Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-02-02
COURT CITES EDITOR
Saved From Jail Only by His
Attorneys Persistence.
SENTENCED FOR CONTEMPT
w. r. Nelson of Kansas City Star
Held to Have Ridiculed Jurist.
ARTICLE ON DIVORCE IS CAUSE
Penalty of Day in Cell Melted Out
by Judge Standardization
Stayed by Habeas Corpus.
SENTENCED FOR CONTEMPT
ARTICLE ON DIVORCE Is CAUSE

KANSAS CITY, Mo-, February l.
Only persistent efforts Of counsel saved
William r. Nelson, editor and owner
Of the Kansas City Star, from Jail to-
day. after a sentence Of one days i'm
prisonment for contempt had been pro-
nounced by Judge Joseph A. Guthrie of
the Jackson county circuit 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 at
torneys' fees to take precedence over
alimony in a divorce suit that was dis
missed without being brought to trial
When Sheriff Winstanley took Mr..
Nelson, who is seventy-six years old.
by the arm and started to lead him to
Jail. Mr.. Nelson said quietly. "I'n not
run away" and started to go with him.
Stay of Execution Obtained.
Frank p Walsh, counsel for Mr.. Nell
son, protested against his client being
| denied the right of a few minutes con-
sultation with him.
-"Ful1ll the order. Mr.. Sheriff" said
Judge Guthrie. This court is through
with the case
Mr.. Walsh pleaded first with the
sheriff. then with the judge. that the
action contemplated was without
precedent. and the. court finally re-
which to present a writ Of habeas cor
pus. and presently one OF Mr.. Walsh
assistants. bearing the writ: =, pushed
courtroom. Execution Of the sentence
being stayed, the defendant was taken
Immediately to the Kansas City court
Of appeals: where Judge j. M: Johnson
nizance, no bail being required. to appear
for hearing Wednesday, February D.
Defendants Evidence Barred.
Judge Guthrie's decision finding Mr..
Nelson guilty of contempt came after
the courts refusal to permit the intro
duction of evidence to show that the
statement in the article complained Of
that a Judge had allowed a divorce
lawyer to decide whether aiimony or a
lawyers fee should be allowed, re-
ferred to the Judge of another court.
Judge Guthrie read his decision from a
typewriter sheet. When Mr.. Walsh
charged that it was prepared IN ADVANCE a.
as easily prepared then as at any time
since the facts were in the breast OF
the court
ANY man. whether the publisher of 4.
else a court" declared Mr.. Walsh. open
ing the argument for the defendant. 1T
is the duty of a newspaper to print news
of this sort.
Maintains Right to Criticise.
81 have a right to go out into the
courthouse yard and say what I think
of decisions, or even to criticise the abil-
ity of the court or his fitness for Office.
Mr. Nelson has not done as much as
this-but has printed a report merely Of
what occurred in these courts
Recommending a Jail sentence for the
defendant, Attorney Yates, q friend of
the court, declared a fine would be folly.
For this defendant. he said, "a fine
would be a farce. 1t would be like say
ing to him: Contribute a postage stamp
to the public treasury and go on your
way. printing all the mendacious adticIes
you please There is but one way to
reach a case Of this kind. I recommend
that this defendant be sentenced to the
common Jail of Jackson county that he
may there have an opportunity to reflect
upon the course he has mapped out
Mr.. Walsh declared while it was i'm
portant that the dignity Of the court be
maintained. 1t was of the same If not
greater Importance, that the people, be
they newspaper writer's private cti-
Zens, have the right to comment upon
actions Of judges and their fitness for
their positions.
All Objections Sustained.
Every question asked the witnesses ex-
amined tending to show the position of
| the Star in printing news Of the character
In 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 the ad-
vice of paid attorney" had granted
divorce attorneys their fees and left a
woman who sought alimony to starve,
had printed "sneer at the judge and a
| sheer at the bench in general. thereby
tending to bring judicial procedure into
disrepute.
And for this. said the judge. II have
a grim determination that the defendant
be punished. This court is In sympathy
with proper attempts to bring about di-
vorce court reform. but the effect of the
defendants action is to ridicule and criti-
else this court"