Cooper v. People ex rel. Wyatt

• Decision Date: 01 November 1889
• Parties: COOPER et al. v. PEOPLE ex rel. WYATT.
• Court: Colorado Supreme Court

22 P. 790

13 Colo. 337

COOPER et al. v. PEOPLE ex rel. WYATT.

Supreme Court of Colorado

November 1, 1889

Error to district court, Arapahoe county.

Plaintiffs in error, together with one N. P. Hill, were, by the court below, ordered to appear and show cause why they should not be punished as for contempt of court, on account of the publication in the Denver Republican, a daily newspaper published at, and having a large circulation in, the city of Denver, where the court was being held, certain articles together with a large cartoon, all having reference to a cause pending in said court. The matter was heard upon the following affidavit and answer: 'State of Colorado county of Arapahoe--ss.: In the district court. The people of the state of Colorado, on the relation of John J. Wyatt vs Nathaniel P. Hill, Kemp G. Cooper, and William Stapleton. John J. Wyatt, being duly sworn, on his oath deposes and says that he is the petitioner in a certain proceeding for a writ of habeas corpus now pending in this court; that under a certain warrant of commitment, issued out of the criminal court of Arapahoe county, this affiant was on the 11th of July, A. D. 1889, arrested and taken to the county jail of said county; that as soon as practicable after said arrest this affiant had prepared, and himself duly verified, a petition for a writ of habeas corpus and by his counsel applied to GEORGE W. ALLEN, one of the judges of the court, to hear and act upon the same; that said judge then and there stated to the counsel of this affiant that he was so much engaged in important trials then pending in his division of said court that he could not, with reasonable attention to said trials, give the time and attention to affiant's said application which its importance demanded, and suggested that affiant's counsel apply to one of the other judges of said court; that thereupon the counsel applied to Hon. O. B. LIDDELL, another of the judges of the said court, to hear said petition; that said last-named judge stated to said counsel that he was already worn by protracted hearings, and had a crowded docket of hearings requiring immediate attention, and requested the said counsel to apply to another of the judges of said court whose docket was not at that time so crowded; that thereupon said counsel of this affiant presented said petition to Hon. T. B. STUART, a judge of said court, and requested that upon said verified petition has honor, Judge STUART, would order the issuance of a writ of habeas corpus, and admit this affiant to bail until a hearing could be had as to the legality of his imprisonment; that an order to that effect was indorsed upon said petition by his honor, and a writ issued in accordance therewith, and a bond executed by this affiant in accordance with the terms of said order; that said cause was, on said 11th day of July, 1889, docketed in this court as cause No. 11,230, where it now remains, and is still undetermined; that this affiant appeared in person and by his counsel at court before his honor Judge STUART, at the opening of court on Friday, the 12th day of July inst., pursuant to the order aforesaid, there to abide any order which the court might make in the premises, and at the request of the district attorney then and there present the hearing of said cause and further action therein was postponed, and by agreement set down for hearing on Monday, the 15th day of July instant. And your affiant on oath states that on the morning of Saturday, July 13 inst., the Denver Republican, a newspaper published in the city of Denver, contained the following articles pertaining to said cause and the action of this court and judge thereof in said matters, to-wit:

"STUART WAS THE TOOL.

"The District Court Judge Released Johnny Wyatt on Bail--Stretching Power of a Court--A Fanciful Affidavit Finds a Willing Judge Who Steps Outside of a Precedent and Legal Warrant and Nullifies the Power to Punish for Contempt of Court--The Proceedings Continued in Judge Stuart's Court until Monday, but Some New Moves May Be Made To-Day.

"Johnny Wyatt swore to a guazy fiction. Judge STUART did a thing unprecedented in legal annals. He released the prisoner on bail on a habeas corpus proceeding, and nullified a court's power to punish contempt. It was not Judge STONE who granted the application for J. J. Wyatt's release from jail on bail. Wyatt led the Republican to believe Thursday night that it was Judge STONE. He was released from jail on the order of Judge THOMAS B. STUART, who allowed bail to be accepted. To secure his release Wyatt made oath that he was detained without due warrant or process of law, when he knew it was false. To bring about a hearing in a habeas corpus proceeding the court orders the body of the prisoner to be brought before him, and the writ is returnable at once. If the court is not prepared at that time to hear argument in the case he sets the time, and remands the prisoner. That was the way Johnny got out of jail on Thursday night. Through a continuance of Judge STUART'S unwarranted proceeding, Wyatt is at liberty still, and will be, if STUART can have his way, until Monday. Judge STUART postponed a hearing in the matter yesterday until Monday, and he knows he will have nothing more to do in the case. The same procedure could have been taken yesterday by the counsel of Wyatt, and the supreme court could have been appealed to just as quickly; but it needed the unwarranted interference of a district court judge who would step outside of a legal precedent to keep precious Johnny out of jail for two or three days.' [Here follows the publication of an alleged interview with Judge STONE.]

"HOW JOHNNY GOT OUT.

"Judge STUART was sought at his residence at 9 o'clock Thursday night by Wyatt's attorneys, who had a petition already prepared for a writ of habeas corpus. The petition was made out in Wolcott & Vaile's law office several days ago, but Messrs. Riddell and Easley had to secure a copy of the warrant for commitment before they could present it to a judge. It is a voluminous petition, and reviews the whole proceedings in substance. It is sworn to and signed by Wyatt. Upon oath he claimed that he was 'unlawfully and illegally deprived of his liberty.' In the matter of application for the writ of habeas corpus, Wyatt made affidavit to the court (Judge STUART) that he was unlawfully imprisoned, detained, confined, and restrained of his liberty by Sheriff Weber; that he had been and was advised by counsel, H. Riddell and George W. Easley, that his imprisonment, detention, and confinement was illegal.'

"THEIR MODEST REQUEST.

"After setting forth the allegations, Wyatt's attorneys asked for a writ of habeas corpus, directed to the sheriff, commanding him to have the body of Wyatt before the court, (STUART,) to do and receive what should then be considered proper by the court concerning him, together with the time and cause of his detention, and that he be restored to his liberty. Judge STUART read the petition, and shortly after 10 o'clock Thursday night issued the following writ, which gave Wyatt his liberty on bail until the case could be heard: 'To the Clerk and Sheriff: Let a writ of habeas corpus issue upon the foregoing petition, returnable on Friday, July 12, 1889, at 10 o'clock A. M., at the court-house in Denver. In the mean time the prisoner may be admitted to bail upon giving bonds in the penal sum of $1,000, conditioned that the prisoner, John J. Wyatt, shall appear at the hour above mentioned, and abide the order of the court, said bond to be approved by the sheriff."

"IN STUART'S COURT.

"When the above order was secured Thursday night Wyatt was released by the acting sheriff until 10 o'clock yesterday morning, when the writ was returnable. Wyatt and his legal advisers, Messrs. Riddell and Easley, appeared before Judge STUART for a hearing of the habeas corpus proceedings. The case is growing to such gigantic dimensions that J. F. Vaile, the junior member of the law firm of Wolcott & Vaile, for which concern Mr. Easley is hired to do the dirty work, has also gone into the case. He was present at the time. The prosecution was not aware of the case coming up when it did, and was not prepared to argue it. Assistant District Attorney Abbott told Judge STUART that he wanted to be heard in the matter, and would have to postpone it. The court replied that there would be no snap judgment in the case. Then the hearing was postponed until 10 o'clock Monday morning. In the mean time Judge STUART permitted Wyatt to be out on bail. The bond is in the sum of $1,000, and George H. Graham and William Vaile are on it as sureties. Among lawyers and authorities Judge STUART is receiving severe criticism for allowing Wyatt to be out on bail, for a habeas corpus is a proceeding requiring the sheriff to take his prisoner from jail before the court that issues it, and then show cause to the jury why he (the sheriff) deprives such prisoner of his liberty. This was not the rule in the Wyatt case, for he was not taken from jail, as he had already been liberated by a bond.'

"WITHOUT AUTHORITY'--'BACK TO JAIL, JOHNNY.'

[Under the above head-lines alleged interviews with various persons are published, all denunciatory of the action of Judge STUART in the premises.]

"A JUDICIAL OUTRAGE.

"Judge THOMAS B. STUART of the district court dug his official grave both wide and deep when he issued a writ of habeas corpus on Thursday night for the liberation of Deputy Secretary of State Wyatt from the jail of Arapahoe county. He had no more legal authority to do this than he would have had to issue a writ of habeas corpus for the liberation of the Cronin murderers from the jail of Cook county Illinois. But he was not satisfied with issuing a...