The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-02-14
WRIGHT REFUSES
ELL|OTT'S PLEA
Denies Demurrer and Mo-
ton for Bail.
HABEAS CORPUS 0VERRULED
Justice Declares Authority OF Court Is
at Stake-Mandate Must
BE Obeyed

Justice Wright has refused to release
Henry r. Elliott from jail on habeas cor
pus proceedings until he obeys the or-
der of the court to answer a certain
question asked him while testifying as
a witness in the Gait will case. The
question of the release Of the prisoner
came up for hearing about o'clock, and
was quickly disposed of by Justice
Wright.
In quick succession he overruled the
demurrer made to the answer of James
II. Harris, warden of the Jail, n mo-
ton for bail pending an appeal from
that decision and lastly a motion for
bail for the prisoner pending an appeal
to the Court of Appeals from the de-
cision denying the petition for the writ.
In disposing of the matter. Justice
Wright said that so long as he is
member of the District bench he WIN
do all he can TO insure obedience of the
courts orders. and TO maintain the dig
nifty and respect due it from all wheth-
er white. black. high or low.
Courts Authority.
Justice Wright called attention to the
fact that within the short time he has
been a member of the District Supreme
Court bench. two instances such as the
one under consideration had occurred.
In both instances he said IL appeared
that the offenders had plenty of cham
pions. II he is wrong in his under
standing of the matter he said. it ap-
peared TO him that the court is with
out authority to enforce its processes
and command respect.
The circumstances which led to the
commitment of Mr.. Elliott to jail are
substantially as follows:
On Wednesday last he was called as
a witness and testified in the Gait will
case which is pending before Justice
| Wright. Among other things he said
that before visiting the home of VIII
liam w. Gait, the validity OF whose Will
is contested. he was at the residence of
a client and took some notes, preIimi-
nary to drawing a will on being asked
the name of his client Mr. Elliott de-
clined to divulge 1t on the ground that
he had promised not to do so.
Question Is Changed.
The question was then changed and
Mr.. Elicit was asked to say from whose
house he went to that of William w.
Gait The question while different in
words required the same answer, and
Mr.. Elliott again refused to answer
The witness was then warned by the
court that he would be compelled to
answer or stand committed for dis
obeying the order. Again Mr.. Elliott
declined to answer. Justice Wright then,
/ allowed the witness until noon on last
Friday 10 decide whether ne would
answer or be committed to Jail for re.
fusing to obey the order OF court
At the appointed time Justice Wright
called Mr.. Elliott into court and gave
him an opportunity TO answer the ques-
ton propounded TO him on Wednesday
Again Mr.. Elliott refused to answer and
Justice Wright ordered him committed
TO jail until he decides to make answer
to the question or until further order
Of the court
Through his counsel. Nathaniel Wilson
| and Clarence Wilson, Mr. Elliott en-
deavored Friday afternoon to procure
his release from custody. but, owing to
the lateness Of the hour, was unable to
do so. His petition for writ OF habeas
corpus was filed yesterday morning. II
was presented 10 Chief Justice Cla-
baugh. who made II returnable before
Justice Wright at $3.50 O'Clock. Mr.. Ell
lott was brought up from the jail by
| Warden Harris. who was represented
at the proceedings by Assistant Dis
trict Attorney Atkins.
A Novel Experience.
When seen yesterday Mr.. Elliott ap-
peared TO be in good spirits as could
I'be expected under the circumstances.
His compulsory confinement is novel
experience to him, but he accepts Il
cheerfuliy in preference TO the cost at
which he is offered his release.
Warden Harris has done all ne could
under the circumstances for the COM
fort Of his prisoner, and on that score
Mr.. Elliott has no complaint TO make.
At the conclusion OF the hearing At
torney Wilson said that application viii
be made to one OF the justices OF the
District Court of Appeals at the earliesr
moment for the release Of his client o.
bail. pending a final disposition Of tn
matter