Omaha daily bee., 1906-12-07

Judge sutton continuedF Now, Mr. Con-
nell the court has no feeling in this matter
IN the sense Of desiring revenge or anything
OF that kind at all, but you have persis-
tently and throughout this case under
taken "a prejudice the fury in every con-
ceivable manner that Is honorable and dis
honorable You have sought from the be-
ginning OF this case to prejudice the jury
and to cast reflections upon the court.
Your conduct has been more or less bad
throughout the trial of this case; It has
been continuous ans the court has permitted
you to use loud and boisterous language to
the court; -you have hollered and beloved
in the ears OF the court like a man driving
a pair OF mules. and when you object 20
certain evidence you frequently say II Is
offered for the purpose Of pre1udicing the
jury and that It will poison the jury and
you have INDUCED in great
many inhan1matory statements with
the purpose Of prejudicing the jury.
The court has repeatedly told you this
must stop, but you have constantly kept It
up. You were casting reflections upon the
court for the purpose Of weakening the
effect that the court may have upon the
jury. The. court win now. before It places
a fine upon you, give you q. fair chance to
apologize to the court. II you care to do
so: otherwise the oourt-wiA order that you
be sent TO the county jail You have just
repeated ~
Wiling to ApoIOEize. er
Mr. Connell-I would IKE TO inquire of
the court what particular statement or re-
mark / have made that would require or
demand an apology from me. II I have, in
the heat Of discussion IN the course OF this
holly contested case, made, use OF any ex-
preston las may have done Inadvertently
would be very willing, youc homer TO re-
tract It or apologize, I believe. 1t Is a
manly thing always to take back anything
that is improperly said or to render an
apology to the court or. to any gentleman
regardless OF whether he happens to be In
court or not l stand ready and am Willing
to do that. But L could not with
draw or apologize for acts OF mine or state
ments OF mine in the necessary defense oi
my cAientS in the way OF objecting tO GER
tain matters that l deem Il proper to OBJ
ject to and with regard to which l wish
10 make a record. Now, to come back t.
the proposition. II senr honor viii indi
cate any statement that, have made tina
I should retract. 50 as 70 give me an ide'
OF what, is In your henor's mind, i ther
win be very ready and willing to MAKE
response. s,t;.. g. 4,
Judge sutton; Mr.. Reporter, will yol
read the record as taken by your
(The reporter reads the 'record-)
Picks out the Statement.
Mr. conneu your houot. 1 think tha
last statement made by me, as read b,
the reporter, is improper and stand read!
TO retract II and win apologize for makini
use OF that statement, because l do no
think Il is a proper thing 70 charge upol
judge4-that he is coming to the assist
ance OF either counsel. But 90 far as TN
other is concerned ! think your honor vii
,ooncede that j had the right to do that.
The Court--I have no objection to any
thing else. l wish to say the court has n
desire to be, to treat counsel harshly o
to, in any manner, hamper him in tn
trial of law suit, but you have insinuate
ali through this trial you may not nav
intended to-; you have inslnuated that
was helping or coming 10 the rescue Of IN
county 4ttOrney-helpipg him out-and tina
IL something that the court will not per
NIT. and such Statemests ought not to b
made by cuunsel.
No Eaith tn oORnem Law. 81
MT. CoHhelI-7Y Your honor must not los
sight Of the fact that, your honor hs
severely osaticised noe and has STATED this
the law presented by me was. not worth
OF consideration Your honor. has said this
in erect YOU sid that you had lost conf
denee in my law or IN my statements a
TO the law. You have gone to the furthC
extreme and merely call your honors al
tention 70 that to show that the fault
not altogetheF on one side
The Cohfts-we have sbont large amour
of time In THE case In arguing questions
law and I have stated that had lost cor
hdence ia ths Kind Of law that you wei