The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-02-28
IMPOSED JAIL SENTENCES
JUDGE ANDERSON FINDS SIX MEN IN
CONTEMPT OF COURT.
Receiver KeIso, Of the VI. Zier Co..,
New Albany, Sentenced to Sixty
Days-Others Sentenced.

Judge A b. Anderson, in the Federal
Court yesterday, adjudged Raymond ].
Morris, sheriff of Floyd county; Charles
Kelso. who was appointed receiver by Judge
Utz of NJ. Zier & Co, OF New Albany;
Thomas Smithwick, the custodian of the
property, who was appointed by Kelso;
Claude Sittason. deputy sheriff of Floyd
county; Fred Ruoff, a day Waterman at
the place of business of NJ. Zier & Co., and
Michael Zier. the head of the firm, in con-
tempt of his court, and imposed against
them Imprisonment in the Marion county
jail. Sheriff Morris was sentenced to TWEEN
ty days imprisonment, Receiver Kelso sixty
days, Smithwick ten days, Sittason ten
days, Ruoff ten days and Michael Zier
thirty days.
The punishments for contempt were an
nounced after Judge Anderson had heard
the testimony of Michael Zier and others
during the morning session. Judge Ander-
son also announced that he would hear the
explanation of David A Sachs. Louis
vile attorney. on March 9. and at the same
time he wanted to see William w. Watts.
the attorney who. 1t is said, stated that he
would rather go to Jamaica than appear in
court cited for contempt, and who is now
sick at his home in Louisville. He per-
mitted Sachs TO return to his home after
he had secured a bond of $1,000, with Louis
Newberger as surety, for his appearance In
court when called. Prosecutor Mcintyre,
OF Floyd county will also have to appear
before the judge to answer contempt
charges, as information will be filed against
him which, it is said, will show that he
was connected with Judge William Utz, of
the Floyd County Circuit Court, who APP
pointed Kelso receiver of the Zier property
after 1t had already been taken charge of
by Frederick Connor, the receiver desig
mated by Judge Anderson Mcintyre was
required to give bond of 500 for his ap-
pearance from day to day after Tuesday Of
next week until he Is wanted by Judge
Anderson to explain his connection with the
combination of events that have resulted in
the citing of contempt of several prominent
members of the bar of Floyd county.
MAY ARRANGE AFFAIRS.
The attorneys for Morris and Kelso asked
Judge Anderson yesterday morning to sus-
pend judgment on the men found guilty of
contempt until after they had gone to their
homes to arrange their affairs Although
Judge Anderson seemed disposed at the
morning session to not grant the request
shortly after o'clock I'm the afternoon he
announced that all Of the men had his per-
mission to go to New Albany. but they are
to return to court on Tuesday and be con-
fined in jail as punishment for their con-
tempt of the authority of the United States
Court.
diately granting the request Judge Ander-
son said yesterday morning: II believe
that these men whom have sentenced are
more dupes than criminals, and hope that
L will be able to sift this matter down until
/ find the guilty parties, and when / do
shall punish them In the proper manner
1t is evident that there Is more under the
surface than was at first supposed and
that this fight for receiver had more in 1t
than was suspected 1t has been shown
that assets of this bankrupt concern have
been overwhelmingly perhaps GRIM
inally.
Michael Zier. police commissioner of New
| Albany and one of the firm of NJ Zier q
Co, in his testimony before the court yes
| terday morning gave an mixing to the
| motive that prompted the application for a
| receivership in the Floyd Circuit Court 1t
| is understood that the company was in a
bad financial condition before the applica-
ton for a receiver and that some of its
funds had been diverted by payments of
5000 to Minnie Zier, sister-in-law of
Michael Zier. and 81. 100 to Rierson & Co,
the Chicago firm which instituted the action
for receiverShip.