Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1913-02-02
Dramatic Scenes Attend Inn
posing of Jail Sentence Of
One Day by Judge Guthrie Of
Circuit Court
HABEAS CORPUS WRIT
SAVES THE PRISONER
Attorney for Defendant by the
Most Strenuous Argument
Keeps Sheriff from Commit
Ing Publisher 10 Jail,

lIsv Morning journal Special LEASED wire.l
Kansas CITY. Feb. l.~Only the per-
sistont efforts of his attorney, In the
face Of obdurate denlals by the court
saved william r. Nelson, veteran ed
itor and owner OF the Kansas city
Star. from Immediately being placed
in Jan today. following a sentence of
one days imprisonment pronounced
by Judge Joseph /. Guthrie, of the
Jackson county circuit court. upon his
conviction OF contempt Of court. The
charge was that Mr. Nelson, through
his paper. had DETAINED the court In
the publication of an article stating
that the judge. upon the advice Of a
divorce lawyer had allowed attorneys
fees to take precedence over ailmony
IN divorce suit that was dismissed
without being brought to trial.
A hush fell over the packed court
room when. upon the courts order.
sheriff Edwin Winstcnly graspti Mr..
Nelson By the arm ana started To lead
him TO Jail. Mr Nelson Is 20 years
old.
"l'n not run away" he said looking
ot the sheriff
Just one moment" thundered
Frank T. Walsh, attorney for the de-
fendant
sheriff Winstenly tugged at his nris-
oner. Mr. Nelson started to go with
him
Your honor" fairly shouted Mr
Walsh "has the court ever IN the am
nails Of criminal contempt cases heard
of sentenced prisoner being denied
the raat OF a few minutes consulta-
tion with counsel before being hustled
of to iail2'
"Fnfll the order Mr. Sheriff the
court said. and turning 20 Mr. Walsh.
pronounced slowly. This court Is
through with the case wash my
hands of IT, II is in the sherlff's
hands"
rs it the intention merely to hu-
initiate my client, or am ! TO be all
lowed five or ten minutes IN which to
procure writ OF haheas corpus,
which even now is being prepared In
the court Of appeals asked Mr.
Walsh.
After ten minutes Of argument the
court finally relented and granted the
time. In "a few minutes one Of Mr.
Walshs assistants pushed through the
crowd with the writ, which stayed the
execution Of the sentence and carried
the defendant Immediately 10 the
Kansas city court Of appeals. where
Judge J NJ. johnson made the habeas
corpus Immediately effective aud re~
leased Mr.. Nelson on his own recoEni.
zance in bail of 500 to appear for
hearing Wednesday February
Judge Guthrie's decision came after
the courts refusal to permit the in.
PRODUCTION of evidence 10 show thai
the statement IN the article complain
ed Of. that Judge had allowed q d.
vorce lawyer 70 decide whether ali-
mony or lawyers fee should be al
lowed. referred TO the Judge Of
court.
Testimony begun By Thomas Muir
ply the reporter who wrote the arti-
cle was ruled out The note of T. A.
a reporter for the Kan
sas City Journal. who made notes Of
the proceedings in question alleged
by the defendant to have happened in
another division of the circuit court,
also were ruled out. Judge Guthrie
read his decision from Il typewritten
sheet. which he admitted was pre-
pared in advance. ut was as easily
prepared then as at any time the
nudge said, since the facts We're in
The breast Of the court +"
ANY man. whether the publisher
,f newspaper or not. has the right
o oriiicise d court Mr. Walsh said |
opening the argument for the dee
tendant "lt is. the duty Of "A news
paper to print news of this sort The
question of divorce Is live one in
his country and the people have the
light to be informed so that they may
reach conclusions They elect repre-
lentatives to make the laws. ! have
right Go 70 out into the court house
,ard and sax what ! think Of decis-
ons. or even criticise the ability of The
.ourt or his fitness for office Mr..
Nelsun has done no more than this
h fact he has not done 50 much. bn
ITS IfiiHi'N a ftfiit ffiiAtlf W NtAtiN
occurred in these courts Of record
Recommending "a jail sentence for
he defendant Attorney Yates ap-
pointed friend Of the court, declared a
inc would be folly
For this defendant. he said n
inc would be farce. Il would be
Ike saving 70 him, Contribute q post
go stamp to the public treasury aud
% on your way printing what YOU
,lease to write. all the nondacious
rticles It may please you "a print in !
he future recommend that this
defendant be sentenced 70 the com
non jail OF jackson county, that he
nay there have an opportunity 70 re-
lect upon the course that he has vol
ntarily mapped oui for himself. Il
Every question asked the witnesses /