Omaha daily bee., 1907-01-23
CONNELL ANSWERS SUTTON
EccuIed Attorney Defends hin self from
the Charge Of Contempt.
QUOTES FROM RECORD IN JUSTIFICATION
OneHstve Paragraphs Reproduced in
An"wer and Further Remarks
by Court Set Forth to Es-
tabIIsh Innocence.

Attorney w. j. Connell appeared Tuesday
morning before Judge Sutton in the dis
trict court and entered plea of not guilty
TO the charge Of contempt OF court filed
against him by County Attorney English
under the direction OF Judge Sutton, be-
cause Of the conduct of Mr. ConnelI during
the trial Of the Coal trust" case in De
cember.
Attorney Stout, for Mr.. Conneli. read
motion to Quash the information, which
was oVerruled by Judge Sutton. Mr.. Con-
nell then tip-toed into the clerks office
wltr a paper. secured the filing stamp and
returned It to Mr.. Stout, who read it. 1t
was demurrer, which was also overruled.
Then Mr.. Cornell made another trip to the
clerks office and returned with the official
stamp on his answer to the information
and his showing of cause. This was a
lengthy document, and as Mr.. Stout was
engaged on another trial in Judge Redick's
court, the CO ltempt case was continued
until Wednesday afternoon at o'clock.
Mr.. Connells answer goes into detail. He
not only denies the charges OF contempt
against him, but quotes statements which
he alleges were made by the court and
which were prejudicial to Connell.
Basis of Contempt Charge.
The language OF the record on which the
contempt charge against Mr.. Connell is
based is quoted by him from the transcript,
as follows:
Q.-Now, referring to the entry opposite
&. b. HavenS & Co, under June 10, 1896,
the figures and two ciphers following.
what does that mean, 800, or what?
h 70 ior Ine % obsst fba
Il is immaterial and Irrelevant. Further
object that It does not tend to sustain the
charge does not tend to sustain any
count in this indictment. We further OBJ
ject that Il relates to date and time
under which this prosecution went into
force.
Objection overruled and defendant ex-
Mr. Connell-That was a point wanted to
present your honor but IL your honor has
cussions or presentations here, why don't
to go into that.
the Court-You have argued so much law
that / thoroughly disagree with that l
have kind of lost faith .n the law you
present to the court and II I thought there
would be anything gained by this discus
sion l would be glad to hear IT,
Mr.. Connell-I don't want to say that l
have lost faith in the court but T wi n go
think that any law that could produce
TO your honor would have much effect.
The Court-Perhaps that is because you
have argued bad law to the court for a
long time and the court, ! suppose
braska reports, and the supreme court is
responsible for the law. / do not make
the law. merely find 1t and bring it into
court.
Objections overruled. Defendant excerpts,
Controversy over witness Grimth.
Upon Mr.. Griffith being called to the
stand objection was made by the county
attorney that he had violated the order of
the court excluding witnesses from the
court room.
The Court--The court made the order
and told counsel that order would be en-
Mr.. Connell-I want to show by this wit
ness that he was not present when your
honor made that order; that he did not
know anything about II; that he never ex-
pected to be witness when he was called.
and we wish TO state professionally, to
my associate, Mr.. Stout, we did not know
that we would have to call him as wit
ness did not have the remotest idea that
yesterday. and that being SO we ask and
4 demand that his testimony be taken. Now,
honor: THAT a party cannot be deprived
OF the right to use witness simply be-
the court II this witness has violated any
order OF the court, knowing that he was 20
be a witness, and has come into the court
room, he would be liable for contempt of
court; he would be punishable, himself, for
contempt OF court.
ing on trial for an act In restraint Of trade
was on trial for his life and that this was
the only witness by whom he could prove
his innocence, and the witness has violated
the order of the court, is II possible that
he must be denied the right to present that
testimony, and go upon the eXecutloner'
? platform because the witness. the only wit
ness who could testify in his behalf has
willfully, we will say, violated an order OF
the court
Now, your honor I contend and insis
that to exclude any witness called by tho
defense simply because that witness has
violated some order of the court. and the
defendant himself is not party to II
would be not only the rankest injustice, bu
would be error OF the grossest character.
The Court-Thcn we will have error o.
the gfossest character Now, l do not liki
that remark, "grossest, rankest injustice.
Now, Mr. Connell, you have been making
free use of such remarks and some tim,
you are going TO find out this court is no
going 10 permit that any more,
Controversy During Final Argument
During the final argument to the jury
while w. j. Council counsel for the de
PENDANT, was addressing the jury and wa
making reference 20 the time when tn,
constitution and bylaws of the Omaha Goa
exchange were adopted and that II tn
same were In violation of law, the act o
adopting them was more than eighteen
months prior to the finding OF the indict
ment and in that connection he turned to
ward the county attorney and said: "Wh!
is II that this Indictment was not founi
~ until just before a general electionT' There
upon the county attorney arose and said
III your honor please. l object to sucl
statement from a man who knows better
as a reflection on this court which calle-
the grand jury that found this indictment