The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1909-05-01
RsRCEO OF CONTEMPT
AND SENTENCE TO JAIL
Court Recedes From Former Standpoint and
Grants Right to Use Notes.

Prosecuting Attorney Pugh wor
. great victory in his own behalf
and that of the state in the prose
cution Of the Gordon and Schive
ley cases today when Judge
Huneke rescinded. the order com
hitting Pugh to the county jail fol
his refusal to give up the short
hand notes taken before the CRANE
ury, and agreed that Pugh should
cave the right to have the notes
transcribed and used in court In
he trials of the several persons
.rdicted by the grand jury.
The change of attitude on the
part of Judge Huneke came after
lengthy conference between
Prosecutor Pugh and his counsel
G. S. Voorhees,, and Judges Hun
exc and Webster, held in Judge
Huneke's private office, during
which Pugh said he would go %
Jail rather than give up his notes.
The private prosecutors for the
court. Frank Graves and Frank
Post, also attorneys for Gordon,
were not present, but Mr., Post was
called for by ,I'ldge Huneke after
the close of the conference. Post
was busy preparing a journal en-
try of the first contempt case
against Pugh and J. II. Pelletier,
which was presented later In the
morning and spread of record In
8 ne minutes of the court.
The courtroom was filed with at
torneys when Judge Huneke as.
cended the bench at 10:40 a. m.,
ut the close of the conference with
Representatives OF the state. There
was keen interest among the law
yers in the outcome of the con-
tempt proceedings, and every WORD
OF Judge Huneke in announcing his
conclusions in the case were heard
in deathlike stiffness. After the
hearing number of the lawyers
went to Prosecutor Pugh as he was
leaving the courtroom and offered
their congratulations on the out
come of the attack on him.
The full membership of the
grand jury was present in court
during the hearing and the JOY OH
their part over the fact that the
prosecutor did not have to go to
Jail and that he had established
his right to use the notes was
neen. The grand jurors had agreed
to assume all the responsibility for
the taking of the shorthand notes
n go to jail along with Pugh If
II became necessary.
Under the agreement reached by
Judge Huneke and Prosecutor
Pugh the stenographic notes will
be kept in a safety deposit vault
under separate locks and keys, so
that neither party can have access
to them without the other being
present. On affidavit of Pugh that
the notes are necessary in the trial
OF the cases pending he Is to be
permitted to copy them in long.
hand.
In the meantime, the other case
of contempt in which Pugh was
fined $50 and his deputy. Pelletier,
IS and Pugh ordered to give up the
notes, will be carried to the SUI
preme court by Pugh. He has re-
tanned Mr.. Voorhees, to aid him in
this appeal. and Voorhees, said this
morning as he was leaving the
prosecutors Office, II am with you,
Mr.. Pugh, until the finish"
The hearing of this appeal will
be rushed as fast as possible, but
the state does not expect that 1t
will be- reached before the fall
tcNnis Bond in the sum of $500
has been given in this appeal by
Pugh and Pelletier, with Felix
Pugh, father of the prosecutor, and
J. S. Phillips, member of the board
OF county commissioners, as
sureties.
In announcing his conclusion In
tie contempt case today Judge
Hunelee ktyT, "~ do. d.
an tlpx4atter of the contempt
proceedings on yesterday against
Mr.. Pugh, which involved the sur
render Of stenographic notes taken
before the grand jury, a decision
has been reached which will obvi.
ate any further proceedings In ref.
erence to the contempt proceed
ing. l~.,eiLrs,Is
. I'm the matter Of the contempt
proceeding against Judge Sullivan
and others, ] announced, and was
firmly convinced from the authorI-
ties, that the rule of secrecy, the
~nle which requires proceedings be-
~ 'he grand jury to be kept Sc.
" y yield when the higher