The daily Nome industrial worker., 1918-04-11


 Deputy Marshal Harry Pigeon an- nounced that the Honorable District Court of tho Second Division was in session.
 The first order of business was the roll call of the Petit Jury. The following citizens answered the call: Emil Anderson, William Allan, W. E. Anderson, Victor H. Anderson, w. R. Anderson, E. E. Adams, Jack Aiken, Jas. Began, H. P. Carlson, Geo. Comfy, R. J. Downing, F. A. Diemer. J. c. Forbes, M. ". Foss, Edward Hyman, Ralph Lomen, sThos. Mulligan, Ed Moran, A. w. Mayer, J. F. McDougal, Frank Mielkc, Gus Nelson, Edwin Nelson, H. o. Nelson, Otto Van Sickle, w. E, Wagner, and Chas. Weckman.
 John Leach and Geo. F. Kilroy were performing the function of Court bailiffs. Mrs. Chace and Law renee Kerr were there taking steno- graphic notes. One of the employ ees of the Clerk of the Courts office, as well as one of the official scribes of this paper were also jotting down few notes of the proceedings.
 Judge O. D. Cochran was there representing the defendant, Martin Remedy, who was also present. Mir. Cochran stated to the Court that he desired the Courts per mission to withdraw defendants plea of not quilty,' for the purpose of legally clearing the way, whereby a motion could and would be presented to quash the indictment recently returned by the Grand Jury against the defendant, Remedy. Before further argument was pre- scented by either side, the Court ex- cused the jury until 2 p. m.
 After Counsel, both. for the de- fense, and prosecution had been heard upon the question, Judge HolzheiHer allowed the defendant to withdraw his plea of not guilty. Judge Cochran immediately present ed a motion to quash the indictment, quoting as his base for the said re- quest the fifth amendment to the constitution of the United States of America.
 The District Attorney resisted the granting of the aforesaid motion, Considerable law upon the subject was quoted by the attorney for de fendart. The District Attorney ad- mitted at this time, that the propo- sition was sprung as surprise upon him. He requested further time to look up the law in reference there to. The Court, stated he did not intend that any undue advantage should be taken by either side. Therefore he allowed both sides un- til 10 a. n. today to look into the l question of law, etc. This being l satisfactory to all parties concerned, the Court adjourned until 2 p. n. yesterday afternoon.
 When Court convened at p. m. all Jurors answered the roll. The District Attorney introduced a mo- tion, petitioning the Court to set aside the motion to quash said in- dictment. Judge Holzheimer stated he would take the matter under ad visem until 10 a. m. today. He said he would in the meantime look up the law in regard to the question before the Court, and if necessary would be prepared to hear both sides at length upon the law per taining to the aforesaid motions. The jury were excused until 2p. m. today.
 District Attorney G. B. Mundy then filed an affidavit, the substance of which is: That the aforesaid de- fendant, Martin Kennedy is in his (Mundy's) opinion guilty of the crime of contempt of court, for having published, or caused to be published the following squib which appeared in the local items column