Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1913-01-09
Boise Editors to Jail
For Contempt of Court

criticise the court.
The offense for which the defendants
were arraigned was the publication Of
various slanderous and contumacious
articles" criticizing and impugning tho
motives of the state supreme court of
Idaho, before which tribunal they were
tried and convicted, in rendering it,
decision in the case Of Spofford ex Il
vs.. Clifford, by which decision the
names of Roosevelt presidential electors
in the recent campaign were excluded
from the official ballot.
The opinion was an exhaustive re-
view Of the powers of the court to pun
ish for contempt and of the facts Of the
case, particularly of the question Of
/ whether or not the facts presented
justified the conviction Of defendant
Cruzen, whose defense was straight
denial Of the charge that he controlled
the political policies of the Capital
News and was responsible for the pub
lication of the matter deemed CON.
temptuoas.
The evidence against him was pure
ly circumstantial, consisting principally
of his own statements and admissions
prior to the institution of the contempt
proceedings. The court expressly up
held the right to criticize opinions
handed down by the courts, as long q
that liberty was not abused.
The opinion was emphasized through
out the opinion that the articles were
made particularly contemptuous by the
falsity of the purported facts set sut
therein.
After Justice Sullivan, who read tho
chief opinion of the court, had finished,
Justice Ailshie delivered his opinion in
which he dissented from the findings
of the majority of the court regarding
the guilt of the defendant Cruzen and
the amount of punishment which should
be inflicted upon the defendants. Sen
tenee was then pronounced Each de-
fendant was called upon to stand be-
fore the bar of the court and the chief
justice propounded the question:
Have you any legal reason why SEN
tence should not be pronounced at this
times" Defendants Cruzen and Sheri-
dan said they had none but the defend
ant Broxon said: "a have no reasons
which would be considered legal by
this court
The separate opinion Of Justice ALL
SHE contains approximately about 2100
words or two columns of newspaper
space. There is no appeal. The deci-
sion is final.
| Sheriff Roberts of Ada county with
two deputies took the prisoners in
charge Immediately after the sentence
had been pronounced by Chief. Justice
Stewart and incarcerated them in the
county Jail.
| After the sentence had been pro-
nOunced Chief Justice Stewart called
upon Sheriff Roberts and his deputies
to come within the bar of the court.
Only the sheriff appeared and the court
formally turned the prisoners into his
custody. A. A. Frazer, attorney for
Cruzen, askel permission that his,
client be not incarcerated until 6
o clock in the evening. The court in
structed the sheriff to take the pris-
oners to their homes or their places Of
business if they desired to 60 there.
I "Mr. Sheriff. said the chief justice,
"the court reposes confidence in YOU
You will take charge of these prisoners
and the clerk will give you the commit
ment which is your authority for plac-
ing them in Jail. Do not grant these
prisoners any more liberties than you
do the ordinary prisoner in your Jail
and do not impose any more restric-
tions upon them then you impose upon
the ordinary prisoner.
The sentence of the court was re-
ceived stolidly by the defendants.
Thirty days were given the defend
ants in which to pay the fiens asses
sed and the cost of the case, but their
terms of Imprisonment began immedi-