Omaha daily bee., 1899-12-10
JUDGE SCOTT TALKS PRISON
Orders One Man Committed to Jail and In
Inmates that Others Ought to Go,
CAUSTlC TRADE AGAINST PREACHERS
sensational Turn In Dodd Hnbcns Corr
pus ProccedinEs-EImer T.. Quiyey
Held for Contempt of Court
Revs. Herring and Mackny.

Judge Scott ordered Elmer p. Quivey,
state manager OF the Nebraska Children 5
Home society, committed to jail yesterday
on account OF alleged contempt Of court
in connection with the Dodd habeas corpus
proceeding. which has been before the court
for some time.
AS soon as the Judge had made the order
relative to Manager Quivey he turned his
batteries upon Rev. r. j. Mackay, rector Of
All Saints church, and Rev. II c. Herring
pastor Of the First Congregational church
To borrow from street vernacular, Judge
Scott roasted the preachers to terra Gotta
tint.
Revs. Mackay and Herring must appear
before Judge Scott Monday morning at 10
o'clock to show cause why they should not
be committed to Jail for contempt
The TRADE of the court was based on a
letter which purported to be from Revs
Mackay and Herring. In substance the let
ter said that in the opinion of the writer's
the Dodd children over whom the habeas
corpus was instituted. will fare better in the
homes provided for them by the society than
they will II given to the parents Benjamin
Dodd and wife, who are plaintiffs in the ac-
ton Judge Scott construed the commrnica-
tion to be an impertnens interferen Y with
the court and for several minutes he dellv
cred himself of words that must have made
the ears Of the good men burn, If there is
any truth in the time honored ear-turning
theory
ME letter was couched in mild language
and according to the Interpretation of a lay
man there was nothing dictatorial about
1t. but Judge Scott did not so interpret, and
after criticising the ministers most harshy,
declaring they were meddling with some
thing that did not concern them and that
they had no right to address the court as
they had done, he ordered Attorney
Churchill, who represents the Dodd chill
dren. to file information against the preach
ers citing them for contempt
The Charge Against Quivey.
The specific charge against Mr. Quivey Is
that as manager of the society he is re-
sponsible for the failure of the sheriff to
produce Marvel and Clara Dodd in court as
oordered by the judge. These are two of
the four children figuring in the case. One
Is at Craig and the other at Alma. Deputy
sherifs who were sent after the children
were informed by the guardians who re-
ceiyed the little ones from the socieiy that
they would not give them up, and the
officers returned empty-handed. So this is
why Mr.. Quivey is held He was not in the
court room at the time the order was made,
but will probably be found in few hours.
This is not his first experience with Judge
Scott for the Dodd case has been in court
a long while, and on September 3, 1885, a
jail order for contempt was issued against
him. The present order instructs the clerk
of the district court to issue mittimus upon
the order heretofore entered 1t is stipu-
lated that Mr. Quivey shall be liberated as
soon as he produces the missing children in
court.
Benjamin Dodd and his wife have ten
children. Dodd is not physically able to do |
common labor and his education and train |
ing are not such as to give him entry to a |
higher line of work Two or three years
ago, when the Dodds lived at Grand Island !
the Nebraska Chldrens Home society in |
restigated conditions and took charge of
the smaller children. Some time later Dodd |
and his wife came into court representing
that they had become able to care for their !
children. Meanwhile the society had found
homes for them. and refused to interfere. 4,
Then came the habeas corpus suit, which Is /,
still dragging along. The Dodds now live
in Omaha.
Attorney ChurchiII Will Act.
Attorney Churchill states he will act on |
Judge Scott's order relative to filing in
formation against Revs. Herring and |
Mackay.
ut is an order OF court" said Mr. !
Churchill "and | have nothing to do but
obey it. The information has not yet been |
drawn up, but it will be, and the ministers |
who wrote the letter will be cited to ap-
pear before Judge Scott Monday morning to
show cause why they should not be com
mitted to Jail for contempt of court"
MIR. Churchill moved the court that COM |
mltment be issued for l.. d. Holmes ex- |
president of the society. on the Sama