The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-12-12
BARNAMAN IN A BOX
ATTORNEYS FAIL TO APPEAR IN
COURT TODAY.
INSIST on HAVING THEM
Further Proceedings Carried Over I'm
til 2 O'clock-Both Sent to Jail for
Alleged Contempt, But Failed
b 70 Stay ThenA !,

The first session of the preliminary
hearing in the case of the state against
Charles l.. Barnaman, charged with per-
jury at the trial of the Bordeaux divorce
suit ended last evening with the COM
mitment of Edwin S. Booth to the county
Jail for alleged contempt of Justice Nell
sons court. in which the case is being
aired. .SfAlI
Mr.. Booth was to stay in Jail one day
for having uttered some remarks during
the session which the justice considered
were not in keeping with the dignity Of
his department of justice.
When an adjournment was taken it
was with the understanding that the
hearing would be resumed at 1890 o'clock
this morning.
Neither Man in Court.
When the hour for resumption arrived
neither Mr.. Booth nor Mr. Thresher, at
torneys for the defendant, were in court
and Constable Cosgrove was sent to the
Jail after the former.
In a few minutes he returned with the
information that Mr.. Booth was not
there.
MIR. Thresher announced last evening
that he would be engaged in Judge Nc
SlcTHdu court lIlIS LUOTulHS anu COulO
not be in two places at once.
This was understood between the at
torneys for the respective sides.
When the large clock on the wall Of
the jewelry store at the opposite side
of the street licked off the hour of II
Harry D. Moore, assistant attorney gen.
eral. who has charge of the prosecution
suggested that the hearing be proceeded
with. and Justice Nelson asked Defend
ant Barnaman if he was ready.
Has No Attorney.
II have no attorneys" said Barnaman,
land, having made arrangements with
Messrs. Thresher and Booth to conduct
my side, I would like for them to handle
it. as no one else is familiar with the de-
tails" e.
A silence of a few minutes followed
being broken by another suggestion from
Mr.. Moore that the hearing proceed.
do you want the court to assign you
counsel?" asked Justice Nelson, address,
ing Barnaman.
mo: I would like to have my own at
torneys.'
Zone of your attorneys seems to have
broken out of Jail, the same as you broke
out of here yesterday said the justice.
Il think Mr.. Booth is trifiing with the
court" said Mr.. Moore. ut looks tn At
way to me. I never saw anything like
it in my life.'
Barnaman then attempted to ring up
Judge Stapleton by telephone and get
him to take the place of Messrs. Booth
and Thresher, but the judges remittur
was out of commission.
Walks Into the Room.
~ ne
torney c. c. barrow, Mr.. Booths law
partner walked into the room and re-
quested that further proceedings be sus-
pended until such time as one of the
regular attorneys in the case could be
on hand.
He said he knew nothing of the case.
and therefore could not take up the mat.
ter at the point at which it has been left
of, and out of courtesy to the ATTORNEYS
engaged continuance would he right.
He had been informed, he said. that
Mr.. Booth was sick, and he knew Mr..
Thresher was engaged in Department
No. of the district body.
Not Entitled to Courtesy.
Those attorneys are not entitled to
much courtesy here" replied Justice
Nelson, after Mr.. barrow had finished.
Mr.. Darrow's plea was so strong, how
ever, that Mr. Moore consented to a con-
tinuance until 2 o'clock this afternoon
but the court stated that at that hour
1T would be resumed whether Messrs
Booth and Thresher were ready or NOT
ready.
Mr.. Barnaman Returned.
Shortly after Defendant Barnaman 1ef,
the court room yesterday afternoon and
his bond of $500 was declared forfeited
by the court he returned and took a seat
IN the rear of the room, but Constable
Cosgrove. who had a new warrant for
him. placed him under arrest and ha
had him In custody since then. 1t is ex-
pected that new bond will be fixed IN
this evening and his release secured.