The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-03-15


Wednesday evening Judge Utz requested
him. who, until that afternoon, was
stranger 10 him, resident OF Louisville
Mr.. Sachs had never transacted any bust
ness as recall the evidence in New Albany
prior to that time-that Judge Utz re-
quested him and Watts. both strangers in
New Albany, to notify counsel interested
in this case for the creditors TO appear in
his chambers next morning. Going from
Judge UtZ's office they went to Jewetts
office. 1t is in evidence here, and there is
no dispute about IL. that Mr.. Jewett called
up Mr.. KelSo that afternoon over the tAle-
phone and asked him how long he would
be in his office and told him TO wait, that
some people would be over to see him.
There is no question on earth that Watts
and Sachs went over to see him that after
noon and that they Were there from half
TO three-QuarterS OF an hour, and yet Sachs
took the witness stand and swore that the
only purpose they had in going to Kelsos
office that evening was to notify Kelso that
Judge UtZ wanted to see him in chambers
next morning. AS has been well said, il is
a remarkable circumstance that Judge Utz
should call upon these Louisville lawyers,
strangers TO him, to run errands for him.
and it was a remarkable circumstance If
the only purpose and object of their visit
TO Kelso's office that evening was to notify
Kelso that Judge Utz wanted to see him
the next morning; that he should not have
had Henry Jewett tell him when he called
him over the telephone that Judge Utz
wanted to see him at his office next morn
ing. And 1t was a remarkable circum-
stance that they should have gone to KEEL
SOS office, these busy men who did not
want any business this side of the river
they have all on the other side they can
attend to-. should go to Kelso's office that
afternoon and spend from.a half to three
quarters Of an hour with him. So 1 find
that Mr.. Sachs is guilty of q fragrant con-
tempt of this court.
CLAIM MADE FOR WATTS.
'It is claimed for Mr.. Watts that he went
to New Albany and did everything he could
to turn this property over to the receiver
of this court The evidence shows that
Watts was continually declaring and pro-
testing that this property should be turned
over. Counsel for Mr.. Watts. in the argu-
Went in his behalf yesterday afternoon.
spoke of the responsibility which this court
has, and the power which it has. trust L
fully realize the responsibility which is i'm
posed upon me in this case. and know L
take no pleasure in exercising the powers
which are incident to my present position.
Counsel in that same connection said that
Mr.. Watts, according to the evidence, had
not done one thing or said one word, that
no witnesses had testified to his having done
one thing said word in furtherance
of this wrongful enterprise. -
Until Mr.. Watts returned to Louisville
and procured his friend Sachs to go to
New Albany MIR. Sachs was stranger TO
that proceeding Mr.. Watts undoubtedly
got Mr.. Sa chs into the proceeding. He was
over there Wednesday. The evidence in
this case shows that when Judge Utz finally
decided. at whose instance L know not, to
cite the New Albany Trust Company be-
fore him for contempt, that Mr.. Watts re-
sSpeetfniy requested that he be cited also ,
fore Mr.. Watts was served with the cita-
ton to appear and answer that charge or
contempt in the Floyd Circuit Court he in
formed the gentlemen he was with that ne
was going to a restaurant or saloon, have
forgotten which, where he would be, and TO
send the sheriff there to serve him. He was
d. iii h. tfrIan hot
ceedings were planned and he returned
with Mr.. Sachs late in the evening of Fri
day, only a short time before the hnal
proceedings were taken to throw the re-
ceiver of this court out of the possession
of that property.
NOT BOUND BY DENIALS.
81 understand that these gentlemen, in
order to be punished, must be found guilty
beyond a reasonable doubt, but / do not
understand that his court is bound by the
denials Of Mr.. Watts. If the circumstances
surrounding this transaction clearly estab-
lish to this courts mind beyond a reason
able doubt that Notwithstanding Mr..
Watts's protestation and declaration as to
his intentions and desires-that notwith-
standing that, if through Mr.. Sachs or by
assisting Mr.. Sachs he had anything what
ever to do with the transactions which cul-
minated in this unlawful act, he is guilty
and this court must find 1t if the evidence
shows ii. Mr.. Watts, his counsel asks this
court to believe. throughout those four days.
when the evidence in this case shows that
he was associating with Judge UtZ socially,
drinking with him in saloons. hobnobbing
with him, in the language of the street,
during those four days. was there with his
friend Sachs for no other purpose than to
appease the wrath of Judge Utz against
Watts. 1t Is needless for me to say that
this court does not believe one word of
it--not one word of it. / cannot believe 1t.
I hp1
the only solution OF his conduct that can
be determined upon consistently with the
evidence Is this: According to his own
the more he concluded he had made a mis-
take in offering to turn the property over.
But he had offered. Mr.. Watts is one Of
those lawyers who prides himself on keep
ing his agreements made in court have
known many such. Therefore Mr.. Watts
did not wish to put himself in the position
of openly violating the voluntary promise
ne had made In this court. So he pro-
cured his friend Sachs to go with him to
New Albany and Sachs is put forward as
the active manager OF this thing and Watts
remains in the background and continually
protests that he wants to turn this prop
erty over and keep his agreement with the
United States Court. He is like some other
people, he protests too much. So L have
come to the conclusion that Mr.. Watts is
guilty of fragrant contempt of this court
WAY SEEMS CLEAR.
'Up to this time, so far as the law is
concerned, my way seems to be clear. If
I am mistaken about it the gentlemen have
their remedy. If this court were infallible
there would be no need for the Circuit
Court of Appeals and still less need for
the Supreme Court of the United States,
but 1t is the duty of this court, in so far as
it can, to ascertain what the law is, and,
having ascertained what it is, as nearly. as
possible. to SO declare it. 1 have not had
much difficulty in coming to the conclusion
that this court had the jurisdiction as /
have stated. L have not had much Diff
Guilty in coming to the conclusion that these
defendants have been guilty of contempt
of this court. But the question as to what
punishment should be melted out to them
has given me considerable trouble. -
"It has been matter of considerable
of my career here have to be confronted
with this state of affairs. i cannot help but
believe that the gentlemen who have taken
part in these proceedings forget that 1T
makes no difference who occupies this
bench. The court is the same. In my pro-
fessional experience, which was passed al
most entirely, 1 must admit in the state
atmosphere of respect and reverence. for
the dignity and power and purity of the
United States Court. And when 1t became
apparent to the present occupant OF this
bench that any court, o. any off1cer or any
court or any person within the district
would undertake to do what these gentle
men have done il was a matter of very
great astonishment to me. L was urged to
| exercise the extreme powers of this court
at once i delayed When these gentle
men were here before me on the 18th OF
February, after full discussion on their