The evening world., 1901-08-28
DIAMOND
STAY NOT
DECIDED.
Captain Gets Another Days
Delay and Philbin in
Doubt.
FAILS TO GET 0P1NI0M
Justice Giegerich Declines to Pass
on the Question Of
Contempt.
FAILS TO GET OPINION

Police Captain Diamond secured an.
other days grace In the Supreme Court
today. the argument on District-Attof.
ney Ph!lbin's motion to vacate Justice
Dykman's stay having been adjourned
until tomorrow after an argument last
Ing over an h"ru.
incidentally the Disirict-Attorney fail.
cd In AN effort TO have Justice Gicgcrich
declare that h. would not be In con-
temp, should he proceed with the ac-
ruscd Captains trial while the Supreme
Court actions wcr" pending.
Capt Diamond vas in court surround
ed by II thronS Of friends and force OF
lawyers. He seemed nervous
Speaking On tn. motion 10 vacatc As
s..tan, District-Aitorn"y Cans. who rep
resented Mr. Phiihin. said:
The order OF Justice Dykman was
absurd" said MIR. Cans. 1T was drawn
while hc was i'll and not In fun posses
sion Of his faculties. The practice OF
LAWYERS In obtaining such m order In
such n way has Brought down on their
heads the severe condemnation OF Re-
rorder Con-
MIR Sanford. who went to the Justice
to submit to him that the order was too
who, after comforting with his father.
returned and said that Justice Dykman
agreed with the r.ct-Attorney's con-
iention that the sta& DC modified by
Your Honor. II not wholly vacated In DO
far as 1t affects proceedings other than
those pertaining to the Indictment"
Ex-Judgc Cady defended the action OF
Lawyer Henderson In securing the stay
from Justice Dykman and said the mo-
tons were proper and for no othe. pur-
poss tf,an to protect the interests OF his
client. There was nothing unusual In
IL he SAID. and he was surprised that 1t
should have excited criticism from Re-
corder uod.
what can the people do In the matter
OF Capt. Diamonds indictment. under
the stay7" asked Juatice 0iexcrich,
I'VE can proceed With the !ncidental
':withou, being in contempt u Justics
Dykman: But what NC want 10 esiab-
iish ie that It II not proper for attor-
nsys to 10 before 81 one 1mdss snd aos secur.
other and ask for a stay OF this charac.
I'VE are prepared to make our mo-
tend to make our. motion before HIM
In doing this We do not think We VIII
be In contempt. OF Court. but We are
SlIIlnG 10 kHke Tue COuScNoe1LSSS,
After few minutes reflection Mr..
Cans again addressed the Court, plead
ing:
III 1t plcases Your Honor. ] would
ike 10 ask II you would consider t
our motions, before Recorder 6on!.:
\ hoarse laugh swept over the crowd
In Capt. Diamonds corner as Mr.. Cans
asked the question.
An ominous frown crept over Justice
Giegerichs face A. he slowly replied:
1.-THE Observation-Disclosures once II one
absolutely separate and distinct from
this court. Anything he does must BE-
done distinctly upon his own respon-
sib!ity."
but persisted Mr.. Cans. 81 wish 10
know IL you would think such an action
on the part OF the Dhtrict-Attorney dA-
courteous to your
ii am here, replied the Justice. ito
pass upon motions and not to answer
such questions.
lie then announced that the hearing
wns adjourned until Tomorrow morn
ing when he Will hear also the argument
for "A change OF venue.