Crittenden press. [volume] (Marion, Ky.) 1879-1907, 1906-05-31
DISMISSED ON PEREMP-
y TORY INSTRUCTIONS
Editor Chlttsndsn Claimed He Could Not
Slve Bond and Went 10 Jail In
Cod Faith.

j. +. Chittendro OF the Crittender
Record. who was arrested Monday, May
q, by sheriff Flanary aud taken to
Smithland and lodged in Jail in de.
fault OF bond, charged with criminal
contempt Of court, was tried before
Judge j. VI. Davis. of the Livings-
ton county court, last Saturday. The
court gave the jury peremptory in
structions. 80 We are informed. and
the prisoner was released from the
custody of the taller and returned
here He left for iiopkinsville soon
after reaching here, he being engaged
NOV IN the insurance business there.
The following j. taken from the
Hopkinsytlle New Era of Saturday
james H. Chittondcn. stamping
clerk Of the Hopkinsville Board of
Insurance Underwater. and editor
OF the Crlttendcn Record j. on trial
Al Smi,hland. Livingston county. on
the charge Of a criminal contempt Of
court
"On Monday. in order to secure
an Immediate hearing Mr. Chittcn-
den surrendered himself to the pro.
per authorities, aud declining To give
bail, went to Jail. Iis lawyers. for.
mcr I. :. Senator Doboc. aud At
torney Henderson, of Marion, under
section 1913 Of the Kentucky stat
utcs, demanded a trial before tho
county Judge. This section provides
for the trial in county court of all
misdemeanor eases WHERE the parties
accused arc in jail. The county Judge
81 trst declined 10 take jurisdiction
hssiRg bsea ~ advised by telephone
by Ciicuit Judge Gordon with whom
D., communicated Later however,
b, agreed To 1T in the case and the
trial - nov IN progress.
'Chittcudcn l. alleged To have
printed uncomplimentary aud dana
gng articles agains, Judge J. r.
Gordon, circuit Judge in that circuit
aud vas indicted at Smithland. The
publication grew out Of an election,
and although the indictment =
found some time ago. the arrest did
a.t follow until Monday. when the
5o1ng man voluntarily surrendered.
LII. L.
ommonWoAlth' : attorney claim that
'tr county Judge has no authority to
usc jurisdiction 81 a contempt case
arising IN higher court, aud con.
t.nd that section 1898 contemplate.
,aIy the trial Of parties who are in
a. 10 default of bail in good faith,
,aa not ~ order - avoid trial In cir
,l.t court,
The following communication SEN
n here % the News Democrat 81
f4alcah read. a. follows
VI Chit,endou says that the pub
.t,d statement that be voluntarily
rendered and went to Jail IN orde
.ccurc an immediate trial was in
rect lie was arrested at Marion
ao falling To make bond he went I,
lu good faith aud was carried b'
sheriff to Livingston county fo
lhc attorneys for Mr.. Chittcndcl
~, bot mud It necessary to introduc,
Evidence IN their clients bchal
lcr the testimony of the witnessc
hc Prosecution was all IN. tn,
"u motion, was dismissed OF
~ tupiory instructions.
lhc Psducah Register of May ,,
=. 'Huhiaud. Ky. May ~ Jane
'bi,Icudcn, editor of the Recor'
", H'nou who was indicted 10y
D" grand Jury for contempt q
S 10 account ~ publicati ons Il
,ou, P'p', Wa, acquitted by the iur,
ration The county Judge yesterday.
l,ciou' t warrant was served on Mr
ID. ''odon At Marion several day
and be- refused to give bail, 20
lnI 'oIun,arly in order to oh
,lle ges " immediate trial. which re-ul
sill biz acqulltaI
y u.ce Quanefv Meetings.