The Birmingham age-herald., 1909-06-26
Apologies Made After Attorney Johnston Is Fined for GiV-
 ing Lie to Witness
FEELING IS AGGRAVATED
 BY HUMIDITY OF COURT
Everybody Gets in Good Humor, How ever, and Beginning of Argu- ments Shows End of Long
 Case Is In Sight.

Bright and chipper the principals in the Clabaugh- -vanHoose suit reported in Judge Lanes division of the circuit court yesterday morning ready for a continua- ton of the fierce legal battle which had already been waged for a period tending over seven days. Preliminary to the opening of the case yesterday every body was in the best of humor and the day started off in great style.
 Mr. VanHoose, the defendant in the case, walked about the court room swing ing his arms In that own characteristic way way of his and in his joval, good natured way passed around the room with good word for every one. Mr. Clabaugh and his attorneys were busfly engaged in the arrangement of papers which were to be put to use during the day and they had little to say other than to reply pleasantly to remarks addressed to them. MT. Weatherly, the curly and auburn-haired attorney representing the defendant, was just as busy as ever ca yorting about the room in his checked mohair suit, blue shirt and tie and tan socks and black shoes, talking with and jollying his friends, stopping occasional
 
 way to see who 1t was made so much noise entering the court room MT. Cab- aniss, leading on the defensive, was bus. fly engaged in arranging his papers pre- liminary to opening the case and was too much absorbed in his business to say much to anybody The air in the court room was perceptibly one of light heart edness and good humor, which subsided only visibly when the bailff rapped for order.
 Mir. Johnston's Spat.
 But the whole scene was spoiled shortly thereafter by a spat which occurred be- tween MT. Johnston and H. Quay Me- Ellwee, representative of the Diamond Match company, placed on the stand by the defense, which affair resulted in MT. Johnston being fined $25 for contempt for using that great and nationally famed Rooseveltian expression, 'lie," which was applied to the witness.
 The whole trouble seems to have grown purely from misunderstanding between the plaintiffs attorney and MT. McEll- wee, the witness. MT. McEllwee was placed on the stand to testify why he, as representative of the Diamond Match company would not sell MT. Clabaugh any matches. MT. McElwee went on to explain that it was on account of the somewhat unfavorable commercial report on MT. Clabaugh's business, stating that the report showed that MT. Clabaugh was a thoroughly reliable young man but that the financial backing of his firm was somewhat doubtful.
 The matter was led up to by MT. Cab aniss' question:
 What information did you get as to the credit or financial responsibility of MT. Clabaugh or his f1rm?'
 MT. McEllwee replied that he had had information from MT Holman of the Diamond Match company. based upon a commercial report and the witness start ed to tell what the report contained when MT Johnston interrupted:
 You need not give that" referring to the contents of the commercial report; you got that from MT. Holman
 And I gave 1t to you" MT. McEllwee replied.
 "It's lie" MT. Johnston impetuously stated Thereupon Judge Lane immediately took a ing been offended and MT. Johnston was fined s25 for contempt.
 Grew Out of Misunderstanding.
 It developed promptly that Mr. McEll- wee was referring to the correspondence and not the commercial report, which had been returned to the Diamond Match com pany, and MT. Johnston understood that he had meant to say the report itself had been given him.
 The questions were written out by the stenographer during the recess, and while MT. McEllwee was on the stand conclud- ing his evidence MT. Johnston interrupted to state that he was satisfied that the witness had not meant to infer that he had delivered the report, and expressed his regret at his nasty statement.
 This ended the incident and as MT. Me Ellwee left the stand he and MT. Johnston shook hands.
 Mir Cabaniss requested that the fine be remitted, and MT. Johnston expressed his appreciation of the act on part of op- posing counsel, but stated that he did not ask it's remission.
 The court allowed the fine to stand.
 No More Frivoity.
 After this Judge Lane would stand for no frivolity and he was very serious and strictly business-like. He even called down the bailiff once or twice and re- peatedly reprimanded the spectators for being noisy. And as matters progressed things assumed lively air. After the introduction of another witness or two the Judge declared a f1ne-minute recess.
 The super-heated and humid atmosphere in the courtroom had taken on the tenn perature of blue blazes, and when Judge Lane stepped down from his bench there was immediately a shower of coats being shed from the shoulders of those who had been at work After MT Cabaniss had rid himself of his coat, displaying very flossy pair of blue suspenders, which stood out in strong contrast against an im- maculate white shirt, standing collar and black and white striped four-n-hand tie, MT. VanHoose got rid of his outer body armor and stood up by MT. Cabaniss to display his mighty pair of shoulders and his athletic build. And again he swung his arms back and forth as he is wont to do. Then Mir. VanHoose approached the re- porter and greeted him with a cheerful "Good morning, young man." Collar wilted, and mopping his swelter- ing brow with a handkerchief, he re- marked: well, sir, I'll tell you I have been at work pulling fodder in the corn field where the stalks were much higher than my head, and 1 thought it was hot then, but this courtroom has got the corn field beat a mile. I see lot of people here sweltering and breathing the prison- contaminated air of this courtroom when thev could get out and breathe the free