The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-02-01
GUILTY OF CONTEMPT
Sentence Is Deferred in Case of Col.
W. II. Nelson.

| Kansas City, Feb. Wv. r. Nelson,
editor and owner of the Kansas City
| Star, pronounced guilty of contempt
/ by Judge Joseph A. Guthrie in the
! county circuit court this afternoon was
sentenced 70 one day in the county Jail
! His attorney Immediately applied for
a writ of habeas corpus. Judge Guthrie
Immediately ordered that Mr.. Nelson
! be turned over to the sheriff and be
taken to Jail. Attorney Walsh for Mr..
Nelson urged the court to grant five
minutes in which to secure the writ of
habeas corpus. The court demurred,
| an argument ensued but finally the
time was allowed.
Within the allotted time Mr.. Walsh
/ announced that the writ had been
granted by the court of appeals. The
writ was made returna Bile immediately
and all concerned adjourned to the
court of appeals where an argument
upon it was begun The writ acted as
a supersedeas and in the meantime Mr..
Nelson was given his liberty.
Kansas City. Feb. William r.
Nelson, editor and owner of the KAN
sas City Star. was this afternoon pro-
nounced guilty of contempt of court
by Judge Joseph A. Guthrie of Divi-
sion L, of the Jackson county circuit
court Mr.. Nelson was cited for con-
tempt following the publication of an
article stating that the payment of at
torneys fees was given precedence over
the payment of almony in Il divorce
suit recently tried in the circuit court.
Judge GuthrieS decision elected i'm
mediately from Attorney Walsh for the
defense, the accusation that it had
been prepared in advance of the hear
ing. This the court admitted with the
statement that it was as easily pre-
pared then as any time since the court
had the facts in its breast"
The decision followed Immediately
an appeal by Attorney Walsh stating
that Il finding against Mr. Nelson
would be not only a reflection upon
the dignity of the court but an "ac-
ton based upon theories of Black
stones time when any person could be
cited at any time upon any charge of
contempt of the Kings ministers and
thrown into prison"
Upon the insistence of Mr.. Walsh
the fact that the decision was written
in advance was written into the rec
ord.
Only three witnesses were placed up
on the stand. Repeated objections by
Attorney Yates, friend of the court, !
sustained by the court resulted in these !
being dismissed by the defense short |
ly after being called. Most of the |
hearing was given over to lmpa ssloned !
for the freedom of the |
press by Mr. Walsh and strong de- |
press from Attorney Yates.
Court Insists on Respect.
plain imam biguous meaning of the |
article published said the court, sis
that this court consented to decide
the matter of attorneys fees in di-
vorce suit as the lawyer Dictated
that this court would pay the lawyer
and let the woman starve. 1t was UNI
true. l must demand respect for this
court and if 1 cannot command re-
spect 1 shall step out"
Mr.. Walsh argued that the Star
published the proceedings in the di-
Vorce case as a, mere matter of news
and told nothing but the truth.
81 believe it to be of the greatest
he declared, that the
courts permit the fullest and most
discussion of all divorce
cases. No question in modern pro-
times has been presented with
more research or brought forth wider
interest. Is this not a matter that af-
sects the family? Should we leave it
% be squabbled over by attorneys?
Should not people know that a woman
cannot dismiss a divorce suit and go
back to her husband without first
paying $50 or $500 for attorneys
eeS in a case never tried? Should l
De allowed to go out in the court
house yard and tell a thousand peo-
Die that court rules that this cannot
De done and should not a newspaper
pc allowed to tell its subscribers the
anne thing?''
Attorney Yates in his argument
,harged that the Star had printed a !
lie and had reiterated the same in its
'eturn upon the citation. He argued :
he $50 fine permitted by statute in
he case would be no punishment at !
I'll in the case of Mr.. Nelson and in
lSted upon q Jail sentence. Sentence
vas deferred