The Colfax gazette. [volume] (Colfax, Wash.) 1893-1932, 1900-09-21

no 3ucn Is the remarkable, tyrannical Init
Wcnanss 9Ietlous' order made by Judge
iTaaad no'u from the bench, in open court
d'u'y' Two minutes after he had suc'
ch"rn u ~ turning loose Hugh BOYLE.
NJ ecu ny onerl1f Canutt with ASSISTING
u olilord and Dan Mcdonald to ca,
Jape rom jan April %. The Judge evil
10y 10y reared LOT the people to know
~ .nins ABOUT the conduct of a case
haon "a q man charged with a felony had
to freedom. Aie court
30 far as The Gazette ia copcornod
ouuse McDonald might as well have
saved the wind necessary to moLo "a akt
o.G I i 11 use IN putting up his own rec
T;lI Inc NaZette will certainly pub
iIsn Che news OF the courts. as we'll no
people. '"o
Inc order was made probably to SUD-
Prosecuting Attorney W. A. Tn'uaD
when Is published below. and which
Charges the court with several +h;nGa
connected with the Boyle case which do
not look well in Judge.
Inman Found in Contempt.
At the conclusion of the reading Of
tins affidavit by Prosecutor Inman JUDGE
Mcdonald was as red in the face as o
lobster. He pronounced Mr.. Inman
guilty OF contempt of court. The pros
ecutOr never turned hair. He was "a
unruttied as a summer sea. The court
wanted to pass sentence then and there
ne was so ungOvernably mad, but Mr..
lnman calmly replied that he would an
sWer the charge at 3 in the afternoon
Before O'Clock rolled around Judge
Mcdonald had his official staff of adyis
ers, Shorty Brown and Thos. Neill. to
announce that the matter of sentence
would be postponed until Thursday.
Then, little later, it was given out that
the ruff1ed dignity of the court would
not be avenged until October 8.
Prosecutor Inman made good his
threat at the close of his affidavit and
had Sheriff Canutt serve notice upon
Mcdonald that writ of prohibition re-
stralning him from further acting as
Judge in the Jail breaking cases would
be applied for.
The prosecuting attorney left Wednes-
day for Olympia to appear before the
supreme court for this purpose.
How the Row Came Up
1t will be remembered that several
weeks ago, soon after Boyle's arrest on
the jail breaking charge, Judge Melon
aid ordered Sheriff Canutt to bring
Boyle before him when no transcript
from the justice court nor no informa-
ton had been filed in McDonald's court.
The Judge had no sjudicial knowledge
that such man was in Jail. Neverthe-
less, he had Boyle brought in and at
once appointed two attorneys for him,
Brown and Neill 1t was when Judge
Mcdonald permitted Brown to go into
the private chambers with Boyle that
Sheriff CanHtt told the Judge in plain
and unmistakable language what he
thought of his actions in the case, and
for which Mcdonald recently fined the
sheriff $50
With the appointment OF attorneys a
writ of habeas corpus was almost i'm
mediately issued. In the hearing which
followed little about the Boyle case was
heard, but the Nessly case. long before
dismissed, was made the subject of much
inquiry by the Judge and his henchmen.
Boyle then swOre to an outrageous lie,
under their questioning, as to what he
saw Nessly do in locking a female pris
Oner in the cell of Jack Leonard in
April, 1897. This was proven outrage
ously false and malicious Immediately
by the Jail, justice and insane hospital
records, which proved that Boyle did not
go into the jail until week after Mrs.
Mcdonald had been taken to the hos
pital for insane.
The habeas corpus case fell through
then, and Judge Mcdonald took it under
advisement until the following day.
Nothing was done and Boyle laid in
jail
BOYLE had been held by Justice Kirk
land to appear in the superior court
September u When that date came
Judge Mcdonald was absent from town
shouting to the people about what
great and good man he is The case did
not come up until the 14th, when the
court ordered the case to trial Septem
Der "a, and had a Jury drawn to try it.
When the Jury came in Monday the
prosecutor moved for dismissal of the
case. but at once filed new information
against Boyle for assisting prisoners to
escape, and included in it James Moore,
Geo. Mansfield and Chas. De France
Bowie was at once rearrested and Moore
and Mansfield were also taken into GUS
tody. The three appeared before Justice
Kirkland, where, with their consent, pre-
liminary hearing was set for October 3,
with bonds of $1,000 each. Mansfield
and Moore furnished bonds, but Boyle
did not and was remanded to Jail.
Another Habeas Corpus.
AS soon as the rearrest OF Boyle was
heard of in the court Judge Mcdonald
ordered another writ of habeas corpus
issued, and Brown rushed down to the
Justice court and commanded that no
further proceedings be had, as there was
a habeds corpus writ out from the su-
perior court Justice Kirkland politely
told Brown that he was not in the su-
peror court just then, but in the justice
court, from which the warrants had
been issued, and proceeded with the
business.
When the case came up for hearing
Tuesday Prosecutor Inman moved that
the habeas corpus writ be quashed. The
court promptly overruled the motion
and the state excepted to the ruling
The prosecutor then objected to the pro.
ceedings, and this was as promptly over
ruled.
sSit Down."
When Prosecutor Inman undertook tC
read a motion Judge Mcdonald ex