The Nome nugget., 1902-12-20
l'2l)ljg.SE:::l'.. !.
 AND [. .I.z:::HI ! ] Cited to SIlov Why T1ey Should Not De Punished CONT E: E:a,.gP1r t9S; G0vRT'
Is tie Charge Made Agains. A. torhey Cousby and Alfred
 f,iI.Na, Client.

Jeremiah Cou~by. wcli-kaown at torncy, and Iii. client, Alfred NIlima. were cited by Judge Moore. of the dis trict cour. to show cause, today at , o'clock, why they should not be pun ishcd for contempt of court.
 The proceedings are based upon the affidavit of Oic :5tcnjIcId, through his attorney. W. r, Love, and grow, out of the shit of Alfred NiIima, Slcnjfe,d and others against George X. .1hea a- Hd- ministrator of the estate of Johan |. Johansen. decaa-ed. The suit Of Nili- ma and the others really involves the question of the ownership oi the Hot Air claim on Glacier creek. Johan~cn was frozen t1 death near Good Nore bay last March. Preyiouel!. however, he had transferred all his right, title and interest in the Hot Air bench to the Hot Air people. Nilima claimed to be partner of JGhan,en. hence the suit.
 Guy E. Brubaker had been appoint ed to take the deposition of Niiima. and or the night of Dee. l6 the parties in interest met all Attorney Loves office. Nr. Cou.by. who appeared q, special counsel for Nilima, who bad iu-t at rived from Candle creek, ob jectcd to the taking Of the deposition by Notary BrUbakcr. Attorneys OrtCn and lt!ue- hart also interposed objections, and Cou-by wanted the hearing continUcd until future date. Notary E"ubahcr refused a continuance. and according to the affidavit filed in the clerk 's of fee by ;5leuj jteId. he tcld Niiima to be sworn. tou,b; told Nilina not to be sworn or answer any questions that might bo pat to him. Niljma obeyed instructions, ana says the affidavit, q continuance Waa forced until Dee. l..
 Mr.. Cousby stated. 70 it was alle.cd that if Ailjma were compelled to tes- tify. damage would be done which could not He repaired. and Attorney Love rctortcd: "l'es, no doubt ii he testjfies now he will tell the truth. which damage will be irleparAble 10 the defendants case.
 Cousby further said that Nilma could not understand the English lam guagc anyway and an interpreter would be required, and he objected to any interpreter who was no, appointed by the court.
 Mr. Love offered !. NJ, Johanscn and Y. Lindscth or Hans ,@amucison, but Cousby objected to both, as he claimed they were interested parties. Lindseth wanted &20 in his hand before he as sumed the duties.
 The affidavit goes on to state that Cousby pushed Nilima out of Mr. Loves olfice telling him to get out, and Love then told Cousby he would charge him with interfering with the process oJ the court. It is also alleged that Nj lima's attorney and the defendants at torneys were working in harmony to prevent the taking of Niima's test- mony: that Nililna is negotiating with defendants attorneys for the sale of his interest in the suit.
 Stenifeld says that he went to Nome river to serve subpoena on Nilima, that as soon as Nilima saw him he start ed for Nome: that Stenjfeld wanted to ride with him, but Nilima objected, saying that his deer were tired. Stenj- field followed Nilima to Nome and at tempted to serve him with copy of the subpoena in the Discovery saloon, and Nilima said 70 -' and went away, and Hans Samuelson told him the sub poena was no good. Service was sub sequenty made on Nilima in Attorney Orton'S office.
 The affidavit sets forth that the de- fendants in this suit tried to buy the interest of Oliver Olson in the suit, through Gerald O'Shea, deed to that effect having been given O'Shea.
 To sum up, Nilima and his attorney, Cousby, are charged with disobedience of Q subpoena duly served; and Nilima { is guilty of refusing to be sworn, and Cousby is guilty of misbchavior in of | flee as an attorney and in improperly obStructing the processes and proceed | -ngS of the court, and in preventing tho