Pine Bluff daily graphic., 1911-09-22
HUNT CASE UP
 ktXI MONDAY CONTEMPT CASE IN WHICH LG CAL ATTORNEY FIGURES TO
 BE AIRED IN COURT.
CONVENTIONS
Pine Bluff Attorney Was Fined S5,000 For Refusing To File Rhea
 Testimony.

Little Rock, Ark, Sept 21-The Supreme Court will take up next Monday the question of the contempt case of Attorney Sidney J. Hunt, of Pine Bluff, assistant counsel for the state in the prosecution of w. s. Rhea for the murder of Vital Arch 13 Rhea has been indicted at Arkan- sas City for murder in the first de- gree.
 Preceding his indictment, last July, application was made by K o. Pin dall counsel for the defense, before Chancellor Martineau for the admis- sion of the accused to bail but the application was denied, and an appeal was taken to the Supreme Court.
 City Attorney w. B. Sorrells and Attorney $. J. Hunt, of Pine Bluff, were in the city today preparing for the hearing on Monday According to their statement, they had private ly employed H. l.. Sternberg, Pine Bluff stenographer, to take the testi- mony in the hearing before Chancel- Tor Martineau, not as court official, fense had announced that their testi- mony would be taken by MT. Atkin- son, of Little Rock The court sub sequently directed Attorney Hunt to file with him the transcript of the evidence, but Judge Grace, at Pine Bluff, directed Sternberg to prepare the transcript and deliver the same with his notes to his employers, the counsel for the prosecution. On August } Chancellor Martineau caus- ed Attorney Hunt to be brought be- fore him, and upon his refusal to de- liver the testimony to the court, fined him S5,O00 and sentenced him to six months in jail for contempt of court Judgment was suspended until the following Tuesday to enable him to appeal if he wished to do so, and a writ of certiorari was secured from Justice Wood, superseding the judg- ment of the Chancellor.
 The prosecution will contend that the stenographeris transcript is not court property, and that as the Chancellor had already disposed of the case, he had nothing further to do with it. The court will contend that Sternberg was acting as court stenographer, and that as such he could be required to tuln over the transcript to him.
 The defense will contend that the indictment returned against Rhea at ,, Arkansas City is void because of an act changing the time Of holding court there, and that the case is there- , fore still pending before the chan Icellor, as only circuit judges may pass on bail after an indictment is returned.
 In a brief filed today by the prose eution, it will be contended that Chancellor Martineau had no juris- diction in the case ill the first place and that therefore any action that hs may have taken in the matter is null and void, under section 3,S40 of the Digest, which reads as follows:
 "The writ shall be directed to tht person in whose custody the plisone
 is detained. and made returnable, a. soon as may be, before the supreme circuit or chancery judge of the coun
 ty in which it was served, if eithe,
 be within the county
 It is held that Circuit Judge Grac,
 and Chancellor Elliott were in lief
 ferson county at the time. and tha
 the application should have bee
 made befo @ one of them without go
 ing outside the district.