Show SECOND STEP IN INCOURT INCOURT COURT WRANGLE RANGLE City Judge Whitaker Files Fies Answer to Writ of t Certiorari SAYS SA YS DININNY IS PURGED UN Action Acton Will Wi Be Followed by Reply and aDd Case Oase Cas Will Wi Come Up for i iI I Further Furher Hearing Hearg Replying to the writ of certiorari I grafted grai ted in IB the police court affair afir that I has Ial resulted in I the city ety attorneys attorney of office fice tic being beng barred br from participation in ia inthe inthe the pro prosecution of city cases case e Judge JUde J JJ JJ JJ J Whitaker yesterday y erdY filed tl his bl answer in which he reviews the proceedings proceeding leading I up to the th imposition lpt of ot a jail Jai sentence on City Attorney At Y B M J Din DinInny may Inny la for tor contempt of court coast and also alo 1 cont that tn t the city ct attorney U Is stilt still tl I I of r f void said M contempt Tw T fUg filing of o the answer wr yesterday I together with witta wIt a copy C of oC the ti records record I marks mark mrk the second step ateI in I the review be bI before j fore tore District Judge Juge George G e G 0 Arm Armstrong strong on OD the contempt proceedings preding 1 that manse came cm aa u the th culmination in thel the I breach between the city elty attorneys Uey of ot office fice flee and aDd the criminal crimi division ila of ot the city court The Th next neat feU step atop IP will wil perhaps be b taken in some ome action acU t 1 to be b toad made i iby by the city attorney In i regard d to the I Ianswer Ianswer answer anwer and mu a reply filed tl and rate should I It I be b made me will wi probably a come ce up to today today today day Within a day or two two however the court will wil set at a time for lor the tile hearing of the case ca under uDder the tb writ of ali arl all which when granted tte WM wa made de re ye returnable r yesterday The answer anwer of Judge J I J Whitaker sets eta out ut that V was ar arrested arrested rested M by a nolle poU officer otte September ber 18 1 lilt 1515 m and aad after beine heing detained m tr Jail one oae day d wa wu charged with wih va vagrancy V I ji grancy grany under uDer a s complaint le by the thc th court clerk elerk who had b heretofore been accustomed to Issue such auch complaints complaint I II It I i 15 also alo act t out in I the answer that i it i had bad been b the custom eul for far Ce several i Iaal years aal b past part pt for tor the city attorney or his assistants to prosecute prat in the city ety court coun all al such lueb eases cares e with wih speed e and diligence I the tho arraignment usually u u being li held on onU the U day following the arrest areat On September 1 U 15 however the answer recites nin the day following Mo Mc McMahons arrest art and the day dy upon which the complaint was wa Issued fue W 3 S S Dalton representing the city attorneys attorneys attorneys office oUI withdrew and abandoned on d th the city elt attorneys office oUe at the police station anti ami alil Instructed the f sleek ei rk k of tha th court cort to draw drw no JO complaints t except I upon the order of the ep g judge When Ven tb eer was wal called l fur for trial the answer anae ay say y on Oil September t I and ind witnesses In 1 the mom rase c had been I sworn H J 7 Dininny who was wa present ent in incourt court Curt urt declined and an refused ret to t prose prosecute prosecute cute ete or to te make riske me any aay motion and Ut stated d the law did not require him to t furnish said aid ney court cor with wih a Ii pr prosecuting attorney ator At kAt said lt time the answer con continues continues and by reason of ot said Bald conduct conduct this defendant as a A efty t court eurt con considered that tbt the said s H N J J 3 maliciously and aDd at y in intended Intene intended tended tene te to hinder binder anti and aRi delay and ob eb obstruct b the due course cun of at justice In said Jd city ef court curt in the premises Mr the answer says says then attempted to make mke an explanation R giving the court crt to understand that the th e ees case CaPS es would be prosecuted and the judg judgment ment of ot the th court Plute was wan set sat aside OR on September 21 the tp defendant adds tt I W S g Dalton as assistant city attorney attorI attorney I ney Bey S again declined to have anything to do with the te prosecution of the tie Mo Me e Mai Malien ran case cle At the same time tm there the were vere about abut ton tea te other othe persons under ar ar arreSt reSt ref for violation of ot the he city el ordinances and aDd entitled to speedy spee and prompt trials but the latter later were delayed delye be because b because cause cuse of the th failure tUure in the Issuance of ot complaints this conduct being at variance and pad In conflict with Ith the or orderly o 0 derly deny necessary B ary and practice of the court ourt Believing that the action acton was as will willful wi ful and contemptuous and tel for the t e pur purpose pu purpose pose of ot obstructing the due duo and orderly administration of or justice In the tb orderly court curt the he answer says and because of ot the t re refusal refusal refusal of ot the ci city attorneys office ofie to act the defendant deemed deeme it if t his duty to appoint E E s A A Walton Walon and B E A Rog Bog Rogers Rogen ers era as special presenters t rl The answer That the said relator was In fact fuet guilty gUt of ot eon con contempt tempt of court and was willfully disregardful gardful of 01 the and aDd proper practice of the court curt in said d premises aid the said id Dininny still WI remains of said contempt It Is asked that the affidavits of 01 the relator H J 1 be dismissed and ad Ue that the te writ wit of or be quashed quae aD |