The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1909-04-29


Judge Huneke's court this after.
noon when the contempt charges
brought against Prosecutor Pugh
and Deputy Pelletier by Gordon's
attorneys as attorneys for the
court came up for argument
Prosecutor Pugh assumed all re.
sponsibility for Pelletier taking the
notes. He stated that he could not
see his way clear to conduct the
grand jury investigation into the
Gordon-Root case along the narrow
lines laid down by the court, and
that in the determination to do his
duty as prosecutor he had proceed.
ed as he saw fit.
He declared that he had taken
notes In order that the grand jury
investigation might be made effec-
tive.
Pugh argued that in the con-
tempt citation against Judge Sui.
livan and others the court had held
that showing Of malice and in.
tent to defeat justice must be
shown to constitute valid charge,
and that nothing of the kind could
be attached to his action in taking
notes of evidence.
He said further that If the grand
Jury investigation was conducted
in a manner TO suit Gordon's attor-
neys 1t would amount to nothing
more than farce.
While he Expressed the greatest
respect for the court, he said that
he felt the court had laid down a
ruling in this instance that was en-
tirely new to Anglo-Saxon law.
The young and able prosecutors
maner was earnest and dramatic in
the extreme as he alternately faced
the court and the battery Of hostile
attorneys arrayed against him.
At the opening of the afternoon
session Gordon's attorneys made
Pugh a party to the contempt
charge. Pugh was asked II he had
shown a detective in Seattle an ex-
tract of the grand jury evidence,
which Pugh denied.
Foreman Davis and Clerk Schoen
of the grand jury testified that the
grand jury by unanimous vote in
structed Pugh to take the notes.
They had no knowledge that the
notes had been outside the grand
jury room.
After legal sparring between
Prosecuting Attorney Fred Pugh
and his chief deputy, ID. F. Kizer,
on the one hand, and Frank L.
Post, attorney for M. ]. Gordon, on
the other, which continued during
the entire morning session in Judge
Huneke's court. the bars thrown
up by the prosecuting attorney to
guard his taking of shorthand
notes in the grand jury courtroom
were knocked down and Pelletier
and Pugh forced to testify In open
court that such notes were taken
and afterward transcribed.
Attorney Post appeared in the
dual role as filing the information
against Pelletier as a friend of the
court and as the prosecuting officer
appointed by the recent order of
the court in the case. The battle
was spirited. and sharp exchanges
were frequent between Pugh and
Post.
After the state had lost in the
preliminary fight Attorney Post
called for Pelletier. Bailiff Walker
was sent after him, but Pelletier
refused to 60 to court on the
ground that he had not been served
with a formal SUBPOENA, as required
in all such cases. Deputy Prose
cutor Kizer confessed to having in
structed Pelletier to waive none of
his rights, which caused Post to
leap 70 his feet and in a very ami
mated maner demand that a bench
warrant for Pelletier be issued and
that Kizer be cited for contempt,
The court granted the request for a
bench warrant and said that he
would take the action of Kizer,
whom he said was in contempt, un-
der advisement. About this time
Pelletier came voluntarily into
court, having been called over the
phone by Kizer.
The state. in the preliminary
skirmish, attacked the new affida.
Wit filed by Frank Graves and
Frank Post as friends OF the court
in which 1t was set forth that Pelie.
tiers refusal to testify at the for.
mer hearing constituted an admis-
sion of guilt. A motion was made
by the state to strike out this por.
ton of the affidavit. which was
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