The San Francisco call., 1904-06-03
POLICE CITED
FOR CONTEMPT
Detective Sergeants Wren
and Dinan and Clerk Nor
man Arouse a Judges Ire
CONTINUE PROCEEDINGS
Charged With Arresting
William B. Kennedy With
in the Hall of Justice


The determined efforts of the police
to keep in custody William b. Ken
nedy, alias Richard Jackson, alias "Yel-
low" who was one of the thugs arrest
ed for the murder of Policeman Eugene
c. Robinson, have aroused the anger
of Judge Cook. Yesterday he cited
Frank H. Norman. clerk to the Chief
of Police. twice. and Detective Ser
geants j. F. Dinan and E. j. Wren
once to show cause why they should
not be punished for contempt of court.
Kennedy was before the Judge for
the fourth time yesterday morning on
an application for a writ of habeas
corpus for his release. He had been
booked as a last resort zen route to
Grants Pass. Or. for burglary" He
was brought into court by Deputy
Sheriff Welch. and an oral return was
made by Clerk Norman that Kennedy
was not in the custody of the police,
but of the Sheriff The Judge insisted
upon written return being made. and
Norman, thinking the matter settled,
left the courtroom. The Judge ordered
him arrested for contempt in open
court, and when Norman was brought
back he made a satisfactory explana-
tion and was purged of the charge.
He later made the written return and
the Judge granted the writ and or
dered the prisoner discharged.
is AGAIN ARRESTED.
AS Kennedy left the courtroom he
was arrested again by Detectives
Dinan and Wren and taken to the
prison, where he was booked for an at
tempt to commit burglary at Cypress
Lawn Cemetery on the night of Janu-
ary 20. 1902. Attorney Newburg at once
applied to the Judge for another writ,
which was made returnable forthwith,
and attachments were issued against
Clerk Norman and Detectives Dinan
and Wren to bring them into court to
show cause why they should not be
punished for contempt by again arrest
ing Kennedy after the Judge had is
sued a warning that if any such arrest
were made somebody would have to
answer for it. They were brought into
court and released on their own recog-
nizance till 2:3O y. m.
When the cases were called in the
afternoon Assistant District Attorney
Harris asked for continuance of the
contempt proceedings till this morn
ing. as he was not prepared with an
answer.
NOT TO BE THRILLED WITH.
The Judge said that if the police had
no legal cause to hold the prisoner it
should haye been set forth in their re-
turn. The prisoner had been arrested
on the threshold of the courtroom, and
the court was not to be trifed with. He
read section of the code to the effect
that prisoner while going to, in at
tenc nee at or returning from court
could not be interfered with. He said
he had repeatedly held that a prisoner
must not be arrested within the court
house. A serious contempt had been
committed, and he wanted to know who
had done it or advised il. He granted
the continuance till this morning The
respondents were released on their own
recognizance.
After hearing testimony on the appli-
cation for the writ the Judge said that
although the prisoner had been illegal
ly arrested, still he was in the custody
of the Sheriff. The point that the pris-
oner had with the others conspired in
this city to commit burglary, or at
tempt at burglary, in San Mateo Coun-
ty could not be sustained. The offense,
if any, had been committed In San Ma
teo County, and he made an order re-
manding the prisoner into the custody
of the Sheriff of this county for forty
eight hours, adding that if no demand
was made by the Sheriff of San Mateo
County for the prisoner within that
time the prisoner should be discharged.