Show sk x 1 file ible belle belle harris lase rile if ik t i 11 asp CP sahib 4 1 tupou ou a writ ap 14 7 1 d t ot v pit if iu in ahe alio in prence car court t 1 61 i fruity friday A full pencil anch ivere present ent audgo hunter presiding 1 judge ra I d gp P I 1 T van and zera sri inov represent marshal ireland and S merritt arthur brown and arid S A kenner appeared ji in I 1 behalf of belle harri harriss we take the fol lowing frOm I 1 the ilie de dewet beret ICKS clr A mr brown bown speaking on motion for the writ first read the judgment made by judge of the second district court tho the order of commitment ment and tile marshals return and criticized criticised the thestine saine the first position that councel took was that lie the legislature had ilia mado d 0 a mailed marked contrast between of punish benl ait for conte contempt t and slid they were lie claimed as a distinct ti n ct its 09 ali alie e punishments under criminal baw 1 rc 1 ferr edCo 69 cal peo people ale against hor rak go af pf the second district point uit in imposing fine and amerig judgil judgment lent covering an all olle se 11 for 0 r tl tho to T past at a t and present counsel claimed a me I 1 waa was illegal by authority it of 59 cal ti the to court urt could not punish by virtue of the two sections atone at one and tho s same aul 0 time T the lie famous tweed case in t I 1 biti connection coni was referred to show that he lie could not be punished at the tile one time but for one misdemeanor applying this principle to this case cot counsel it I 1 hold held that when lien judge twiss imposed a fine of 2500 his jurisdiction waa was exhausted that lio ho could not apply the two different ands of punishment nl i to the one ono act I 1 counsel claimed also that tho the order of commitment was indefinite and that it was out of ilia power of i witness td 9 comply and in that respect posed to the d e statutes on that subject counsel held also that tho tile act act for or which the prisoner was to ba be purged for should have breen err 0 pj pat 4 fiad bcd in the of commitment that by 1 y its duji omission ision imprisonment hefts was indefinite and tho the act rendered rend sred impossible to bo be performed keferl Ke ferr ing irig to the judgment counsel baid mid a lino fino was made mad and imprisonment imposed ila fri prisoner certain ertain question without specifying elf in the question counsel clai claimed lliel in ili justice to the lie petitioner ioner the particular act ct RUA iandthy fujst ioui refer reu d ta toan I 1 the i 1 warrant mutt ba be stated ii i t to say y the bouer shall be imprisoned until bhe anuci answer etl ocla a certain SR luc stion without stating lid not give the marshal SIar phal po ct to re iain lain lier her this thia 1 by the case cases of ex execution 0 cution of a dededi deed the warrant bolding tho the party exec execute ate the blied deed ed inu mut t desorbo it court cour t hillur also bo to ready really at any moment to wait walt upon the prisoner all wai denied tile prisoner as lie the warra warrant 1 it vas iv as not only dIf Ilive lit inthis ibis respect but the 1 rand 16 Y body this ase of c arose mas isas adjourned from froni the tile irth day of may to the tile aith day lay of augna thereby placing the I 1 petitioner t holier beyond the ilver ty to answer avith within enllie he limited hifue of fin nn contempt namely livo days ja as pros provided aided for by the legislature counsel otin el iorg authorities Ss n g that I 1 ditc coc relve of tr t t iho I 1 0 cobit u t mas wits strictly strict ly guarde I 1 ag dunst i by b statute so that am to i j malice iii ilice on the part of the court could bo be enforced counsel held that boffl dorily r i on ii 1 1 anent could be anade and arid at any time 1 tile crisone waa wail read to answer awer ill tile 1 must I 1 be bb furnished which he claimed was as not dane from the tile fact I 1 I 1 hat that tile atia 3 jury alry nag was at adjourned i fp r moro more than three mont lis conn cl el maimed further that the petitioner did lid not ayt contempt eliat tl t pupation pua pl edion tion put to her vas was a privileged vile ed question a question quei stion tion that night tend to criminate minato cri her under the criminal cod N numerous him erous authorities 11 acs ics were tt arc re referred forred to also in tills this branch of 1 ir in Zera know followed on beli behalf alf gottlic 06 t 1 the people i mr ir H S INI le erritt bellaff beli alf 0 of the tile petitioner added 0 argument the cour took the mat ter adjourn eli 1 i till monday june at 10 ot lock t bello belle harris was ic turned to iho tile penitentiary 1 f |