Omaha daily bee., 1899-12-20
GETTING CLOSER TO JAIL
Judge Scott Refuses to Grant New Trial for
Revs. Maokay and Herring,
H: ALSO DENIES THEM SUPERSEDEAS WRIT
Preachers Must Now Depend Upon
the supreme Court for Relief
Judge HopcwclI Appears He
fore judge scott.


Judge HopcwcII Appears He
fore judge scott.
theoretically, Rev I. j. Mackay, Rev. II.
/ c. Herring and W. p. Hartford are in jail.
Literally, they are nearer to jail than they
have been since they were declared guilty
OF contempt a week ago by Judge Scott.
This condition is brought about by the
fact that yesterday morning Judge Scott over
ruled a motion for new trial, which was set
! forth at length by the attorneys for the de-
PENDANTS. Immediately after the court had
acted upon this motion the attorneys applied
for supersedeas. This was also denied. This
means that II Judge Scott so desires he may
thrust the preachers in jail pending the is
suing of a supersedeas by the supreme court.
! There seems to be no doubt that the supreme
! court will grant the supersedeas--Judge
/ Scott himself so admits-but ii will require
several hours to reach Lincoln and TO go
through with the preliminaries Mean
while it is within the power OF
! Judge Scott to put his victims behind the
bars. Whether he will do it, or permit them
to retain their liberty, nobody knows but
Judge Scott
In passing upon the motion for new
trial, Judge Scott made positive ruling on
each of the several points set forth.
you say erred in not asking the preach
ers what, IL anything, they had to say why
sentence should not be pronounced" said
the court to the attorney who argued for
a new trial.
Yes, sir, we believe the defendants should
! have been questioned before they were
sentenced" replied the attorney.
Very we'll then" said Judge Scott "if
you think the defendants were denied right
due them l will suspend judgment and call
| them before me. Then | will ask them what
| they have to say, and after going through
that formality, | will re-nstate the judg
ment of the court just as it now stands"
The attorney couldn't see anything to be
gained by that, so he let the motion drop
and asked for the supersedeas. In refusing
to grant it, Judge Scott said he never had
granted a supereedeas and he would not
now begin.
You can get it from the supreme court"
said Judge Scott, although that body has
not the legal right to issue it. 1t has the
power, but not the right"
Then Judge Scott reviewed other con-
tempt cases in which people have been sent
to Jail by him and in which the supreme
court interfered. This gave opportunity for
Judge Scott to say that he has never had
any respect for the decision in question and
that he has always believed the supreme
| court was influenced by the high standing
of the men involved
THE supreme court is only human" said
the Judge and he twisted his mouth and
shrugged his shoulders in a significant man
ner as he said it.
| In the event the preachers are sent to Jail
they will remain there but few hours, for
the supersedeas. which is regarded as a GER
tainty from the supreme court, will give
| them release.
| Judge NJ R. Hopewell, who formerly sat
on the bench of this district court, appeared
before Judge Scott yesterday morning In
| answer to a summons.
| Your honor, l understand l am wanted
| in the Dodd case as a witness, and l am
| here ready for action" said Judge Hope
we'll, ,.,...
I'VE will take up your case at o'clock"
said Judge Scott
| Attorney Churchill representing the Dodds
| in the habeas corpus proceeding said:
| Judge Hopewell is mistaken; he is
wanted here as party to supplementary
proceedings, not as witness"
Il did not SO understand" said Judge
Hopewell.
II said we would take up your case at
o'clock This was from Judge Scott
Shakes Hands with HopewcI.
Promptly at o'clock Judge Hopewell
appeared in court. having spent the noon
| recess in examination Of the papers in the
case. Judge Scott announced that he would
pass over all side issues for the time being
and enter into hearing of the habeas
corpus case proper with reference to the two
Dodd children who are in court postponing
| action on the absent ones until they are
| brought before him. No action was taken
/ md IJnpawpll uhn ctr
cused Of rendering advice to the keepers
of the absent children, contrary to the or
! ders of the court, until late in the Afternoon,
| when Judge Scott left the bench for a mo-
ment and had a short private talk with
! Judge Hopewell. AT the close of the inter
view The two judges shook hands and Judge
Hopewell left the court room. He will be
called "A witness later on.
The afternoon was taken up in hearing
the evidence of Benjamin Dodd and his
wife and in reading letters which are said
| to have passed between the Dodds and the
officers OF the Chldrens Home society
The Dodd children were also questioned
and Judge Scott made them sit with their
backs to the audience, in order he said, 10
prevent the possibility Of interference or
prompting on the part of friends of the So
ciety,
"A few days ago when these children were
testifying," said the court, some people
in the back part of the court house nodded
their heads and made other signs. We
don't want any more Of that"
The testimony was simply a reiteration
of what has been brought out before.
At the close Of the day in court the de-
fendant preachers and Mr.. Hartford were
still out of jail and one Of the attorneys
was on his way to Lincoln to get the su-
preme court to issue the supersedeas which
is to end the possibility of a Jail sentence,
at least until the case is reviewed by the
higher court.
MANDAMUS AGAINST MIR. PENFOLD.
Slabaugh Orders Him 10 Singn Con-
tract or Explain in Court.
Judge Slabaugh has issued writ of
mandamus directing Henry j. Penfold presi-