Omaha daily bee., 1919-11-18
ToWle's Confession Money
Paid to Thorp's Family in
Record in Contempt Case
CONTINUED From Page One.)

'''A $50 ohc.t
ing to move it to change its mind,
he said.
The county attorney did not have
power or authority to file this in
formation" pleaded Attorney Con-
nell, IN demurrer to the informa-
ton. AT the time he made out
this information the grand jury was
III session, and it was the duty of
the. jury, and of the jury only, to
make charges in criminal actions
before this court. We therefore
claim that the information is de-
murrable and should be dis
missed"
"On that point" interrupted the
Judge, Il will state that the county
attorney acted on direct order of
the courts"
Il see," said Attorney Connell
However, | will explain that it does
not appear of record that the county
attorney so acted. 1t is not made
clear in the information, and | have
searched through the proceedings
thus far had in the case without
finding any quotation to that effect.
! presume it should be made to ap-
pear"
Advance Opinion Not Changed.
The second point which the court
stated had been considered in ad-
vance, referred to the sufficiency of
the article as constituting a con
tempt of the court.
Attorney Connell pointed out that
the article referred only to various
acts of the police, and of Police
Captain Haze, and that Captain
Haze was not an officer of the court,
and that the information did not
show that he was an officer Of the
court, or i'll any manner connected
with the court, and, therefore, the
court did not have jurisdiction in
the matter, as the references to cer-
tain conditions in the police depart
ment, and certain acts of Captain
Haze, did not constitute All effort to
thwart or obstruct justice
in any case before the court"
Il will save the attorney for the
defendants time," interrupted the
Judge, ION that point by stating that
if he has considered this case only
from the angle presented by him,
he is in error as to the points at
issue. Before this information was
the court investigated the
of the case and ar
rived at the opinion that there was
sufficient cause for the information
to be filed. The court is of the same
opinion still. so it is hardly worth
while to take up the time of the
court on that roint."
Overruled Promptly and Decisively.
The decisions of the court were
prompt and decisive, and followed
quickly in turn as Attorney Connell
the various arguments
and defenses. Three defenses were
set up, beginning with the motion to
quash, in support of which IS rea-
sons were given.
Among them Attorney Council
stated the county attorney had no
authority or power to file the infor-
nation as that was a duty belong
ing to the grand jury. He further
argued that the information did not
sufficiently show the names of the
states witnesses, if any; that the
information had been filed without
a preliminary hearing to ascertain
any rights or justification the de-
PENDANTS might have; that the Of
tense of contempt was not set forth
with sufficient particularly for the
defendants to see exactly wherein
had been committed; that
t did not allege that contempt had
been committed against the court,
Or any officer of the court, and
therefore, that court did not have
Jurisdiction.
Mr.. Connell concluded his reasons
for quashing the information by |
stating that he considered them
sufficient, and that he did not care
70 waste the ime of the court by |
pleading and argument,
lnless the court wished to hear him |
specially upon some of the points
advanced.
Judge ,Redick stated that he did |
lot care to hear special arguments |
Ipon any OF the points, overruling |
he point made against the names |
If the witnesses not appearing in |
he information by stating that that
,oint had been considered, and that
t had been thought unnecessary for
he names to SO appear.
He therefore overruled the whole
# the motion to quash.
Files a Demurrer.
"The motion to quash having
,een overruled," said the judge,
the attorney for the defendant may
low proceed to make up demur-
er, if he so wishes"
Attorney Connell bowed.
II have done so, your honor" he
aid. |
He pulled the document from his
rocket and started to read.
County Attorney Shotwell inter-
upted to inquire if he could have
opy, and if a copy had been filed,
o which Attorney Connell replied
n the affirmative, and proceeded
With his demurrer.
The demurrer. set forth, in addi-
ion those points already discussed,
nd which the court stated had been
at the time of the filing
# the information, or previous
hereto, that the information did
lot set up sufficient case, and that
he act complained of did not con-
titute a contempt, or an attempt to
hwart or obstruct the administra-
ion of justice in any case or in the
,ase of the state against ]. H.
Moore, charged with completely in
he Douglas county court house