Show LIGHTLY INCON lSTENT The Singular Order Made by JudgeBartch Yesterday SULLIVAN I A DILEMMA Attorney Thackston Found Guilty of Contempt and Fined Allegations Regarding a Proceeding in Commissioner Martins Court Ulrs Palmers Opinion of Justices and Lawyers New Actions Begun Judge Bartch rendered a famous opinion opin-ion yesterday morning in the contempt proceedings against Sheriff John T Sulli van and Attorney C 1 Thackston A soon as court had been opened his honor said I In this contempt case after an examination ex-amination of the papers I am of the same opinion as on yesterday When the court makes a decree all persons in court at the time are bound by i and any person per-son who does not claim property as his own has no further right on the premises after the appointment of a receiyer1 I was then that Colonel Kaighn with a bland smile and respectful mein arose to his feet and proceeded to set a cunning trapfor his honor and into which the court walked with as little thought of danger as that felt by the traditional but vain fly when he sauntered into the pretty little parlor of the deceitful spider Is there any further order n said Colonel Kaighn bowing low C Shall the property be turned over to the receiver re-ceiver Judge Bartch was about to take the bait but instead answering tho inquiry in-quiry he said Where is Attorney Thackston 1 think the whole trouble here is the outgrowth of his advice to the sherif and I wish to ask him a few questions ques-tions Colonel Kaign replied that Mr Thacks ton had been ill lor several days and was at the time in bed at the Walker house However he could be sent for and would soon put in an appearance A bailiff was sent out after the attorney and Colonel Kaign addressed the court Your honorn said ho I desire to understand perfectly the order of the I court Is the order to the effect that the I receiver sheriff shall turn the property over to the II f Yes replied his honor without the faintest suspicion that is the order During the questions propounded by I Colonel Kaighn Sheriff Sullivan jumped up and said But your honor I have already turned I He was pulled back into his seat by Mr Houtz who whispered Dont say I a word we are laying for the order just entered Silhvan started to say that since the judgment of contempt and order to turn the property over to the United States marnal had bean entered on the preceding pre-ceding day he had telegraphed his keepers to turn the property over to a deputy marshal who had gone to the scene of thu late alleged conflict for that purpose but he was prevented from enlightening en-lightening his honor on Ihis point by the timely interference of his attorney Clarence Hall who appeared for the receiver re-ceiver in the contempt proceedings then asked the court I the defendants would be held until the orders of the court were complied with He was informed affirmatively affirm-atively and Colonel Kaighn and Mr lloutz nudged each other and smiled knowiagly r In tbe meantime Mr Thackston arrived ar-rived and was interrogated by the court with reference to his part in the proceedings proceed-ings In answer to the questions put he replied substantially that he had no intention in-tention of committing a contempt of court but that after a thorough examination examin-ation of the authorities he believed that the writs leviedby the sheriff were regular regu-lar and that the receivers documents only anpointed him to the office named and was not an order to the sheriff to turn the property over Ho merely wished to protect the interests of his clients Judge Bartch Did you give your clients any orders to hold this property with shot guns No sir I did not C Did you intentionally disobey the order of the court No sir eel under the circumstances I am disposed to be a lenient with you as possible pos-sible and will not impose a fine ifou will pay half of the costs incurred however how-ever The cost biiLuwas as follows Clerks fee 12 A E Hyde witness fee 150 Clarence Hall attorneys docket fee 10 The defense insisted that the item of the attorneys docket fee and of Mr Hydes witness fee should be stricken out as there was no statute providing for the naymeat of a witness fee to the plaintiff man action of this character neither was I L1 L L u u tiiuru uu jiuixiuu lu I = 7 oiabuirca iui uii attorneys docket fee The court thought different though and allowed the items to stand I can readily be seen that it would beau be-au utter impossibility for Sullivan to comply with both orders of the court The first required him to turn it over to the United Slates marshal and the second to the receiver Strictly speaking i he I did either one he would still be in contempt con-tempt for his failure to do the other and it was impossible to do both The attorneys at first thought they would try habeas corpus proceedings to get Sullivan out of the clutches of the 1 t j law but he was not taken into custody I under the second order and they deemed I it best to let the matter drop Colonel Kaighn declared that in thirty I years practice at the bar the proceedings just had were the most extraordinary and I i astounding that he had ever witnessed I Mr flouts also made some remarks about i the matter by way of casing his conscience j con-science that were more forcible than otherwise Sullivan left the city I Hast evening for Eureka but Attorney Thnckston is still here The costs in the case have not been paid yet but it is presumed pre-sumed they will be today OTHER BUSINESS Sorenson Nelson vs George Price ordered that the clerk pay to the plaintiff lout of funds in his hands the sum of 510350 with interest from August 9 189JMartha Martha A Coombs vs the Utah Paint Oil company receiver ordered to pay 1 i funds into court |