news for Miss Austin considered 1t to
be their duty to do So. Re said the
demurrer admitted that DIR. Glow had
gone to Mrs. Jackson and suggested to
her that she make her testimony less
favorable to the plaintiff and more fa-
vorable to the defense, and that he did
say to her that she would receive a
consideration. He said if it was held
that witnesses could be so approached,
the end of courts was near He was
present to advise the court, rather than
to prosecute the case. He commended
that most of the authorities cited by
the attorney for DR.. Glow did not ap-