The Colfax gazette. [volume] (Colfax, Wash.) 1893-1932, 1900-09-21
HOT SHOT FOR THE JUDGE,
Why Inman Was Adjudged To Be
In Contempt.

In the superior court of the state OF
Washington, in and for the county OF
Whitman. In the matter of the apDli-
cation of Hugh Boyle for writ of ha-
beas corpus: Attidavit-State of Wash
ingtOn, county of Whitman-ss.
VIM. A. Inman, being first duly sworn,
on oath deposes and says: That he is
duly elected, qualified and acting prose
cutting and county attorney for Whit
man county, Wash; that said Hugh
Boyle was arrested on the charge of
assisting one VIM. Clifford and Daniel
Mcdonald to escape from the Jail OF
Whitman county, Wash, during the
year 1900, and an information was filed
in the above entitled court charging him
with the crime; that when the said Hugh
Boyle was first arrested he waived pre-
lImlnary eXamin alton, and was bound
over to appear in the superior court in
Whitman county, thirty days from the
date thereOf;that before the 30 DAYS had
elapsed, and before the transcript from
said court vas filed with the clerk of this
court, the honorable William Mcdonald,
Judge of this court, issued or caused to
be issued, a writ of habeas corpus in
favor of said Hugh Boyle, and at the
CORPUS.
the following proceedings were had, to-
wit:
That at said hearing the Judge of the
above entitled court, after cursOry ex-
animation of the charges against this
defendant, remanded the said Hugh
Boyle into the custody of the jaier, but
proceeded to interrOgate him upon other
facts connected with other cases, and
Anl - 81,
tentiOn IN any manner whatsoever
That thereafter the said court, on the
14th day of Sept, 1900 the day the in
formation charging the said Hugh Boyle
with said crime, was filed, and said de-
tendaDt Hugh Boyle, arraigned, and on
said date defendant, Hugh Boyle, plead
ed not guilty, and demanded a speedy
trial. At the suggestion of the court,
and without consulting or advising with
affiant, as to when the state would be
ready to try said defendant, and over
atlantis protest, land without permitting
attiant to make any statement whatever
as to when he would be able to try said
cause, and to obtain the witnesses neces-
sary TO prove the states case against
the said defendant, the said court per
emptOrily set said case down for trial
on the oath day of September, 1906,
without any other cases for trial or
ready for trial, before the 18th day of
Nov. 1900, and Immediately ordered a
jury drawn for this special case. That
the setting of this case on that particu-
lar date was unjust to the state, and
that the person who had had charge of
the evidence relating thereto, and who
had investigated the matter for the
prosecution, tO-wit, the deputy prOsecut-
ing attorney, r. W. Roberts, was absent
from said county and engaged in the
trial of the case of the state against
Charles De France and r. E. Elliott, then
being tried in Spokane county on a
change of venue from this county, which
fact was well known to the Judge of the
said court that said Roberts was so en-
gagged, and continuously absent from
this county until Friday, the 21st day
of Sept, 1900. That there are no other
criminal cases ready for trial, which fact
was we'll known to the said Judge Nc
| Donald, and that said Hugh Boyle has
not been confined in Whitman county
| Jail nor in any other jail exceeding Ii
| DAYS since the day of the filing of said
information. And atfiant was fully
satisfied that had he made an applca-
| ton for a continuance, that said con-
tinuance would have been denied. That
the information relating to the guilt OF
the other parties, now jointly charged
with said Hugh Boyle, did not come to
affiant until the oath day Sept, 1900,
and the state could not have proceeded
in any manner other than that which it
has. That this court has proceeded in
this case in such manner as TO satisfy
affiant that the court is interested to
such an extent that he cannot act in any
fair and impartial manner as between
the state aud the defendant. That he
has appointed two attorneys for the use
of said defendant, Hugh Boyle, in the
matter Of the writ OF habeas corpus;
that he has had private consultations
with the said Hugh Boyle, and that he
has endeavored and attempted to assist
the said Hugh Boyle, more as an at
torney than otherwise. That he has
gone into the Jail aud talked with Hugh
Boyle and endeavored TO use him as
witness in cases in which the court was
an interested party; that before any in
formation had been filed against the
said Hugh Boyle, or before any tran
script had been certified to the clerk O
l. 81