Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1913-01-09


Cruzen, local capitalist, convicted for
contempt of the Idaho Supreme court
for criticising the court 3 decision bar
ring the progressive candidates for pre-
sidential electors from the Idaho ballot,
occupy cell in the county Jail tonight,
where they will serve out q ten-days
sentence. In addition to the Jail SEN
tence imposed on the three men, they
also were sentenced to pay fines of $500
each. The costs in the case, amounting
to about $3.50, were assessed against the
defendant Cruzen in addition to the
other penalties.
All three of the judges cOncurred in
the opinion which found Br0xon and
Sheridan guilty of contempt but Jus
tice Ailshie dissented from the re-
mainder of the court as to the guilt of
the defendant Cruzen and also dissented
as regard to Jail sentence. He thought
the fine sufficient punishment, as it
was their first offense.
The main opinion of the court is one
of the longest ever written in the state.
1t contains over thirty thousand words
and required over two hours to read it.
Justice Sullivan wrote the opinion and
delivered it in court this morning.
The court room in the new capitol
was crowded to hear the decision of
the court. After deciding all of the
points Of law involved the court took
up the matter of liberty of the press,
the only defense interposed by Sheridan
and Broxon. Throughout the decision
the supreme court deplores the action
of what it terms "yellow journals, muc-
kraking magazines and violent and de-
praved agitatorssto nullify the constitu-
tion of the United States and of the
several states.'
The language of the decision is the
most forceable used by the court in
long time and characterzes the editori-
ais and articles printed in the Evening
Capital News as scandalous, defama-
tory, degrading, contemplate and
false Justice Sullivan severely cri-
ticised the motives of the editor and
publisher in printing the articles and
stated in the opinion that the articles
and editorials were maliciously worded
so that the decision of the court in the
progressive presidential electors case
would be distorted and falsified in
order to inflame public passion and
hatred.
The Evening Capital News was also
accused by the court of having will
fully misrepresented the decision of the
and cause them to believe that the
court was corrupt.
In the opinion the court says that if
the members Of the court had done the
things which were charged by the paper
that each should have been impeached
by the Legislature.
A. X. Cruzen was flayed by the court.
| When the testimony was taken he ad-
mitted that he had told over the entire
state tina he owned and conrolled the
! Capital News and that he was in charge
of its political policies. He further
swore before the supreme court that he
was lying to candidates for office to
business and professional men and tc
| others when he made the statements
The state had 90 witnesses to prove by
circumstantial evidence that he con
trolled the editorial policy and under
his evidence the court found him guilty
especially after he swore that he falsi
fled concerning his control of the paper
In the opinion the court refers to Cru
zen as "a common liar in matters
where he had no inducement to lie,
and intimated that the court thought hi
was lying when on the stand in his owl
behalf.
When the court asked editor Broxor
whether he knew of any reason why
sentence should not be pronounced, h.
replied:
9. None that this court will consi
der.'
The three newspaper men were thel
sentenced and taken to the county jai
where they were placed in the same eel
occupied by Meyer, Haywood AM
Pettibone in their trials for alleget
completely in the assassination of Elk
Governor Steunenberg.
None of the prisoners will commen
upon their cases except to condemn tn
court.
, The action against Sheridan, Broxo
, and Cruzen was brought December b
Attorney General McDougal. The pub
: lication of the message from Colont
, Roosevelt criticising the court g dec
sion was admitted by the publisher
! but denied that it was contempt CLAIM
ing the right under the constitution