The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-05-09
JUDGE KELLY GETS ANGRY.
ADMINISTERS A REBUKE TO At
TORNEY THOMPSON IN
ARNE CAlSE
THE BOY IS TO BE EXAMINED
Reason for Not Sending Him to
Shattuck School Said to
BE That He Is
Sick.

commenced before Judge Kelly, of the
district court, in chambers, yestesG.y
afternoon, when Frank M. Arne ap-
peared to show cause why ne should = t
be punished for contempt of court IN
failing to have his son. Raymond, sent
to the Shattuck school at Faribault, as
ordered in a former decree of the court.
Mrs Pauline Holland, the mother of
the boy was present and was represent
ed by her attorney, Mr.. Lane, of Min
neapolis. Attorney E. S. Thompson, the
attorney for Mr.. Arne, presented a type
written statement, purporting to show
why his client had failed to send the boy
to the Shattuck school. The document con-
tanned several pages and set up the argu-
ment that the order of the court had not
been complied with, because the boy had
been injured by falling off his wheel and
was not in condition to go. Several
other reasons were given and an affidavit
signed by Dewitt G. Jones, a physician
in the Washburn building, and also an
affidavit by Arne We're submitted. The
AFFIDAVIT of the physician stated that he
had been called in to attend the boy at
the time OF his injury and that he had
made several calls on him after that,
while Mr. Arne made an affidavit to the
effect that the boy was not in condition
to be sent to school. He also stated that
he had no funds at the present time with
which to pay the cost of the boys tuition
Mr. Lane wanted the boy produced in
court so that some reputable physician,
designated by the court, could make an
examination of the lad to see if he were
not well enough to be sent to the school
Attorney Thompson said they would not
produce the child without an order from
the court to do SO. Said he: This APP
plication is purely one for the plaintiff in
this case to do what? not to produce the
H.
simply show cause why he should not
send the child down to Faribault in COM
pliance with a previous order of this
court" He also stated that they denied
each and every allegation in the affidaYits
which he had presented.
WARM PASSAGE AT ARMS.
This caused Judge Kelly who was get
ting restless to remark to Mr.. Thomp-
son:
you can't deny the decree. and it is
nonsense to attempt 20 undertake here
what would come up possibly on an ap.
peal.
Mr. Thompson-It is the policy of the
law that the court will not compel what
is Impossible Now, that is patent
but you have handed me here a long
screed, in which, Mr.. Thompson, 1 will
have to say to you, right before your
face, you and your client have ATTEMPT
the judge of this court who tried this
case.
Mr. Thompson-No by any means
The Court-There are statements made
in there that have been either -misun-
derstcod or else have been deliberately
m1sstated, one or the other.
Mr. Thompson-No intention on our
part.
The Court-In charity I will say you
have misunderstood. You have put page
after page of i1amaterial. irrelevant, and
n in snTaG-n
against myself in these papers that YOU
have just presented me. The only thing
you. have raised here that 1 am going
to inquire about, is whether this chuS
is in condition to be sent to Faribault.
Mr.. Thompson-Then, your honor do
understand you ignore the fact of the
PLAINTIFFS pecuniary condition that he has
peen, and ever since this order was hand
ed down, and is now pecuniarily unable
to raise the money wherewith to send
him?
The Court-The only question Won hav.
raised that 1 will consider here is the
condition of the child.
Mr.. Thompson-Please note an excep-
ton.
The Court-Note as many exceptions as
you please. The case has got to come
to some Cnderstan ding; | am not going
to be trifed with any longer What
motion have You to make. Mr. Tane9
Mr. Lane-We move at this time, YOUR
honor. that If the plaintiff Frank M
Arnes, refuses to produce in this court
the boy, Raymond s. Arncs, for an open
physical examination as to his present
condition bearing upon the propriety Of
Sendlng the boy to school at FaribauIt,
mat Mr; Arne be committed to jail for
cont empt of this court until such time
as ne does produce this boy in open CO.. ~.
Arne was then sworn, and under the
rigid examination of Mr.. Lane said that
the boy was at present in room 36 of the
Astoria hotel, and that he was in bed
Arne stated that the boy had been there
since Saturday
After more maneuvering on the nar+
of the attorneys, it was decided that Or
Charles Wheaton SHOULD be asked to
make ar e> animation Of the lad and re-.
port at IL O'Clock today, when the case
VIII be resumed before Judge Kelly.