The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1903-08-12
Judge Weber Declares Joseph G.
Smith in Contempt and
Orders His Arrest.
Smith Refused to Turn over ST.
200 as Previously Directed
by the Court.

|
Fred. Hauert secured judgment of
81, 600 for alternating the affections
Of Hauert's wife, was picked out of
wheat field on Tuesday evening of
last week, aud placed in the county
jail for contempt of court.
Smith was in contempt for refus-
ing to pay TO Bowers & Howard,
attorneys for the plaintiff $4,000:
which Smith secured on mortgage
on his farm from W. H. Gold for the
purpose of paying the settled judg-
ment, but which, after he made the
loan he refused to pay over.
Bowers & Howard have had him
up on supplementary proceedings
several times since he refused pay
ment on the settled judgment, and
which refusal makes the original
judgment effective, and finally Sc
cured an order compelling him to
''dig up" Smith refused this and
he was then cited to show cause
why he did not comply with the or
der to produce the money. At this
hearing before Judge Weber he
| made, various representations
through his attorney, E. E. Harriott,
who also contended that Smith was
going through bankruptcy and that
hence this judgment should enter
into the bankruptcy proceedings.
Judge Weber didn't like this
way of lodging payment of a judy
ment, and after hearing briefs on
both sides he wrote out an order to
the effect that Smith be jailed for
contempt. This order reached here
on the train Tuesday afternoon.
Bowers & Howard a. once notified
Sheriff Schueller and Fred L. War
ner, clerk of court. The latter is
sued bench warrant for Smith S
arrest and commitment, and turned
it over to the sheriff, who left for
Smith S farm in Vail at once. The
sheriff found Smith working in the
harvesting field, served the war
rant of arrest, told him to hop into
the buggy, and Immediately drove
him into this city, where he was
landed in Jail, and where he will
have to remain until he pays over
the So, 200, or gets an order from
the supreme court for his release.
The latter is not in session now,
but application can be made to an
individual justice, and if the latter
thinks Judge Weber is wrong,
which is not likely, Smith will be
released.
The Judge fires a few charges of
grape shot into Smith, in his de-
cision and order committing him to
the county Jail. He calls him a viii
lain and contends that be will not
in any manner uphold him in his
wrongful acts. The full text of the
decision and order, barring the
citations and authorities, is given
below:
can order having heretofore been
made in the supplementary pro-
ceedings on the 18th day of June,
1903, requiring the defendant, with
in ten days after the service there
of, to pay Bowers & Howard as at
torneys for the plaintiff the sum of
So, 200 to be applied upon the judy
ment in said action, and the defend
ant having failed and refused to
make such payment, an order was
subsequently made on the 10Th day
of June, 1903, requiring said defend
ant to show cause before the court
on the Sd day of July, 1903, why he
should not be punished for his mis-
conduct.
In the examination in supple
mentary proceedings the defendant
testifies that, on the 10Th day of
May, 1902, he received of W. H.
Gold the sum Of $4,000 and that he
paid the same to one J. NJ. Kanouse
upon an Indebtedness for borrowed
money, and the circumstances rela-
tive to the borrowing and keeping
said money and the payment there
of as testified to by the defendant,
seemed so unreasonable and in cred
ible that, in my opinion, his evil
dence was not entitled to credit,
and it was ordered that he nav over