Durango semi-weekly herald., 1904-06-16
DAVE DAY IN COUNTY JAIL.
Behind prison bars?

-
Behind prison bars?
Yes.
D. F. Day is where many Durango
ties have wanted him for long time,
and he says he will remain in jail un-
I'll the courthouse rots down before he
of the $500 fine assessed against him,
A representative of The Herald called
on MIR. Day some three-quarler1 of an
hour after he had been confined inside
the iron CRATES. and found him with
pen and paper The following conver-
sation TOOK place:
How do you like it?'
Haven't been here long enough to
find out, but no matter how disagree
able ii may be, will remain here un-
til the courthouse rots before | VIII
pay 3 cents. | am not guilty of c1n
tempt. and will not pay l cent. II |
was guilty of wrongdoing | would not
care, but there was no criticism in the
Democrat of the courts action until
after the case was settled"
What are you going TO do?"
Appeal. Until released by a higher
court l will remain here"
Further than the above statements,
Mr. Day would not talk. The Herald
does not care 10 discuss the case one
way or the other. The facts Will
come up before the supreme court for
final adjudication, and then the law
of contempt will goyern. Personally
The Herald has no patience with Days
policy. Durango has enjoyed surfeit
OF his dictation, and If Imprisonment
tends TO cut off his daily harrange he
public will draw sigh o. relief So
far as the people al Durango are con
cerned, ha is deserving of Ett.e cor
sideration, but these feelings have
nothing to do, or should not, with
ones standing in court, or course Mr.
Day viii 20 on the theory of preju-
dice aud spite governing, but until
Judge Russell Is reversed we will ac.
cept his judgment as to what consti-
tutes contempt.
The contempt case against Dave
Day and Thomas Tully was callei IL
district court al 10 o'clos TX this morn
ing. c. A. johnson appeared for Ic-
PENDANTS, and endeavored TO show that
the articles cited III the complaint did
not constitute conlemp-. and ,hat tie
court lacked jurisdiction.
j. A. Pulliam, as district attorney,
o. S. Galbreath, John +. Spickard and
b w Ritter appeared for the prose
cutlon. MIR. Pulliam stated the state ;
side OF the case. and the argument in
reply to Mr.. Johnson was made by o.
5. Galbreath,
After listening to the arguments the
court adjudged Mr.. Day guilty of con
tempt and fined him $500 and costs,
and the court ordered that he be com
mitted 10 Jail until the fine was paid.
He was given until > O'Clock to ar
range his business affairs, at which
time he was to 80 20 jail il he ine
was not paid
1t was shown that Mr.. Tully had no
control over the writings Uf bay. Mr..
Tully claimed he did not know of the
contempt items belag published un.
til next day, and had he known of
their publication would have been pow
erless to prevent them that while his
name appeared as manager af the pa.
per. he was manager only in. busl-
ness sense. Upon this showing Mr..
Tully was assessed his proportion OF
the cost in the case, but was not fined.
A few minutes after 2 Under Sheriff
Bs.t lAII hl nIIh hnt a. al
soon after returned with Mr. Day in
charge. lie was given front room.
the one that has been occupied by the
Ute squaw. Mr.. Day carried IA small
grip in which it is presumed he had
writing materials for the editing OF
his paper,
The contempt" of which he was
guilty was in the printing of certain
statements in the Durango Democrat
in which the decision of the court in
The recent school controversy was
criticized. and reflections made upon
the court
The stockholders of the Democrat
We're also named in the complaint as
guilty Of contempt, and ii is expected
their case will come up tomorrow or
soon after.
1t is probable that Mr.. Days attorney
will apply to the supreme court for a
writ of supercedeas, upon the grant
ing. of which the prisoner would be
given his liberty, by furnishing a
bond. until the case could be reviewed
by the supreme court. 1t would prob
ably be ten days or two weeks at the
earliest before -supercedeas could be
obtained, and Mr.. Day would have to
stay in jail during that time. If, after
the matter was reviewed by the SUI
preme court and the action of the dis
trict court was sustained. he would
still have to pay or serve out the fine.
From Wednesdays Daily.
Chief Tgnaclo is in town today.