Omaha daily bee., 1899-01-17
JUDGE GORDON IS REVENCED
Fines Police Captain Her and Orders Him
to Jail.
COURT POSES AS AN INJURED INNOCENT
Fakes the Law in His own Hands and
Passes Upon a Case Wherein
He Contends that He Must
Maintain Dignity.

Police Judge Gordon fined Acting Captain
d. w. Her $40 and costs and sentenced him
to serve ten days in the county Jail for con-
tempt of court In failing to obey an order
for the production Of a prisoner In court on
December 81, 1898. Assistant City Attorney
Scott, who represented Captain Her, asked that
the sentence should not become effective
until Tuesday morning, as the case might
be appealed. and the court granted It. The
appeal bond was placed at 500.
When the case was called 1t was found
that Sergeant Whalen, who served the order
to produce Louis Nelson In court and which
Captain Iler disobeyed. was not present.
Judge Gordon asked Mr.. Scott If he would
admit the service OF the order and that
Captain Her disobeyed 1t. In order to save
! time Mr.. Scott said he had no objections to
doing SO.
No evidence was introduced. Judge
| Gordon stated that the information set forth
that Captain Her was guilty of contempt In
forcibly ejecting him from the office. He
had gone there in the performance Of
| judicial duty and with no desire to NEEDLE.
He had released Louis Nelson on bond when
he was arraigned to answer to the charge
of petit larceny. Then he was re-arrested.
The city prosecutor said no complaint had
been brought to him for filing and he had
no charge to make. The court officer had
stated that there was a charge Of vagrancy
and OF being a suspicious character against
| Nelson. 1t was to learn II this was true
that he had gone downstairs to inspect the
record. This record was a part Of the court
and open to every citizen for inspection. In
closing the Judge said:
Whatever charge may be made against
- L.k Il Haxa ham dis
courteous to the police officers. 1 have al
ways treated them in a gentlemanly way
The defendant and l were on good terms
and I know .of no reason why I should have
ben set upon and insulted in the manner
was. 1t is not my purpose or policy to instruct
the officers. Each policeman is supposed tc
have a copy Of the regulations in his pos
session and to know Its contents. 1t Is the
duty OF the chief of police to see that they
are instructed in their duties"
Mr.. Scott spoke at some length on the
questions to be considered. He referred to
a section Of the statutes wherein 1t is ex.
plicitly stated that a police judge may fine
or imprison persons or officers for failing
to serve processes or orders for the court
or for some act Of contempt while the courl
is in session. The forcible election Of Judge
Gordon from the Jail office, In
his estimation, could not be con.
tempt, because it was not in the
court room. II the statutes were plainly
construed, court was not In session, con-
sequently there could be no contempt. The
failure to comply with the order to produce
Nelson could not be considered contempt. be.
cause the order was addressed to ID. E. Her
and no such person is on the police force
Neither was the order a process. 1t was
simply a request. Besides an affidavit sworr
to by one cognizant Of the facts must bt
sworn to and filed before a citation can bs
issued. This had not been done. The order
in the first place was not served by a duly
deputized officer. In 6act, he held there was
no evidence before the court to show thai
the defendant was guilty Of contempt, con-
sequently he did not believe the court woult
hold defendant guilty.
After a brief recess, during which Judge
Gordon consulted his attorney, he stated
that his construction Of the statute made
defendant guilty, as he had plainly violated
the law in failing to obey an order served
by the sergeant, who was an officer Of thu
court itself. He babe Captain Her to stant
up and assessed the fine Of $40 and penalty o
a ten-day Jail sentence. \