Daily capital journal. (Salem, Oregon) 1903-1919, 1908-03-06
COURT IN EARNEST
If DEFENDANT FAILS TO PUT IN
APPEARANCE COURT THREAT
EMS TO PROSECUTE FOR con-
TEMPT-DEFENDANT WILL AP.
PEAL.

/
pear In the circuit court and show
cause why he should not he punished
for contempt. The affidavit filed by
Fulton today. to the effect that the
fee books had been burned. was not
valid because II had been written in
the third person Fulton has de-
olared his intention OF carrying the
matter TO the supreme court. and
when the matter Is called on the 18th
will be prepared to furnish the bond
set by Judge Galloway. II having
been agreed at today's session OF
court that the former secretary
should not have 70 undergo the In
dignity of being arrested.
Anticipating an order of the court
for Dunbar 20 appear to answer the
lnterrogatlons OF the states attor-
neys, Fulton called the attention OF
Judge Galloway 10 the technical err
ror in the afiidavlt. in which failure
was made 10 mention that the books
were in the possession OF the defend
ant"
Arguing on this technicallty and
similar pecadilloes. Fulton assumed
the position that he was willing 20
bring Dunbar into court n a Subpoena
were Issued for him, but gave as an
excuse for not having him come 9TH
erwise that "he might have 40 suits
started against him."
McMahan. at the conclusion OF
Fulton's address, startled the defend
ants attorneys that the joker--the
writing OF the afidavit in which the
third person was used throughout
nullified the document. and II ceased
20 be an afidavit-had been dlscov-
cred.
The word "athdavit" was used
throughout the entire document. and
aa McMahan called 20 the attention
OF the court. III Dunbar had not told
one word OF truth In that paper. and
We could prove he had those books.
he could not be held for perjury"
Judge Galloway then rendered his
decision, In sub stance. as follows:
"The court stated In the beginning
OF this trial that the case would
probably go before the supreme court
and il was. therefore. necessary that
every fact should be elleited In re-
gard 60 the charge, and Il Is the iuds
ment OF the court that the defendant
Dunbar be broIght TO the stand and
examined"
Here Sam Kozer was the subject
OF a further oensuring at the hands
OF Judge Galloway. who stated:
This assistant 20 Secretary Ben
son. Mr. kozer, who eyaded giving
the truth. AMI whole truth. as he
swore TO do. viii also be brought
back to the witness stand. aud made
10 answer straightforwaFdly."
Attorney Fulton here announced
thAt he was prepared 10 resist the
order' and carry the matter to the su-
premc court.
Judge Galloway set March 18th as
the date for the citation 20 issue re-
Qniring Dunbar Go show Why be
should not be aned for contempt OF
court. AZ that time Judge Galloway
will agree 10 Dunbar's bond, whica
Fulton promises 20 produce on n
moment.
fresnt Hank sheets.
In course OF his statement 20 eoan-
sci yesterday afternoon Judge Gallo
way said;
The witnesses who have been here
GA the stand, and who were In a posi-.
tion 20 know. were called upon 10
sive testimony as Il bore upon this
saoiecs, and have presented a blank
sheet OF paper, AR. Koser stated
The court certainly is OF
lhe opinion that he anew a great deal
about this matter: the defendant Is
aot iH court; the plalntias have a;
their command an Of the powers ofl
lhis court TO bring these books into
roart, or oTins the defendant. as the
aoart wants ali Of TIE facts upon this
na,ter. TIE defndaut h Ros IN court
here he can SO on TIE ssand aad
slve light On the sobiees. aud Ms.
Koaer can certalnly have told . great
teal want SAe defendant u con.
slaer that this ls nos = huse ioAs. 70 |
- taken uilhoat slnoerlty.