Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-02-15
SENSATION IN COURT
Refusal of Witness to Obey
Order of Court.
JUDGES STATEMENT
EPISODE IN THE HEARING OF
GAIT WILL CONTEST.
Attorney in Case Ordered to Take His
Seat - Trial Arrested
Notice Of Appeal.

der given by Justice Wright to answer a
certain question asked by counsel during
the progress of the contested will case in
volving the estate of VIM. w. Gait, de-
ceased, on trial in the Probate Court has
resulted in several sensational episodes.
! The latest of these occurred soon after
court met this morning. when Mr. X
Ross Perry of counsel for the caveatee
| under the will, addressing Mr.. Henry K.
Elliott the recalcftrant witness, who had
| been brought from Jail and had taken the
witness stand. said:
MIR. Elliott, as l called you witness,
and therefore am under a certain oblga-
ton to you. feel it my duty to advise you
that while if this were naked question of
professional confidence l would go to Jail
and rot there before 1 would disclose it"
You cannot make a statement of that
nature on the floor of this court, Justice
Wright Interrupted. MFR. Perry, you will
have to take your seat.
Me Perry was slow to take hts seat
and the court ordered. one of the court
officers to enforce his order. but before the
officer reached Mr.. Perry the latter had
resumed his seat.
Mr. Perry later explained that he had
intended to- advise the witness that as 1t
was the courts order to answer. the court
should be Obeyed.
Statement by the Court.
Notwithstanding Mr. Perry's advics. the
witness still refused to answer any question
as to the name or address of his client, and
the court took occasion to make the follow
ing statement:
Since the adjournment of the court upon
Friday the writ of habeas corpus has gone
for the witness Elliott, and the writ has
been discharged.
Very distinguished council have ap-
peared at the bar of the court, and there,
with ready confidence, have publicly pro-
claimed that the court in enforcing wit
VAC RI n yry0
limit of judicial power and authority as
that it's order is void and therefore should
be derided and despised, not only by the
witness, by the warden of the jail, but as
well by all persons throughout the land.
There is a crisis here. 1t is no longer
merely whether the particular witness shall
answer particular question, that has
now withered to insignificant proportions.
There is risen up grave and alarming
question of public policy-a question (which
involves the asceYtafnment OF justice
and assails the existence OF judi
cial power: a question which strikes the
heart of administrative justice and menaces
the judicial system of the republic with
destruction; it is whether in trials the pro-
priety of the evidence is to determine the
rights of the people to life, liberty and
property shall be decided by the con-
stituted courts of the land or whether the
propr!ety OF the evidence which snaI deter
mine these very sacred rights shall be de-
ciGed for themselves by false and perjured
witnesses, the judicial DEGREES of courts be
by such persons oTerrfdden and defiled, the
administration of Justice abandoned to their
control.
Its momentousness transcends all con-
side. atoms which pertain only to the con-
venience of the Individual judge. juror,
counsel and parties identified with this
cause it .menaces the security of the great
people of the land; it seems to evidence he
continuation of the existing structure OF
the republic.
Arrests Progress Of the Cause.
THE court now arrests the progress of
this cause Where # now is, there it shall
stand until the order of the court is re-
spected and obeyed by all persons
cerned. So long as any phase of the situa-
ton remains pending here the command of
the court shall receive submission. If con-
troll of the situation passes to other author
ity this court expects to find itself uncon-
scious of any concern in the outcome"
When the judge concluded Mr. Horace P.
Springer. superintendent of the mails. city
post office, was sworn to identify the rec
ord kept at the post office of all outgoing
special delivery letters.
Mr.. Elliott, in answer to Justice Wrights
question last Friday, had said that he
had attempted to get his clients consent
to the use of his name by sending two spe-
cial delivery letters to him at Philadelphia
where he was said to be now res. ding. Mr..
Springer, at the request of Attorney A. S.
WoT tn neton, read the list of letters sent
to Philadelphia, which was of great length,
but Mr.. Elliott sat perfectly still, not show.
ing by any sign or movement Of the face
whether the name Of his client was read or
not
At the conclusion of this testimony
Justice Wright respited the jury until
Thursday morning. until which time he
adjourned the hearing on the will contest
unless Mr.. Elliott shall make up his mind
III the meantime. in which event the Jury
will be recalled and the case continued.
vrx:%
AS stated in THE Star. a writ of habeas
corpus was Issued by Chief Justice CIa-
baugh last Saturday returnable before JUS
tce Wright at late hour in the after
noon. When the petition had been read
Justice Wright inquired:
For my own curiosity I would like to ask
the name of the counsel who prepared the
petition in this case
Mr.. Wilson, sr., said: My son and myself
prepared the petition
The court again inquired: Did you have
copy of the commitment when you pre-
pared it?''
Mr.. Wilson answered in the affirmative.
we had copy of the commitment and
also copy of the record of the proceed
iEgs in the court, and they are here now"
Did you advise your client TO swear to
Mr.. Wilson responded:
II certainly did"
when you knew that the question that
Is reclleQ IN tnlS pcI1t1OH Is not the uUeS-
tion for which he was conmitteed?" in
CURED the court
Your honor can hardly ask me that ques-
ton" replied Mr.. Wilson.
II do ask it., responded Justice Wright
II advised him, after reading the commit
nlent and after reading what your honor
said as reported by the stenographer,'' said
Nj Wilson.
II was only curious to identify the coun-
sci who had drawn the petition. That Is
an concluded the justice.
Demurrer Overruled.
The court then overruled demurrer
n-ede by Mr.. Wilson to the return of the
warden of the jail. and recommitted Mr. Ell
| liott to the warden's custody. A motion to
| admit to bail pending an appeal was also
denied by the Judge.
In giving his decision Justice Wright
| made the following remarks.
IF 1t be that the courts Of this District
| have not a right TO enforce an answer TO
question which tina court has determined
( Is relevant question. there Is no one who
has grea ter desire to be informed OF that
| fact than / have. 1 gave this matter the
fullest attention could and gave this wit
ms ia In xrrbi f.y, To