Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-01-30
CONNELL IS FINED BY SUTTON
Convicted on Charge Of Contempt Of Court
and Assessed Cns Hundred Dollars,
ATTORNEY WILL APPEAL CASE At ONCE
Expected Judge 60 Give Him Jail
Sentence and Was Ready TO
GO to Supreme Court
Forthwith.

Judge Sutton on Tuesday afternoon inn
posed a fine Of SlOO and costs upon Attorney
w. ]. Connell who has been on trial for
contempt OF court in the trial Of the Coal
trust cases. The court read a formal
finding in the case pronouncing the at
toruey guilty on the first four Of the six
counts on which the information was filed.
Before pronouncing sentence the court
asked Mr.. Connell whether he had anything
to say. to which Mr.. Connell replied:
II have said all oaSe to say in my an
swer and my argument in this case"
The court room was filled with spectators.
Before imposing the fine the court said it
would try to lean toward leniency rather
than harshness in view of the fact that Mr..
Connell is an old resident Of Omaha and
has never before been cited for contempt
MIR. Connell will remain in the construct
i've custody OF the sheriff, - said the court.
ConnSm Expected Jail.
Attorney w. ]. Connell yesterday had the
legal machinery all ready to spring in case
Judge Sutton sentenced him to jail at the
conclusion OF the contempt case. He was
ready for reetition OF his procedure in the
council contempt case. where Judge Sutton
sentenced the members of the council to
thirty days in Jail. Had the court imposed
| Jail sentence on Mr.. Conneli a man
would have been in the supreme court at
| Lincoln within two hours The check pay
able to the clerk OF the supreme court for
| the supersedeas bond was signed by Mr..
! Connel before the sentence was pro-
nounced and all the legal papers neces-
sary were written so far as possible.
Mr.. ConneIs firm conviction that the
court intended to send him to Jail and not
| even give him a chance to get super
sedeas bond, a conviction to which he had
attested in sworn affldavits was not at all
realized in the fine imposed by the court.
In accordance with Mr.. Connelrs view.
the general opinion was that the court
would sentence him to jail The court had
reiterated that he entertained no malice
toward Mr.. Connell and just before Inn
posing the fine, said:
No TaInt of Malice
There Is not the slightest faint of malice
in the trial OF Mr.. Connell for contempt
1t is the courts sole object to see that
order is preserved in the court and that
the dignity of the court is preserved.
do not believe Mr. Connell knows how
disagreeable his conduct is when he ls ir
the heat of argument in a case. Once
during the trial he overstepped the bounds
but on that occasion the court accepted
! his apology. Even now, at this stage Of
Y the trial. the court would accept an apology
e for what has happened and dismiss thu
{ case IL he thought that Mr.. Connell would
conduct himself more seemly in the cour
h in the future"
= The defendant would have had the RICH
e TO take three days to-fle motion for
new trial. He did not take advantage o
h this, however. and the formal nations pre-
r paratory to getting the case to the 81
= overruled. 'F.t %
d Mr. Cornell stated yesterday that he ex
poets to have the case in the supreme cour
: by the end OF this week. He will then tr,
Il to have II moved ahead on the docket. s.
Il as to secure re6ie"%or It within tn
g shortest possible time.
g The proceedings in this case will not in
n terfere with Mr.. Connells action as counse
3 in the Coal trust" cases still to be tried