The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-08-04
.EGAN FLAYED GALDCk
VETERAN JUDGE OPENED UP ON
THE INTRENCHMENTS OF THE
COURT COMMISSIONER
HOT FIRE OF CAUsT1c WIT
But the ACourt Orders That John
Kir W Pay a Fine of $25
Ar Serve Thirty
Days.

nounced 1t did not stop court commas
sioner Gallick from filming John Kirby Sr.
$25 or twenty-five days in the county jail
for contempt of court for failing to pro-
duce the child, Gertrude Kirby, in court
The proceedings in this case have been
very unusual, and have been watched
with interest. The contempt proceedings
yesterday were the outcome of the habeas
corpus proceedings Instituted by Mrs.
Mile Kirby in her effort to secure the
possession of her three-year-old child,
Gertrude.
The hearing yesterday afternoon de-
Veioped sharp tilt between Judge Egan
ana Court Commissioner Gallick, and for
While 1t furnished as much amuse-
nent Tor the spectators as a comic show
would at one of the local pIayhouses.
Judge Egan again appeared specially for
the defendant John Kirby Sr., against
Whom the order to show cause why he
should not be fined for contempt of court
and which was made returnable yester.
gay afternoon at o'clock before Court
Commissioner Gallfck
'uGse Hgan submitted an answer signed
oy Egan q Story, and addressed Court
Commissioner Gallick as follows: Your
ioiioI' III the case Of the State of Mime
80 On Ihe relation of Mile Kirby, etc.
against John Kirby Sr, upon reading
your honor's order, we present the follow
Ing answer: 80 "
les Isespondent herein again specially. an
pf"t - anu protests against the jurisdiction
- Inc Inc court, asks that all proceedings
~ IHS ABOVE entitled matter be vacated
ana discharged, and further specially al
reyes IN his special appearance on the
question Of jurisdiction that the honor
dpIe court commissioner is NOT learned in
as judge. ~ "eS
seeond-That the district court of
ramsey county Is composed of six (6)
urges. That the honorable court com
missioner assumes the prerogative of the
seventh judge with ALI the members of
the bench being present and residing In
the county, capable and willing to act
InlrdINot waving the question involv-
ed IN the special appearance heretofore
leges: -'O
That If writ of habeas corpus was
ever issued by any competent authority
he has complied with the same
mat the child, Gertrude Kirby. was
never in his control, or possession, but
in the possession, control and custody of
his son, John Kirby Jr.
That respondent not fully deciphering
the papers served whether 1t was John
Kirby Sr. or John Kirby Jr. presented the
child, Gertrude Kirby, in Room 26, court
house, and in so far as he could under
stand the writing of the honorable court
commissioner complied Herewith.
That John Kirby Jr. was in said Room
26, Mrs Kirby, the respondents wife, be-
ing also present, and respondent has no
further knowledge in the premises ex-
cept the presentation of the child. Ger
trude, in and to the honorable court COM
missioner.
That from that time he lost all custody,
if he ever had any, control or possession
of said child, and has not now, nor never
had any possession, control or custody of
said Gertrude Kirby. -
That respondent diSclaims any viola
ton Of any order in said proceedings and
alleges that no contempt of any person
was ever committed by affiant and states
that under section 6157 of the statutes of
the state as follows: when. the con-
tempt is not committed in the fmme
date view and presence Of the court
an affidavit or other evidence shalt be
presented to the court or officer of facts
constituting the contempt.
That no such affidavit or evidence was
ever presented or filed, nor are any f.es
or papers whatsoever now in the office of
the clerk of the district court OF Ram
sey county.
Wherefore, he asks 70 be discharged
and relieved from any further orders of
the honorable court commissioner, and
asks for his costs and disbursements.
Judge Egan-I desire to file that with
your honor. 1t is sworn to by the re-
spondent (handing the paper to the court
Whereupon the following dialogue en-
The Commissioner-Your motion is de-
MED.
Judge Egan-I have no motion to make.
Judge Egan-What is the courts ruling
on the answer?
''The court ruled on the answer"
1.-THE answer is presented, sir"
Commissioner Gallick-I understand. In |
sufficient answer. Not in compliance with |
John Kirby Sr. appear today at o'clock |
before the court commissioner, Room &c, |
court house; he was ordered to do so.
Does your honor read the statuteS?"
boI 7 m familiar with that mart - |
you are?"
Commissioner Gallick-I have also the
constitution.
Judge Egan-Sir?
Commissioner Gallick-There is also the
constitution you can have to look after.
The constitution covers this entire |
Kirby ST.. SIS for contempt of court or |
twenty-five days in the Ramsey county |
jail state of Minnesota.
Judge Egan-What are you reading
from?
Commissioner Gallick-No. am reading
from nothing.
Can't you give us an opportunity for /
hearing2
ed go 80 -
''Have you read the Goth Minnesota?"
81 want you, learned counsel, to pre- |
sent argument to me. You present argu- |
ments before me. If you want any argu-
present them before this court The court |
doesn't see any reason why he shall cite
law for the learned counsel"
would your honor permit me to see
the name of the person who served the |
papers?"
You shall see all this
HE claims he was deputy sheriff"
Commissioner Gallick--John Kirby Sr |
IS called. No response. Failure to show
cause why he should not be fined for con- |
tempt of court I therefore fine him
Your honor, will you find any affidavit |
of Williamson there Throwing the paper |
down before Commissioner Gallfck)?
Commissioner Gallick-I therefore fine
him $25 or twenty-five days in the Ram |
sey county jail, Ramsey county, Mime
sofa.
Where's the affidavit of personal serv-
THAT is all that is necessary point
Ing on paper which the attorney threw |
down before him.
Where is it?''
There 1t is. It is made by him"
Where IS the notary public's scalp
Hes SEAL 80
=, oh. Lord, heavens! Am I lost to all
'It doesn't have to when he signs #
before the court commissioner; it doesn't |
have to-" e'i-
mo such court commissioners sigma
ture' % ia
II haven't acknowledged 1t vet
give me that paper (Referring to tho |
paper which the court commissioner had
In his hands) 1t hasn't been sworn to
It hasn't been served and no living man |
has sworn to that"
Commissioner Gallick did NOT conon1x, |
with Judge Egan's request
Judge Egan-What do you mean? Give
me that paper iNo
- Commissioner Gallick-That paper you
Il can't have?"
NO