The Kalispell bee. [volume] (Kalispell, Mont.) 1900-192?, 1901-09-14

writ issued by that court. Attorneys
and others familiar with the case be-
lieye the judge has made good show
ing in the petition asking for a rehear-
ing, and now that it has been grant
ed, they have little doubt that he will
be able to convince the court he was
not guilty of contempt.
The San Frisco Chronicle gives an
account of the proceedings in the cir
cult court Of appeals in which Judge
Dubose was granted a rehearing and
admission to bail.
"EX-.Judge Dudley Dubose was
granted a rehearing yesterday in the
contempt proceedings under which he
was sentenced to be imprisoned for
SIX months in the Alameda county
Jail by the United States circuit court
of appeals. Pending the rehearing
he was admitted to bail in$5.0O0. Two
months confinement has afforded an
| opportunity for reflection. resulting in
his conclusion that Imprisonment for
contempt is not as agreeable as free
dom in the mushroom city of Nome.
| The feeling of content which he eX-
pressed when first committed has
| changed to unrest and desire to join
| the struggle for wealth in the Attic
gold camp Should he serve out the
sentence imposed. navigation would
| be closed before his release, and a sea-
son of inactivity not to his relish
would intervene before passage could
be taken for nome. In view of this
he paced his case in the hands of At
torney Carrot McEnerney. and yester-
day morning before Judges Morrow
and Dciiaven. sitting as circuit
court of appeals. his petition for a re-
hearing was presented, together with
aiiuavits TO strengthen it's plea.
THE contempt proceedings had
against him were based on testimony
that on Sept 18th last, at hearing
by Maj. Van Arsdale. of the Seventh
infantry. at Fort Davis. Alaska, Du-
bose admitted having advised Jules
Comptois. his client, to disregard a
writ OF surercedeas issued out of the
circuit court of appeals. At the hear
ing in this city. when Dubose was rep
resented by Thomas j. Geary. no de-
NAL was entered to this allegation
il being held only that the writ of sup
ercedeas was void and that he was not
committing contempt in so advising
HIS Ciitit.
The petition presented yesterday
denied that he had admitted before
Maj. Van Arsdale telling client to
disregard the writ and order. An aft,
davit from Maj. Van Arsdale was also
SUBJ, i,tya, stating that the deponent
did not hear Dubose. at that meeting
speak disrespectfully of the circuit
court of appeals or its members. and
that he knew nothing of his having adj
vised. or admitted to have advised
Complies to disregard the writ.
"Atlidavits setting forth the good
character and integrity of Dubose
signed by two Montana judges, accom-,
panied that of Van Arsdale, while the
respondent himself filed compliance
with he courts ruling In this. while
admitting that the attorneys should
lend their aid to processes of the
court. he called attention to the fact
that ne did not have an opportunity
to testify in his own behalf at the pro-
eeedings under which he was sen.
fenced, as he was in Nome at the
time. He had no desire to impeach
Attorney s. A. Knight and others who
had testified against him. but felt that
they labored under a misunderstood
ing.
Attorney Pittsbury, who has
throughout the proceedings acted as
amicus curiae. expressed his willing
ness to accept Van Arsdale's affida.
W.T. without summoning h,m for cross,
examination. and Judge Morrow said
the rehearing would be granted. to
take place on the first Monday in
October. The reason for Dubose s
anxiety for freedom then became ap
parent. as McEnerney said this would
in the event of rehearsal of the orig
inal findings. work hardship on his
client, as navigation would be closed