The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-02-02
Aged William R. Nelson
Is Sentenced for Con-
tempt of Court.
JUDGE REFUSES
ANY LENIENCY
He Admits Having Prepared His
Written Opinion in Advance of
Hearing, and Sustains Every
Objectio to Questions
Tending to Show Position
of Newspaper.

nisfent efforts of counsel saved william
n. Nelson, editor aud owner of the
Kansas City star, from jail to-day
after n sentence of one days fmprisen-
ment for contempt had been pro-
ncunc@d by Judge Joseph Guthrie. of
the jackson County Circuit Court
The charge wa. that Mr.. Nelson.
through his paper, had DETAINED the
court in the publication of an article
stating fhnt the judge. upon the ad-
vice of a divorce lawyer. had allowed
attorneys fees TO. take precedence
over alimosy I'm n divorce suit that
was Dismissed without being brought
20 trial.
When Sheriff Win Stanley took Mr.
Nelson, who is seventy-six years old,
by the arm and started TO lead him
to Jail. Mr.. Nelson said quietly, IN
not run away" and started TO go with
him
Frank y. Walsh. counsel for Mr..
Nelson. protested against his client
being denied the right Of A few min
utes conversation with aim.
Fulfill the order, Mr. sheriff. said
Judge Guthrie: this court is through
with the case"
Released on Writ.
Mr. Walsh pleaded first with the
sheriff. then with the Judge, that the
action contemplated was without pre-
cedenf. and the court finally relented
and granted ten minutes in which 10
present a wri; Of habeas corpus. aud
presently one % NJ Waish's assist
ants, bearing ths writ. pushed through
the crowd which cd the courtroom
Execution Of t.le sentence being
stayed the defendant was taken i'm
mediateiy 10 the Court OF Ape ais.
where Judge j. NJ Johnson released
M. Nelson on his personal bond of
500 10 sappear Tor hearing Wednes-
day. February s.
Judge Guthrie's decision finding Mr.
Nelson guilty of contempt came after
the coartse refusal to let The question
of evidence to show the statement in
the article complained OF. that a Judge
had allowed a divorce lawyer TO de-
eide whether alimony or q lawyers
fee should be allowed. be referred to
the Judge of another court
Judge Guthrie read his decision
from a typewriter sheet When Mr.
Walsh charged that il was prepared
in advance the court admitted it and
said:
1T was as easily prepared then as at
any time. since the facts were in the
breast of the court"
ANY man, whether the publisher of
a newspaper or not. has the right TO
criticize a court" declared MIR Walsh.
opening the argument for the defend
ant. 1T is the duty of a newspaper TO
print news of this sort
II have a right TO go out into the
courthouse yard and say what ] think
of decisions or even to criticize the
ability OF the court or his fitness for
office.
"Mr Nelson has not done as much
as this. but has printd a report
merely of what occurred in these
courts"
Recommending Jail sentence for
the defendant, Attorney Yates declar-
ed a fine would be folly
Pleads for jail Sentence.
For this defendant" he said. "a
fine would be farce II would be like
saying to him: Contribute a postage
stamp to the public treasury. and go
on your way. printing all the menda-
cious articles you please There Is but
one way TO reach a case of this kind
recommend that this defendant be SEN
fenced TO the common Jail, where he
may have an opportunity to reflect
upon the course he has mapped out"
Mr. Walsh declared that. while II
was important that the dignity OF the
court be maintained. il was IF the
same, IL not greater Importance. that
the people. be they newspaper writers
or private citizens. have the right to
comment upon actions of judges and
their fitness for their positions
Every question asked the witnesses
examined tending TO show the posi-
tion of the star in printing pews OF
the character I'm question was objected
TO by Mr. Yates and the objection was
sustained by the court
In pronouncing Mr.. Nelson guilty.
Judge Guthrie said that the editor in
publishing a statement that the court.
upon advice Of paid attorncv." had
granted divorce attorneys their fees
and left a woman who sought aiimoDy
20 starvc. had printed sneer at the
Judge and sneer at the bench in gen
cral. thereby tending - bring judicial
procedure into disreputc."
And for this" said the Judge. II
have . grim determination that the
defendant be punished. This court is
in sympathy with proper attempts -
bring about cOar: reform. but The ef-
feet Of the defendants action Is to
ridicuIe ard criticize this court"
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