The Birmingham age-herald., 1923-04-17
FORMER GOVERNOR
 SENT ID JAIL ON CONTEMPT CHARGE
Bilbo's Action In Birkhead Suit Brings Sentence In
 Federal Court

OXFORD, Miss, April 16.-Theo- dore c. Bilbo. lawyer. political leader and former governor of Mississippi, tonight was under sentence to serve 30 days in the Lafayette county Jail for contempt of court as a result of his failure to respond to a federal court summons to appear as a wit ness for the plaintiff in the suit for damages filed by Miss Frances Birk- head of New Orleans. stenographer against Lee M Russell, governor of Mississippi.
 The sentence was imposed In United States district court here to- day by Judge Edwin R. Holmes when Mir. Bilbo plead guilty to the charge and announced himself ready 10 suf- fer whatever, in the light of all the facts and conditions os~HIs case. the penakty of this honorable court shall be-"
 Judge Holmes fixed the punishment at 50 days in jail, in addition to a fine of $1o0, denied a request that execution of sentence be deferred until he could dispose Of cases in the Pearl county circuit court in which ne appeared as counsel. and gave him over to the United States marshal for delivery to the county jail.
 "Technically Guilty,
 Technically and strictly speaking l am guilty of the charge preferred" MT. Bilbo said in entering his plea.
 ana It Is not my purpose 10 play With the court with any frivolous defense. No man in Mississippi has higher respect or more profound re- af Ia, all courts than I have, and. in enter ing a plea of guilty l want to assure this honorable court that I am pro- loundly sorry that my abhorrence of having any further connection with the dirty controversy to which I was subpoenaed tempted me to evade the process of the court"
 Miss Rirkhead based her suit for damageS against Governor Russell on charges of seduction and other sen sational allegations. Counsel for the young woman urged that MT. Bilbo De forced to come to Oxford to tes- tify at the trial and declared that his testimony would aid materially in substantiating hers charges. After a trial lasting more than a week the jury deliberated less than half an hour and brought in a verdict for the defense.
 "Defiance of Court"
 MT. Bilbo contended that 1t was his impression that federal law was in existence at the time which relieved hlm of the mandatory provisions of the summons and declared that all that he knew of the case that would be competent as evidence was priv ileged communication" which. ethi- cally he could not disclose
 Judge Holmes agreed with MT, Bill bo that his explanation was "a very frank statement of the case," but, in passing sentence, declared the action of the former governor a "willful and conspicuous defiance" of the courts process.
 The whole proceedings occupied less than 20 minutes. MT. Bilbo lean ing an elbow on Judge Holmes bench, made his plea, and apologized to the court for his failure to respond to the summons. Judge Holmes voiced his disapproval of the action of the former governor, imposed sentence and MT. Bilbo stepped aside and passed into the custody of the United States marshal and the court went about the task of disposing of other cases.
 It was stated that Mir Bilbo would occupy quarters adjoining the jailor's apartment on the ground floor of the Lafayette county jail here. The jail Is two-story brick structure, in the center of the court house square in the heart of the business district of Oxford.
 "washed Hands of Case"
 T can think of no other case that would cause me to evade the orderly process of this honorable court or any other court" Mir. Bilbo said in his plea. But I am sure there Is not a nr in, ta ta that would censure me for the desire to wash my hands of this whole. dir ty, unfortunate. disgraceful and con- temptinle affair."
 He declared that under the federal "absent witness' law, as he under stood 1t. was in effect. he could not be compelled to come to Oxford to testify. It developed, however. that the provision of the law he had in mind had been repealed. The pro- vision in question fixed at 100 miles the distance witness could be forced to go to testify unless ar engagements were made to defray his expenses.
 Ut may or may not have been that the evidence which you were wanted to testify to was privileged commit nication," Judge Holmes said in pass ing sentence. "The court cannot go into that because the court does not know what the evidence was. It was a wilful and conspicuous defiance of the process of the court by a member of the bar who was additionally prominent by reason of being an eX- governor of the state of Mississippi. The court must necessarily impose such punishment as would be ade- quate in the instant case and warn ing to others in cases of similar kind"
 The sentence of fine and imprison- ment then was pronounced.
 MT. Bilbo, after lunch at hotel with the United States marshal, who had him in custody, spent several hours In the marshal's office, passing pleas antries with acquaintances, while jail attendants made ready the quarters In the county prison assigned him.