Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1907-02-03
PROMINENT LAWYERS
JAILED FOR CONTEMPT
Put Telephone In Their Cell
Which Judge Removed.
LEGISLATOR ONE OF PRISONERS

the Two Prominent Lawyers Who
Have Been JaiIed-ordered to Pay a
Fine or Go to Jail.
Tiftons Ca, Feb. 2.-Worth su-
perior court was in session in Syl-
vester this week, Judge w. N
Spence presiding. The sensation of
the week was the flning OF Attorneys
Claude Payton, c. E. Hay and j. A.
Conner for contempt of court. Colonel
Payton is representative elect
for Worth county and Colonel Hay
also resides at Sylvester. Colonel
Conner lives at Ashburn in Turner
county.
The ruling for contempt grew out
of the case of Nipper versus Nipper
suit for divorce and alimony from
Turner county. Messrs. Payton, Hay
and Conner representing the defend
ant, and an order was Issued by Judge
Spence requiring said defendant, Mr..
Nipper, to filed condemnation money
bond for $500 for his appearance at
the hearing. This order the defend
ants attorneys objected to, and af-
ter making verbal application be-
fore Judge Spence for modification
thereof, they brought petition in
habeas corpus before Judge Pearce of
the city court of Sylvester, praying
that the defendant be released from
custody on his filing a statutory bond
for his appearance.
This petition seems to have been
rather salty in character, in which
matters personal and otherwise, were
touched up in a pretty lively manner.
So severe was it that Judge Park or
dered Objectionable language ex-
purged from the records in the case,
and then granted the petition releas-
ing the defendant when the statu-
tory bond was fled Judge Spence
ordered the attorneys before him to
show cause why they should not stand
in contempt of court, because they
brought petition to set aside the rul-
Ing Of the higher court before an In
fegior court. When the petition
should have been brought before the
court by which the order was granted.
The attorneys were adjudged in con-
temp, and fined $75 or ten days in jail
each Colonel Conner was away at
the bedside of his father, who is at
the point of death, and outside of
the jurisdiction Of the court.
FNN1CDAI "
chose to serve the Jail sentence in
preference o paying the fine, and are
now in prison, haviny already served
two days of their time. It is said
when they were first imprisoned they
ordered up a writing desk, books and
stationery to carry on their business
ana had a telephone put in, so that
they might communicate with their
clients.
This Judge Spence cOuntermanded
as soon as he learned it was being
done. The situation is said to be
very strenuous in the county of Worth
and the war clouds are lowering
around the temple of justice in Sylves-
ter No man in the state is better
KNOWN in politics than Judge Spence
whom current rumor associates with
the race for congressman from the
second Georgia district two years
hence.
Colonel Payton was nominated for
representative from Worth county at
the last democratic primary after a
spirited contest, and Colonel Conner
is a very prominent member of the
Turner county bar. The affair has
caused a good deal of feeling between
friends of both parties, both Judge
Spence and the lawyers being very
popular i'll Worth. The strenuous
feeling among friends of the parties
is offsent by feeling of amusement
in the public mind at the rather nov
ell situation There is no doubt but
Judge Spence thought the fine would
be paid. but the attorneys in contempt
considered 1t unjust, and as they
could not be made to pay it, went to
Jail.
On the other hand the attorneys
thought they could equip their room
in the Jail as an Office and continue
to transact their business, but this
Judge Spence promptly stopped by an