Show R RP P BI v m A fOil ATTEMPT TO IMPRISON w. w vl R. R Kansas City Publisher Freed Freedon on Writ of Habeas Corpus After Being Sentenced for fOt Alleged Contempt of Court CONDEMNED TO SERVE ONE DAY IN JAIL Attempt to Rush Prisoner to Cell Prevented by Persistent Persistent Persistent Persis Persis- tent Appeals of Attorney in Face of Rebuffs Rebuffs' From Judge Pay Fines in Pennies K Cart Money in Drays Drays' Boise Boie Ida Feb leb 1 WIth l. With approximately ap ap- ap- ap proximately one hundred and fifty thousand pennies pennie contributed Capt R. R S. S Sheridan C C. 0 O. and A. A R. R Crusen today paid their fines inis in s so o of each aS assessed d b by the Idaho supreme court In contempt cases as s resulting from publications in the Boise Capital tal News following a a. decision decision de de- de- de ciston of the tho supreme court barring I DuB Bull Moose electors from the th ballot Contributions came from h every very state in IU H lIeI unu I iron L Olli annna Mis 1115 sent Mio ho ho argest gest o of contributions contributionS' with Pennsylvania second Pennies s were taken In a 1 adray adray dla dray from the newspaper r office to th the bank and tho fines CInes were ere then paid by check KANSAS K ANSAS City Feb 1 L Only the persistent eff efforts of f. f lJ his s attorney in the face of denials b by T the court s saved vc William R. R Nelson n editor and owner of the Kansas Kans 9 City Star from from t Iy ng pta j jail i today f following a sentence o of o e days day's s imprisonment pronounced J by Judge Joseph A. A Guthrie of f the Jackson Jack Jack- son soil county circuit court upon his conviction conviction conviction con con- of contempt of court The charge was that thaL Mr l Nelson through hi his bus paper ha had defamed the court in the publication of an article stating that the judge upon upon the tho ad advice tel tel- vice ice of a n divorce lawyer er had allowed attorneys fees to take taka precedence over o alimony in a divorce suit snit that was dismissed dismiss d without being brought to trial A hush fell tell over o tho the pack packed d courtroom courtroom courtroom court court- room when upon the courts court's ord order r Sheriff grasped Mr Nelson olson b by th the arm firm and started to lead him to tojan Jail jan Mr Ir Nelson Is 75 76 years cars old Ill not run a away wa he said lookIng lookIng looking look- look Ing Ing- at tho the sheriff Just one moment thundered Frank FI-ank P P. Walsh attorney for or the tho defendant Sheriff Sherif tugged ed at his prisoner Mr Nelson started to go with him Turn Deaf to Pl Phen n. n Your honor fairly shouted Mr Walsh has haa the court ever In the annals an annals tn- tn nals of ot criminal contempt cases heard o of a sentenced prisoner being denied the right o of a n few tew minutes' minutes consultation consultation consulta consulta- tion with counsel before being hustled off orr to jail 1 Fulfill the order Mr Ir Sheriff tho the court said and turning to Mr Walsh pronounced slowly This court Is 15 through with the case I wash m my hands o of It It la Js In the sheriffs sheriff's hands Mr 11 Walsh dashed backward and forward forward for for- ward vard pleading first with the sheriff sheri then with the Judge that the action contemplated was sas without pr precedent Is It the Intention merel merely to ae at m my client or am I to be allowed five hc 01 or ten minutes In which to procure procuro a writ o of habeas corpus which even now Is being prepared In the court of ot rip rip- peals After Arter ten minutes o of argument the court finally relented relented- and granted rant d the time In a a. few cew minutes s one of Mr 11 Continued on Pa Page c 3 Column c C. C fI lOl EFFORTS TO TORK TH IMPRISON RK U 9 NELSON I Continued from om Page rage 1 1 1 Walsh's assistants pushed through the crowd with wih the writ writ writ which stayed the the execution of ot the sentence and carried I II Ithe I the defendant to the Kansas City court courtot of ot appeals where Judge J J. J JL M. L Johnson 1 made male the habeas corpus Immediately i effective and released Mr Ir Nelson on I his own recognizance In ball bail bal of ot 00 to appear for c. c r hearing hearIng Wednesday February 5 6 Would Not n Hear nr Evidence Judge Guthries Guthrie's decision came after the courts court's courts refusal al to permit the in introduction introduction In- In of oC evidence e to tu show that th the I statement in fn the article arile complained of of- of 1 that thit a Judge jude had allowed a divorce la lawyer laer er to decide whether almony alimony or a lawyers lawyer's fee should be allowed r allowed re re erred to the jud Judge o of ot another court court I II i f Testimony begun b by Thomas Murphy I the reporter who wrote the article was wasI I ruled out The note noto of ot P P. A. A Suter- Suter i t melster a reporter for the Kansas Cl City I Journal who made notes of ot the proceedings pro- pro i I In question queston alleged b by the I defendant to have h happened In another I division of the circuit court also were ruled out Judge Outline Guthrie read his decision from froma troma a a typewritten sheet which upon a charge to the effect by b Mr 1 Walsh he admitted was prepared in advance It I was as easily prepared then as at at an any i time the judge said since the tho th facts were In the tho breast brEast of ur tho the court i Any n man whether the publisher of ofa a newspaper or not has hos the right to criticise a court Mr Ir Walsh said I opening the argument for tOI the defend defend- ant It I Is the duty of oC a newspaper to print news of this sort sort The question question queston ques ques- tion ton of oC divorce Is s a live Jve one in this country countr and tho the people have 11 0 the right to be Informed so that thit the they ma may reach conclusions They elect r representatives representatives presenta- presenta tives to make the laws I 1 have a o 0 right to go out into the tIe courthouse yard and say what I think of or a decision or even to criticise the ability of oC the court or his fitness for office Mr Ir Nelson Neson has done no more than this In fact he has hns' not not done so much but has printed l a report merely merel of or what occurred d in these courts of or record Recommending a Jail jai sentence for tor the defendant Attorney Yates appointed d b by bythe bythe the thc court d declared a a fine Cne would be foJ folly For Pot this defendant he said a tine fine would be bo a 0 farce It I would be like Jko saying to him bun Contribute a postage stamp to tho tIme public treasury and go goon goon goon on your our way printing what what you rou please to write all ni the time men mendacious articles Itma it ma may please you ou to print in fn the future I recommend that this defendant be sentenced to the common connon Jail of ot Jackson Jackson Jackson Jack Jack- son county count that he ma may there have ha an opportunity to reflect upon the course that he has hns voluntarily mapped out for himself Mr Ir Walsh objected upon tho the ground that Mr Ir Yates' Yates reference could mean only one thing thing that that Mr lr Nelson was a arich arich arich rich man and as such should be given ghen more punishment than a n man of ot less wealth under the tho circumstances This ho said was an obvious attempt to In Induce Induce In- In duce uce the tho court to permit prejudice to I govern o him Every question asked the tho witnesses examined tending to show the position of the of ot the tha Star In printing news character in question ton was saS objected to bv lit In Mr rr Yates and tho the objection sus sus- t tamed ln d-by d by the tlC tlC- court I In pronouncing Mr r. r Nelson guilty Judge Judg Guthrie said that tho the editor edior in publishing a n statement that the tho court I upon tho the advice of ot a paid attorney had hal granted divorce attorneys attorney's fees fees' I and left left a woman who sought s alimony almon nil ali al- al mon loony mony to starve had printed a 0 sneer at the Judge and a sneer at It the bench benchIn I In fn general thereby tending to to bring i Judicial procedure Into luto disrepute i An And for this the Judge said I 1 I have hae a grim determination that the defendant defendant de de- de- de fondant be he f punished This court is In fn 18 sympathy with proper attempts to toI I bring about divorce court court reform but hut the effect of the defendants defendant's action is isto isto to ridicule and amid criticise thin this court There was ns no humor in tho artcle article Accusations are arc made in all al seriousness by a n method both unwise and Immoral There here Is la nothing to ju Justify tt the defendants defendant's defendants defendant's defend defend- ants ant's wholesale defamation of ot charac charac- t ter e i Will Vill I Not He no Locked Lip Up- 11 Mr Ir Nelson never ne er will wil spend one minute In tho county count Jail Judge Ralph S. S Latshaw of or the tho crl criminal court said tonight Judge Latshaw who has Junction of ot II th the count county marshal and the Jail jai ordered ordered or or- dered tiered the tho marshal not to enter Mr r Nel Nel- marsha sons son's name on the recording hook book hook of ot the bail all al If It he lie should be brought there in obedience to the sentence Imposed upon him today toda- It I would be a a reproach to the com commonwealth corn com for a man who has done as a much munch for Kansas City s as s Mr fr Nelsen Nelson has don to be carted awa away to Jail jai like like- a common thug I will wi not allow alow such a procedure |