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Show Judge linfcey Prefers JeII to Betraying Boy Noted Juvenile Court Jurist Says Confidence Must Be Respected -Despite- Laws Ruling (Judge Ben B. fjndeey, tha moat noted juvenile Judge In the world, Is under sentence sen-tence of a year in Jail for contempt of court because he refused to betray the conridenee -of a boy. Ha haa refused to psv the alternative iroa fine or let his hoy frlenda pay It for him. Following ia his awn presentation of tha case.) By JUDGE BEN . LIND8EY Written for tho United Press. (Copyright, 121, by the United Press.) DENVER, Colo.. Feb. 2. I would fsr rather go to Jail and rot In tha cell than to betray the confidence of a child. Tha law in the rase in which T have been adjudged in contempt of court and sentenced to pay a fine of 1500 or spend a year in Jail givaa but two alternatives: To betray aueh a confidence or pay the penalty. I have made my choice.' and will go to Jail. And If the same situation ahould ever arise again I would not healtata to make the earn choice. REVIEWS THE CASE. In tha midst of our work In the Juvenile court here there came a mysterious murder. A. woman waa aald to have killed her ffuaband. Her small son surprised tha authorities by auddenly appearing and declaring that be. not hia mother, committed the crime. They aald the boy waa a liar. They brought him' to me, as an expert In truth and falsehood. I got the truth out of that boy by lifting tha apeil of fear promising I would not betray his confidence. But welt meaning prosecuting attorney, in his zeal to prosecute tha mother, called roe as a witness to impesch the testimony of the boy, which had acqul"d "-e mother. KEPT CONFIDENCE. I refueed to betray the boy's con-fidenee. con-fidenee. I could only claim the priv-ilege priv-ilege I had contended for; that thia confidence should be respected by tne courts In the Interest of truth and Justice. Tha lower court disagreed with me. I wss found guilty of contempt. On appeal to tha supreme court of Colorado, Colo-rado, four out of seven judgea held that technically I should have betrayed be-trayed tha child. Three, in dissenting, dissent-ing, held as I contended. STILL A MYSTERY. The aupreme court of the United States, I understand, has held, upon some technicality, that it could not review the decision. And ao I have failed in my efforta to have a decision de-cision by an unbiased and unprejudiced un-prejudiced court upon tha merit of thia great principle. I can aay thia much now: Only two people in the world know who killed that nian the boy and myself. The mother accused of the murder does not know. Make out of this what you will. Huccessful work in Juvenile courts depends not so much upon statutes and law books as on the understanding under-standing of the psychology of child life. I can say that in more than twenty years as a juvenile judge I have had very few, if any, children lie to me. LIARS THROUGH FEAR. During my work during the war In courts l.i foreign countries a common expression waa: "Theae children are auch extraordinary liars." They were not Hare. The courts were simply stupid Institutions thst promoted lies and perjur. They did not know how to lift the apell of fear that waa the cause of ihe lies. Ho. on behalf of the children of this country. I want to ssy thst the charge that children are naturally liars is false and foul. It la tha courts and society, with all their stupidities, thst sre responsible for most lies. It is the spell cf fear. Mystery Still Surrounds Case DEWKR. Feb. 2. A complex web thst officials here have been unable to unravel still surrounds the killing of John Wr'ght In June. 1910. which led eventually to the sentencing of Juvenile Juve-nile Judge Ben H. Llndaey to one year in jail or payment of .a 1500 fine for contempt of court. Wright came home drunk one night tnd beat hia wife. He left, saying he aould return the next morning and clean up the place.' He returned the next day and attempted to batter down the front door of the house. A shot rang out In the hall. Wright fell dying. When police arrived the woman waa (Pont Inued on pa ge 10- I JUDGE LINDSEY (Continued from pae 1,) hysterical, - screaming-, "I have kilk 3 my husband." Hhe was arrested. Then the son, Keal, 12, totd the district dis-trict attorney he killed his father. The mother was acquitted uf the crime. A cLarfte was filed aa-ainst the boy in the Juvenile court. Nothing has ever been done about the case. The son told the whole story to Judge Lindsey, who refused to tell what the boy had to say. The case Is still pending?. Judge Undsey and the boy know who killed John Wright, v Neither. will tell. The mother does, not know, according to Judge Llnd- I sey. J |