The independent., 1907-01-31
CONNELL ADJUDGED GUILTY
OMAHA ATTORNEY HELD IN CON-
TEMPT OF COURT.
THOUGHT JUDGE WAS BIASED
Trouble Arose in Trial of Coal Trust
President - COnnelI VIII
Appeal to Supreme
Court.

OMAHA, Neb., Jan. 2S.-W. J. Con-
nell was today adjudged guilty OF con-
tempt Of court by Judge Sutton for
his attitude toward the court during
the trial of S. e. Howell, president Of
the coal dealers exchange, who was
convicted of violation Of the antitrust
laws.
Mr.. Connell was attorney for Mr..
Howell and on one occasion during the
hearing Judge Sutton sent the jury
from the room while he lectured Con-
nell on his manner of conducting the
case and made him apologize for HE
thrice repeated insnuations that the
court was helping out the prosecution.
This afternoon Connell made a final
plea in his own behalf before the court
in course of which he declared he en-
tered the contempt trial already con-
victed, (Which reminds me-" he pro-
ceeded to say, ''of a story" and ne
started to tell an amusing tale Of
colored justice court In Arkansas. The
spectators were greatly engroSSed in
the story when Judge Sutton broke in
with warning and told Mr.. Conneil
that he would not be permitted to
abuse the court.
In concluding his plea Connel said
dramatically, II would rather rot in
the county Jail than be unfaithfnl to
the interests Of a client" Judgment
and sentence will be entered Tuesday
afternoon Connell will at once takc
steps to carry the matter to the su-
preme court.
County Attorney English made an
argument on behalf Of the state lasting
only few minutes. Then Attorney
Stout spoke more than an hour on be-
half Of Mr.. Connell, and then Mr.. Con-
| nell began his argument The lawyer
who has been charged with contempt
because of remarks made during the
trial Of the coal trust" case was the
personification Of earnestness as he
stood looking the court straight in the
eyes and pleaded for the vindicaton OF
his professional reputation. Several
times Judge Sutton had to interrupt
and remind the attorney that the court
was not on trial.
Comedy or Tragedy.
"The curtain is about to be rung
down on this comedy or tragedy, what
ever it may be-" said Mr.. Connell. 1T
may be either, or, as your honor has
designated it, vaudeville performance.
For the first time in my life ! am
charged with a crime. For the first
time by liberty is jeopardized by the
threat of a fine or Imprisonment. For
the first time in my thirty years career
/ am charged with conduct unbecoming
an attorney.
II will not go to the extreme of my
counsel, Mr.. Stout, and say that / have
never overstepped the bounds Of exact
ly exemplary action before the courts
! may have done so unintentionally at
in ha orra of
But this Is the first time a court has
ever intlmated that / was guilty OF
contempt"
Mr.. Connell dwet at considerable
length upon the fact that he was al
ready convicted before the trial began
He referred to the statements of Judge
Sutton that the information was filed
merely 10 give him chance to go on
record. and declared he was i'm the no-
sition of the horse which entered the
race already beaten. Then he took up
the several counts OF Information
Comparison with HibIc.
"You can prove by the Bible that
there is no God, for the Bible expressly
says so," said MIR. Connel "But tho
statement must be taken with the con-
text. and that is. The fool hath said
In his heart, there Is no God So IN
the charges made against me"
He referred TO one OF the counts
whore II Is charged Connell stated that
he did not believe any law he could
present would have much effect on tho
court, lie showed that the court, i'm
medlately preceding this statement had
said he had lost faith In the kind OF
law Conncll presented.
IL merely reiterated your honors
statement" said connell. "can the
court bc Ia contempt OF ttself7"
Regarding his remarks To the court
when the witress. lritnth. was ex-
eluded during the coal case. MIR son-
ncll reiterated strongly his contentloa
thar he had made his objections q tho
exclusion nf che witness before tha
court had positively ordered him from
tho witness stand.