The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-02-04
EDITOR IS AGAIN
SAVED FROM JAIL
Efforts to Send Him to Cell
Are Blocked by
Sheriff.
REPUDIATES SIG N A 7 UR E
Friends OF the Court" of Judge
Guthrie Seek to Have
Writ Quashed.
REPUDlATES SIG NAT R E

Kansas City, NO., February 3.-An-
other attempt to place William II. Nell
son, editor and owner of the Kansas
was blocked to-day when Sheriff Win
stanley, in the Kansas City Court OF
Appeals, repudiated = motion filed In
his name by "friends of the court" OF
Circuit Judge Joseph A Guthrie, ask
ing that a writ of habeas corpus. on
day, he quashed.
The Appellate Court then certified
the case TO the State Supreme Court
In the regular order of the docket.
months may elapse before the case can
be heard. In the meantime the status
of Mr. Nelson will not be changed
The court made no reference to the
filing of the application for the dis
missal of the motion. save that 1t
made no difference in the case wheth-
er the motion stood or not, since the
court had sufficient doubt as to juris-
diction TO make prompt reference to
the higher tribunal
Had Assurance of Guthrie.
Attorney o. H Dean. one of the
seven friends of the court" whose
names were affixed to the motion to
quash. told the three Judges OF the
Court of Appeals that the sheriff
name had been placed on the motion
on verbal assurance from Judge Guth-
RE that the sheriff approved the sig
nature
II was Judge Guthrie who sentenced
Mr. Nelson to one day in Jail for con-
tempt for printing a criticism OF the
court that Judge Guthrie held was
unfair.
An attempt to argue the motion was
made by Attorney Dean. but he was
stopped by Presiding Judge Ellison
with the announcement that the court
had decided that the habeas corpus was
good. and that the case would be GER
titled to the Supreme Court.
Frank T. Walsh. attorney for Mr..
Nelson. charged that he had been mis-
led by the flers of the motion. and At
had been filed in good faith
torney Dean declared that the motion
block the administration OF justice"
The idea that any sheriff could
said Mr. Dean. never had occurred to
us II such things can be done, any
common constable could allow the
greatest criminal on earth to escape
Charles shannon. attorney for the
sheriff. in asking that the motion be
dismissed. said,
sheriff Winst8nley respectfully
states that said motion was not filed
by him or by his authority. and he
therefore. prays the court 20 disregard
the aforesaid motion and strike IL from
the files of the proceedings
sheriff Winstaniey called me By tele-
phone for a conference regarding his
placing his signature TO the motion.
When I reached the courthouse the mo-
tion already had been iled. ! advised
the sheriff TO repudiate the signature
which. through me. he now does"
Explains Acffcn of ~Frfends.-
Attorney Dean. in explaining the ac-
ton OF The seven friends Of the
court Of Judge Guthrie. said 70 the
Court OF Appeals.
After the motion was drawn up u
VAS submitted To sheriff Winstaniey.
into whose custody Mr.. Nelson went
after conviction BY Judge Guthrie, as
matter OF courtesy. We were no,
striving 20 use the shcriTs name. but
sought to afiix IL courtcously. The
sheriff said he would not sign until
advised TO do 50 by his attorney. The
matter required haste. The name was
placed on the motion when later Judge
Guthrie telephoncd Us that the sheriff
had approved the action
We were astonishcd when. upon 81
ing the motion. Attorney Walsh. At
toruev shannon and sheriff Winstanley
came marching W and informed us
Ne had done an unauthorized thing.
Something seems curious We an
know tina, Judge Guthrie aid not tell
- a faleeho