Omaha daily bee., 1906-12-07
Attorney Oonnell Retraois InsinuatiOn Of
sutton's Aiding the Prosecution.
JUDGE PROMISES JAIL If he DOES NOT
Counsel for Coal Exchange IntimAtss
Court is Against the Defense.
COURT STOPS TRIAL FOR REIRAcTloN
Denies Any Feeling in Case Except to See
it Fairly Tried.
SMALL DEALER TELLS OF BEING BARRED
After Failure to obtain MembershiP
I'm Combine He Could Only
Get Coal by wagon
Load,
CURT STOPS TRIAL FOR RETRACTlON
SMALL DEALER Tells OF BEING BARRED

morning came shortly after court convened
when Judge Sutton excused the jury from
the room and told Attorney w. J. ConnelL
for the defense, he would send him to jail
for contempt OF court unless he retracted
and apologized for remarks he had made,
in which he accused the court OF trying to
assist in the prosecution of his client Mr..
Connen admitted his language was im-
proper, retracted 1t and made an apology
which was accepted by the court Judge
Sutton then lectured the attorneys for their
actions before the jury and insisted during
the remainder Of the trial they be more
decorous. All the attorneys promised to
observe the admonition OF the court and the
jury was called in again and the hearing
resumed.
After this incident comparative peace
reigned for the remainder OF the morning
session and the attorneys lost much OF their
beligerency.
Members Distrust Each other.
The principal evidence for the state
brought out during the session came from
former Secretary Wills, who testified the
members of the exchange we're watching
each other to find violations OF the rule
regarding soliciting and the cutting Of
prices He said II coal dealers found such
violations they were supposed to notify
him. Andrew Jensen, nonmember of the
exchange testified he was not allowed to
join the exchange because he did not have
any trackage After his application was
! rejected he could not get coal in carload
lots, as he had been getting Il, until some
time this year.
James /. Kemp. 25l2 Leavenworth street.
on whom County Attorney Slabaugh was
depending for important testimony relating
to the fixing of prices by the exchange, did
not make good when he went on the stand.
His memory failed him at certain points in
| the examination and at other times he de-
| clared he sold coal at his own price not
wthstanding the price named on the Coal
exchanges list. The principal point in his
evidence which was favorable to the state
was that the Coal exchange discussed
prices before the list was made up
Court oOnveneE EARLIER.
Court convened promptly at o'clock,
half an hour earlier than usual. Former
Secretary Wills was recalled to the stand.
He said if any price cards we're issued
after April %, 1870, they we're issued by
direction Of the exchange Of which the de-
fendant was president.
do you know whether dealers were
watching each other as to whether thay
were violating the rules regarding soliciting
or cutting Of prices?"
Yes, they naturally would"
DO you know whether there were any
parties who were asked to notify you OF
any member Of the exchange as to solicit
ing or cutting of prices?'
; If the coal dealers found anybody was
cutting prices they would notify me-"
County Attorney slabaugh tried TO intro
duce price cards dated before April %, 1906,
but they were ruled out by the court. Mr..
Connen accused the county attorney Of
trying to get improper matter before the
jury. AT the close OF the direct examina-
tion Mr. Connell had tine witness examine
and identify the first twelve pages OF tho
minute book which related TO the meetings
; of the exchange just before the adoption OF
the new constitution. In these pages It is
recorded the committee from the exchange
consulted counsel Richard l.. Metcalfe Of
the World-Herald and County Attorney
" English as to changes in the constitution
e County Attorney slabaugh at FIRST OBJ
[ jectcd He said the matter was not ma
terial and the minutes referred to the call
70 ing Of certain persons before the exchange
0 to give advice they did not follow. After
l considerable argument It was agreed the
= whole book should go into the evidence, in
cluding the parts Mr.. Connell had objected
: to the day before
ConneII ana Court Clash.
Mr. Connell started to read the minutes
and It was at this point the clash between
. him and Judge sutton occurred. He was
} reading the record OF the minutes which
related MIR. Metcalfe and Mr.. English were
present at a meeting OF the committee
when the court stopped him and told him
It was improper evidence and he could moi
let It go before the jury, as II did moi
matter II the editors Of all three papers had
consented It did not affect the case. Mr.
~ al aar Hs.fT "a.
- jury
* Judge sutton: I know. but the court has
Sc right to withdraw any Of It that is In.
d competent, and that on its face may preJu
D. dice the jury. II. Mr.. Metcalfe OF ths
III World Herald and Victor ROsewateT OF Ih'
rs Bee and the manager Of the News shoulC
IN ali get together and authorize a man Il
commit a murder
Mr. Connell: object and except to tn
i remarks of the court, and / specially excep
= and object TO the court interfering will
n. the evidence that has already been ad
mitted by consent by counsel for the stat
and by counsel for the defendant, ana Whicl
is before this court and jury, and whicl
has been received by your honor; and I an
aist. your honor that II there Is anytalnl
e. TO your honors contending that that can b
c. controlled and corrected by the insuuc
Z. tions, that the evidence Il in before thi
-r. jury with the right 10 read these record
IN by reason OF the fact that Il Is admitte,
evidence and We except 10 the remark y
the court as preiudiclal and, further. you
honor, IN all good faith and sincerity,
n desire 10 except. your honor 10 your honor
as a judge on the bench coming 70 IN
- assistance or relief
win Not Permit This.
Judge sutton-stop right now. / win no
Deru1It this Mr.. ConnelL
al Mr.. Counell--I object and except 70 tn
"a course Of the court
~ Judge sutton-"ai' moment NOW al
m Connell Hh@l excuse Ihe jury moment
m Mr.. Ballin, will you take the jury out 0
Di- the room?
The jury retired fFom the rOoR an