Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1914-10-01
RESPONDENTS IN
CONTEMPT CASE
SCORE IN COURT
Judge r. w. OItnsted Refuses
to Allow New Petition to
Be Introduced.
BELL CALLED AS WITNESS
Answers Are Filed by Florence Lyness
and C. S. Roberts, Denying At
tempt to Thwart. Jurist

Miss Florence Lyness and her attor-
ney. c. :. Roberts. respondents in the
contempt case. growing out of the liti-
cation over the custody ~ little Alice
Lyness. 12-year-old daughter of Mrs
Olive Eckhart. gained a point in the
hearing which was held before Judge
r. w. Olmsted in circuit court this
morning. when their answers we're
fled.
When Attorney II. \. Weld. repre-
senting the mother. attempted TO in
troduce a new petition in which he de-
clared he would bare details of what
practically amounted to con
spiracy," involving Miss Lyness and
her counsel. Attorneys c. Z. Dietz
and G. \. Shallberg. for the respond
ents. raised strenuous objection claim
ing that under the laws of this state,
in criminal contempt cases, evidence
controverting the truthfulness of an
swers of respondents. cannot be heard
by the judge. Judge r. w. OlmsJed
sustained this position and refused to
allow the additional paper to be filed. |
which Attorney Weld declared would
shed light on acts. alleged to have
been committed since the decision of
Judge Olmsted on the second writ OF
habeas corpus. which were plainly in !
contempt of the order of court.
Bell Subpoenaed.
An interesting situation developed !
also when Judge b. 6. Bell came into !
circuit court this morning. Yesterday |
afternoon he was subpoenaed with a |
summons TO appear as a witness and 1
he obeyed the writ However, no at |
tempt was made to examine him or
put him on the witness stand. prob /
ably due TO the refusal of Judge Ohm |
stead to allow any testimony. in contra
diction of the answers filed. to be /
heard.
Judge Olmsted. after his ruling, held
a conference with the attorneys in
chambers and also with Judge Bell,
and then announced he would continue
the matter until in the morning. II is
another attempt will be
made to locate Mrs. Mary NcAllister
and the child and return the girl to the
mother and If this is done, It is be-
lieved the contempt charges will be
Officials Advised Action.
When court convened. a motion TO
dismiss the rule to answer, was made
by Attorney Dietz and overruled by
the court The answer of Florence
Lyness was then read in which she re-
piled. yes" TO the interrogatory rela-
tive to her filing the delinquency petit
ton in county court. She declared that
She interviewed both the states attor-
ley and the county judge and acting
upon their counsel and advice, she
started what she thought was 4 per
'ectly legitimate action in a proper
court and that she did not intend to
thwart the rule of the circuit court or
even take the child from the mother
but merely to have the child remain a
ward of the courts of this state. so
hat II the child was abandoned by the
mother again. or the mother did not
reat the child properly, the matter
could be investigated.
Attorney Roberts in his answer de
med that he advised Miss Lyness to
lie the dependency petition and de-
Jared that he had the same dismissed
Ipon the suggestion OF the circuit
sourt.
Sprung check-Mate.
Attorney ShaIlberg then sprung the
IF a new petition by Attorney Weld. ;
lie declared that this was a criminal
contempt proceeding and as such the :
answers of the respondents must stand 4
and that the only
method by which the veracity of the
statements could be attacked would be 4
through indictments for perjury. He
tied this point. in anticipation of the
ling OF an answer by Attorney Weld
o the statements of the respondents.
The answer OF Florence Lyness is
lore noted for what il does not show +
han what it does show" declared At
orney Weld "She does not say that 5
he allegations made IN the delinquency
etition were false. as they we're She
ad not pun geh herself of contempt
harges nor has her attorney. as will
e cited in the addition petition ! de-
ire TO file"
THAT is not germane to this case"
aid the court.
How does the court know that" re-
lied Attorney Weld. Il have not {
led il yet"
Settle First Case.
We will dispose of this case first" CO.
ecided the court. ION the matters
FL up in the first petition. a new
roceeding can then be started"
What good Will that do?" inquired
ttorney Weld. "If the court holds
lere has been no contempt in the
rst case. how can a case be made in
ie second instance"
Judge Olmsted. however. announced
continuance in the matter until to-
orrow morning. when a decision will
-obably be made in the case.
Roberts In Statement.
Attorney Roberts makes the follow
z statement today relative 20 the
.se:
las an attorney I do not believe in