The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-12-13
OURTGETSAPTER&WSPAPER
hat MASTERSON TO BE TRIED IN
HERKIMER FOR CONTEMPT.

PerIIOus Literature About the Gillette Trial
Did Not Please the Presiding Justice.
the District Attorney or the Grand Jury
Two Others Indicted with hat.
"I've been through a good deal out in the
West-lived in Dodge City when 1t was the
toughest town on the cattle trail, run q
vaudeville house, enlisted as a scout under
Gen. Miles against the Comanohes. And
here in my sober ffty-seoond year l get
into trouble-which the same Is being ar
~rested-for writing something in a paper.
II that isn't a funny trick Of fate / don't
want to know Of one"
Bat Masterson crossed his fingers. heaved
a plaintive sigh. He was sitting in the
rallied off space before Recorder Gof in the
Court Of General Sessions waiting for a
bondsman to release him from the dread
OF spending the night in the Tombs. With
him sat William E. Lewis, editor Of the
Morning Telegraph, and H. N. Cary. its
publisher. Bat writes for that paper and
signs his name.
Last Sunday Bat relieved his mind of
certain opinions on the way the trial OF
Chester B.. Gillette for the murder Of Grace
Brown had been conducted at Herkimer.
BAT nedueu III new obyhc Vi byhCb baW ~
Northern New York." and pronounced
the trial a fragrant travesty on Justice
i~nexcusable insult TO the intelligence and
civilization Of the State OF New York-the
entire proceedings subversive OF law and
order and a disgraceful mockery OF Justice
As soon as the trial of Gillette had been
disposed Of District Attorney Ward Of Her
kimer county brought the article to the
attention Of the Grand Jury, which promptly
indicted Bat, Lewis and Cary for criminal
contempt of court. A bench warrant was
given to Deputy Sheriff Granvhle .. IN
graham to serve.
Iugraham rot here Yesterday and with
Detective Sergeant Chandler Of the Central
Office started out to get his men. He found
Masterson and Cary at their Office and
Lewis came in in answer to. a telephone
message. Recorder Goff fixed bail at $500
for each and IL was given. ..
The bench warrant charges the publish
ing Of a -felse and grossly Inaccurate ac-
count OF the Gillette trial.
The three men must appea before Judge
Devendorf IN December II to plead TO the
charge. The penalty on conviction Is $500
fine or six months imprisonment.
RoUBLE FOR MORT UNFAIB NEWSPAPERS.
UTICA, Dec. r2.-Proceedings have been
begun by District Attorney Ward OF
Herkimer county with a view to calling to
account the correspondents or owners OF Ger
tam h1E AS WEPAP
reports OF the proceedings in the Gillette
trial published in those papers.
District Attorney Ward presented the
matter to the rand Jury Monia7 and
yesterday, and last night the first of several
indictments was landed up. 1t is alleged
that some of the reports sent out from
Herkimer by so-called yellow journals
have held Justice Devendorf and his court,
the administration of justice inv Herklmer
county and the people of the county up to
unmerited disgrace and ridicule wherever
the case has been discussed.
This was my first experience with such
! things, 4" said Justice Devendorf. Some OF
the stories sent out of Herkimer during the
Gillette trial were o~utrageou to public
| decency. l could relate a half dozen,
perhaps a dozen stories that had no truth
in them whatever. If the people who read
| newspapers demand such stories, why don't
they write them without any pretence OF
| their being true? Why don't they have
| the President ass~assinated every dayP
Why not set some newspaper aside as
licensed to publish things that are not
true? Then people would know what they
are getting"