Show ABSOLVED OF CONTEMPT U S Court Boise Passes on Case of Hanley nnd Attorney TRIBUNE SPECIAL Boise Ida Dec 15In thu United States court todnv Judge Dealt absolved Kennedy Ken-nedy J Manic and M A Folsom his attorney at-torney of the charge of contempt growing out of their withdrawal of court money from tho First National bank at Wallace and made an order requiring Mr Hanley to redeposit the money by February 1st It will be recalled that on order citing these men to appear on the charge ot contempt was made some time ago These proceedings grew out of the celebrated litigation over the Hnnley Interest In the Skookum mine Mr Hanley hud been found to be the owner of an undivided oneeighth Interest In the property Ho brought suit against tho Empire Stale Idaho company owner of the remainder of tho property tov recover his share of the ore that had been taken out by the company When these proceedings were Instituted Judge Bcalty made an order requiring the company to deposit Haiileys portion of tho proceeds taken out thereafter In the First National bank at Wallace Judgment wag recently entered In favor of Mr Hanley for something more than 5115000 Of this sum W23 was on deposit In the hank hayIng hay-ing accumulated since the order referred to wao issued When thin Judgment was entered Judge Heyburn counsel for the Emplro State company gave notice of an appeal Mr Hanley on tho advice of his attorneys attor-neys took a I transcript of tho decree which contained a provision directing the bank to pay him tho money and on this he secured the cash from the bank giving It an Indemnifying bond Immediately afterward Judge Heyburn Instituted these contempt proceedings on the theory that the notice of appeal acted as a nlay of proceedings under tho statute for a period of ten das and the men were cited to appear At the hearing today the defense claimed that the statute while preventing the 1s nuance of an execution us to tho remainder remain-der of tho Judgment for a period of ten duys did not stay proceedings wIth respect re-spect to the clause directing the bank do I pay the money over Judge feaLty held that though no stay of execution had been ordered execution and all proceedings proceed-ings were stayed under the provisions of tho statute Ho held further however that Messrs Hanley and Folsom had net cd Ingootl faith and should not ho held In contempl Judge John IL McErldo appeared ap-peared for Hanloy and Folnom whllo Judge Heyburn represented the other side |