Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1912-11-28
MUST
MAKE NEW BONDS
BONDsNliN or IL DEFENDANTS
HAVE BEEN IDENTIFIED, Al.
TORNEY SAYS.
counsel WAS "INS0LENT"
Court Threatened Ia Put Attorney
Who lie said Was Insolcnt,
In Jail Too,

INDlANAPOLIS. Ind. Nov. 21.-
on the ground that tholr present
bonds, aggrcgatng 100000 were IN
domnified and therefore invalid, II
of the 45 defendants IN tho dynamite
conspiracy trial were instructed hy
the court today that within reason.
able time they must procure now
bonds or remain in jail IN the inter
walls between sessions Of the trial.
Tho court held that as It was on
the eyo Of q holiday he would not en-
force his ruling tonight, in which
event attorneys for the defense said
tho defendants must inevitably have
gone to jail. for now bonds could not
be had on such short notice.
Three other defcndants---l Herbert
s. Hockin. Edward Smythe and Jamra
f. Ray-hnve been confined In the
county jail in the custody Of federal
officers as they were unable TO fur
nish bonds agGrcgat1ng $4,000.
In the argument over tho polnt.
Federal Judge Anderson accused Al
fred II. Hovey of the defense counsel
of being "insolent' 10 the court, add g.
Ing " you repeat the offense, / will
put you whore you need some bonds"
At first District Attorney Miller In .
cluded Frank NJ. Ryan, president cf
the International Association of
l'rldge and Structural Iron Workers.,
and John Z. Butler, vice president Of
the union, among those whose bonds,
he said. We're indemnlfled, but later
attorneys for them announced that the
ldemnlty had been withdrawn and the
bondsmen alone were responsible for
these defendants. Mr.. Miller intlmat-
ed that some time before mkt SATURDAY
might be the limit on which the men
may remain at libtrty on their present
bonds.
Judge Anderson ruled that bonds.
man who was secured against liabil-
ity either by a defendant or a third
person had no interest whether the
defendants appeared and that indem-
nificd bonds "wero against public
policy"
Those whom the court ruled must
furnish bonds cor be taken in Gus
tody are:
Frank Webb New York, Clarence
Dowd, Rochester. y. Y. VIM. X. Ben
son, East Golway. n. Y; George An
derson and Peter j. Smith. Cleveland,
Hiram Cline, Muncle, Ind: Spurgcon
P. Meadows, Indianapolis: Daniel
Buckley Rock Island. H.; p. a.
Cooley New Orleans; F. J. Murphy
and Charles Wachtmeleter. Detroit;
+. X. Painter. Omaha; Henry W.
Lelgleltner, Denver. and ]. f. Mum
sey Now York,
When the district attorney AN.
nounced he would insist on new
bonds. Senator j. w. Kern. for the
defense, said It was on the eve Of q
holiday, and It would be impossible
TO procure new bonds AZ once and II
would work a hardship ".or the de-
PENDANTS were not going 10 run awny."
1t Is clearly against public policy
to accept lndemnifled bonds. and II
that's the law, I'll have to enforce II.
whether tomorrow IA Thanksgiving
day or not" said the court.
Later on appeals from the attor.
neys, Judge Anderson said he would
allow n reasonable time 10 procure
the new bonds.
During the cross examination bv
Senator Korn Of Ortle f. Mechanical.
Attorney Hovey interrupted the pro
cecdlngs by saying
Your honor. ! want TO call vour
attention TO the district attorney civ.
Ing signals to the witness by shakin,
his head"
District Attorney Miller, ~ was
doing nothing Of the sort"
Judge Anderson to Mr.. Hovcv. "Sn
down. I can See when there IL any.
thing going on here"
Later IN the argument over bonds
Judge Anderson asked Mr. Horcy
who had PUT mp 10000 10 his law
firm as security for certain hords
Judge Anderson held that Mr.. Hovev's
answers were oyasivo and continued.
Il have had enough Of your lneo
lcnce and II I hear any more Of II
III put you where you viii need som.
bonds"
4 marshal was ordered to comp,l
Mr. lIoyey to so down.