Evening capital news. (Boise, Idaho) 1901-1927, 1912-12-24
DECISION IN CONTEMPT
CASE TO Be GIVEN ON
JANUARY z
Continued from First eageJ
Cruzen had control of the paper.
Political Stunts.

1
! Cruzen had control OF the paper
Political Stunts.
/ The performing of political stunts
/ the explanation given by Cruzen for
telling he was in control of the papers
/ policy, was scored by the attorney gem
| eral What was Cruzen's object p
/ queried. ION the other hand he Is now
before this court and we can readily see
why he should enter a denial to the
/ charge"
1T is true" said the attorney gem
eral, later. that Broxon took the stand
and said he controlled the policy of
the paper, is the power behind the
throne. and the throne itself. This
seems to be one Of the peculiar news
paper ethics. II we had brought in d
reporter to testify he would have as
sumed all Of the responsibility No re-
porter being in the case, the manag-
ing editor, who is on salary, takes 1t
upon himself to assume all the respon-
sbility, and follows out these ethics to
defend the higher ups"
Reluctant to Appear.
In opening the closing argument for
Cruzen. Attorney Fraser referred to
his reluctance to appear In the case
first, he said. because he was an at
torney in another case called at the
same time, and second because he be-
lieves in unfolding the law and the
courts He added that he knew the
great masses of the people have respect
! for the bench, but added that respect
can only be satisfied by the belief that
the courts cannot be influenced, and
! are unbiased.
TT VIII be a sad day for this state,
or any other state, when any case will
be tried by the newspapers rather than
| by the COURTS" declared Attorney
| Fraser
The charges preferred against CRU
zen We're reviewed with the statement
by the speaker that the people. the state
and the government are all Interested
lin them and the outcome OF the pro-
ceeding.
There is nothing to show in the
evidence that Mr.. Cruzen had anything
whatsoever to do with the policies of
the articles involved in this case" as
serted Mr.. Fraser THE fact that CRU
zen told Tom, Dick and Harry on the
street corners, or anywhere else that
he controlled the policies Of the paper,
does not constitute q case for this
courts jurisdiction. II those state
ments were not true 1t is question
for Mr.. Cruzen's conscience, but not
one for elaboration OF this court
Bitterly Scores Prosecution.
Turning his attention to the prose
cution and the prosecutor Attorney
General McDougall, Mr. Fraser bitterly
scored the tactics used by him In the
introduction Of stipulation TO the eff
feet that witnesses subpoenaed by the
state We're prepared to go on the stand
and swear that during February, 1912,
Cruzen made statements to them about
control of the paper when In truth and
| in fact Cruzen Was not in the state
and coald not have made the state
ments, the evidence showing he was
not here from December. 1911, to
March, 1912, yet the state did not
swear its witnesses.
IL as the state declares our Wit
nesses have gone on the stand and
sworn falsely what has It to say about
the falsity Of this statement" de-
manded counsel for cruzen rs this
the kind of evidence to produce in this
court to attempt to show that these
atAfilNeiiitS dlt
The fact that Broxon's testimony. to
the effect that he and he alone con-
trolled the editorial policy of the Capt.
tai News and that Cruzen had Moth
ing to do with 1t, 9. fact that remained
uncontradicted. was. stated Attorney
Fraser, sufficient to refute the charge
of the state and to refute it COM
pletely
L have never seen. in all my ex-
periences, an attempt to try case as
has been done in this one, without the
prosecution introducing one witness on
the stand said Mr. Fraser. THE at
terney general should have acted fairly
in this matter and had no right not to
bring witness on for the state"
The burglary illustration was scored
by the speaker and in reference 10 the
ethics Of the profession as cited by the
attorney general he said that there
was no evidence In the case to warrant
any such statement or to argue 1t into
the case He claimed the attorney gen
eral had no right to leave the court in
the dark in this matter
Court Should Be Fair.
In closing Attorney Fraser said that
tho court should lie fair ana act Inn
partially in the case. lie added that
the court was not interested in the case
to protect itself alone but should pro-
tect the rights of others under the
solemn oath they had taken. He
pointed out that the case was deli
cate one. one that courts approach with
the greatest delicaey; that a jury Is
denied and the court appears prosecu-
tor and Judge on the same case
Attorney General MeDoagaIl briefly
replied in closing the case and chief
Justice Stewart announced that the
case would be taken under advisement
as the ease is a very serious one, re-
curing deep thought and that the de-
cision would be rendered on Jan .,
when the defendants would be ex-
pected TO be present.
Afternoon Proceedings.