The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-02-15
SECOND SENSATION
IN THE GAIT CASE
Justice Refuses to Hear Mr..
Perry's Explanation.
ORDERED TO TAKE HIS SEAT
Elliott Again Refuses to Testify, and
Court Says Issue Must
Rest There.

A sensation was caused In the Pro-
bate Court this morning when r. Ross
Perry, one Of the oldest and most prom
inent members OF the District bar. was
peremptorily ordered by Justice Wr ht.
10 take his seat. without being all. "a
complete an explanation he had arisen
to make.
When Mr.. Perry attempted TO continue
his explanation TO the court, Justice
Wright called upon Crier Sholes to en-
force the order. 1t was not necessary,
however, for Mr.. Perry quietly took his
seat
In Gait Will Case.
The incident occurred soon after tn,
hearing in the Gait will case was re-
sumed this morning. Justice Wright had
ordered that the witness, Henry X. Ell
lott, who was committed TO jail on Fri
day last for refusing 70 answer a ques-
ton. be brought into court by Warden
Harris. Elliott again refused to answer
At this juncture Nj, Perry. who had
called Elliott TO TESTIFY. arose and said;
Mr.. Elliott. as l summoned you as
a witness and therefore am under a
certain obligation to you, l feel ii my
duty to advise you that while. II this
were a naked matter of professional
confidence / would go to jail and rot
there before 1 would disclose it"
Here Mr.. Perry was interrupted by
Justice Wright. who said: You cannot
say that upon the floor Of this court; Mr..
Perry. you viii have TO take your seat"
Advised to Answer.
When Mr.. Perry was given an oppor-
tunity TO explain his position. he said
that as he understood the witness to be
called upon to answer under order Of
the court he advised him to do so.
Even after this advice from Mr.. Perry
Mr.. Elliott declined to answer the ques-
tion put TO him on Wednesday last, re-
curing him to divulge the name OF a
client who had employed him to draw a
will
When the court convened at 9 o'clock.
Justice Wright, referring to the pro-
ceedings In connection with the denial
OF Mr. ElHott's petition for writ of
habeas corpus on Saturday made the
following statement:
Since the courts adjournment Fri
day, the writ of habeas corpus has gone
forth for the witness Elliott. and the
writ has been discharged. Very distin,
guished counsel have appeared at the
bar OF this court and there, with ready
tOuIntuCts hdNf pADliCJS
that the court in enforcing a witnes:
to answer has so far overreached the
limit of judicial power and authority
that its order IS void. and therefore
should be derided ana despised. not
only by the witness. by the warden OF
the Jail but as wen by all persons
throughout the land.
"a Crisis Here"
There is 8, crisis here; It Is no longer
merely whether this particular witness
shall answer a particular question
there Is risen up a grave and alarming
question OF public policy-it is whether
in trials the propriety of the evidence
which Is to determine the rights OF tho
people to life. liberty. and property
shall be denied by the constituted
courts of the land
'The court now arrests the progress
OF this cause. Where It now is there Il
shall stand until the order OF the court
concerned: so long as any phase OF the
situation remains pending here this com
mand of the court shall receive sub
mission; II control of the situation
passes to other authority the court ex
poets to find itself unconscious of any
concern in the outcome"
Elliott when called TO the witnes.
stand. refused TO give any informatioT
which might lead TO disclosure of tn,
name of his client.
A few minutes after u O'Clock. Mr.
Elliott was again called 10 the witness
stand and asked IL the letters he re.
ferred TO were sent to a person named
Watts or Warts. He declined TO answer
ana was taken back to jail.