San Antonio light. [volume] (San Antonio, Tex.) 1911-1993, 1923-10-02
SHERIFF FINED
$40 BY COURT
FORCONTEMPT
Judge West Says Action
Arose From Generous
Disposition.
DISMISS ONE CASE
Federal Prisoner at Del
Rio Ran brands
for Sheriff.
DISMISS ONE CASE

Assuming entire responsibility for
the according of certain privileges to
federal prisoner sentenced TO pc
riod of confinement in the Val Verde
county Jail, Sheriff NJ. /. Whistler of
Del Rio. who appeared before Judge
DuVal West of the federal court to
answer charge of contempt filed
by. the United States district attorney
was assessed a nominal fine of $40.
Charges against his co-defendant,
Deputy United States Marshal Grady
l.. Stewart were dismissed by the
court.
Whistler assured the court that
there was no intentional contempt on
his part in his failure to strictly carry
out the terms of the courts order call
ing for the confinement of federal
prisoner. Carl Kilborn. to the Val
Verde county Jail for eight months. He
explained that he was following GUS
tom common at that Jail as well as at
many others, of making "trusty"
out of a prisoner worthy of confidence.
A motion filed by United States
District Attorney John d. Hartman
asking that the sheriff and deputy
marshal be ordered to appear before
the court and show cause why they
should not be adjudged in contempt of
court, alleged that on numerous oc-
casions, Kilborn was permitted to run
ut large when he was supposed to be
in the confines of the county Jail.
Family Was Sich
Sheriff Whistler explained that the
prisoner was employed in and around
the Jail in scrubbing floors. washing
dishes and in running errands for the
sheriff's family. all of whom. with the
exception of himself. having been i'll
dtring the period Of the sentence.
From facts CLEANED from various
sources. the court informed the sheriff.
he was convinced that the sheriff,
while technically guilty of contempt,
was prompted more by his easy-going,
generous and accommodating nature
than by any desire to fail TO carry
out the terms of the court order.
The court informed the sheriff that
after federal prisoner has been sem
fenced by the court there is only one
person in the world in whom is vest
ed the power to modify the sentence.
That person is the President of the
United States. The court charged that
the sheriff had unthink;ngly assumed
authority vested only in the Chief
Executive.
The return filed by the sheriff to
the motion asking that he be ad-
judged in contempt Of court, said in
part:
Asks Courts Pardon.
"The said NJ. l.. Whistler respect
fully represents unto the court that he
has always been a law-abiding citi-
zen, having, both as citizen and an
officer, the highest respect for the
courts of his state and Of the United
States; that in doing what he did in
this instance. there was no wrong
full purpose in his mind he was ami
mated by no evil motive and intended
no wilful disobetlience Of the orders
of this honorable court that now real
izing that in dealing with this prisoner
as he did. he was violating the order
OF this court. he ia sincerely repentant.
and asks the pardoa of the honorable
court. and humbly begs that the court
will deal mercifully with him and
purge him of any intentional contempt
Of which he may be guilty: and he
further promises the court that so long
as he is sheriff of Val Verde county.
the court or its officers will never
again have cause TO charge him with
disregard of. or showing lack of re-
spect for. the orders of this honor
able court