The Daily Alaska empire., 1946-03-01


 announced that O'Leary was no longer connected with the de- fense and he would proceed with cross examinations and
 continue alone as defense coun-
 sell.
 Testimony of Kelso B. Hardness, most damning yet to be introduced ! by the Government in prosecution of George Harrison Meeks for alleg- ed murder of Clarence J. Campbell, this morning was overshadowed by the most spectacular development yet during the trial here in U. s. District Court the exclusion of Associate Defense Counsel J. J. OLeary from the proceedings for contempt of Court.
 | Making the first peremptory con- tempt ruling against an attorney to occur in Court here in approxi- mately IS years, Presiding Judge J. w. Kehoe fined the defense coun- sel $50 and removed OLeary from 1; the prosecution of the case until either the fine is paid or the con- tempt purged. Judge Kehoe stated that the Court reluctantly finds [ Attorney O'Leary in contempt of Court for failure to heed the rulings i of the Court
 Contempt Incident
 The contempt incident occurred shortly after the opening of cross ] examination, of OLeary, of spot light Government witness Hartness. ! The Court had repeatedly ruled out a string of cross-questions as too remote and had ordered the counsel to 'get down to his cross 1 examination" on testimony brought out in direct examination of the witness by Asst. U. s. Attorney Robert Boochever, which had clos ed yesterday afternoons proceed ings.
 The question that provoked the contempt ruling was pointed at im- peachment of Hardness as witness by bringing out that he had pre- viously been convicted in this Court of felony charge. In an immed- fate attempt to purge" the con- tempt. OLeary stated his belief that it was proper so to attempt inn peachment of the witness and that he had intended no disregard of the Courts prior rulings and cau- tion. The jury was taken out while O'Leary made his plea of good faith.
 Nevertheless, Judge Kehoe order ed the fine to stand, and O'Leary would be excluded until it was paid or the charge cleared.
 The removal of OLeary brought unexpected recess of this fore- noon's proceedings, Judge Kehoe needing the plea of Chief Defense Counsel William l.. Paul, Jr., that OLeary's removal had caught the defense by surprise as OLeary had exclusively been in charge of the preparation of the ross-examina- tion of Hardness. To give Paul time to prepare, Judge Kehoe recessed today's proceedings until 3 o'clock this afternoon.
 Hdrtness On Stand
 Hardness was called to the stand late yesterday afternoon, following Highway Patrolman Emmett Botel- ho Hartness. neatly clothed but without coat, showed only slight traces of the numerous knife cuts he suffered during an alleged as- sault by Meeks in a room in the Gastineau Hotel here last January I8. He testified nervously, his words tumbling out too fast for the Court reporter to follow. Tn brief, his testimony was:
 On Saturday, December 8-the fatal weekend-H Hartness met Meeks at the Imperial Cafe here at 12:05 O'CLOCK ln the afternoon. Over cof- fee, the defendant showed him 30 cents and said that was all the money he had left, that re had bought whiskey with s7 or $8 he had 8 couple of nights before and would have to borrow to eat that evening.
 "Easy Money"
 The two men left the Imperial at approximately 1920 o'clock and went to Meeks' room, No. at the Keystone Rooms. There. Meeks asked Hardness if the latter would like to make some easy money" Hartness asked how and was told by Meeks that there was a "big shot" in town who had lover $2,000 in SlO0 and $50 bills" and was