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MC CONTEHPT KEEKSAttorney Morton E. Stevens Gets Warrant Issued for Arrest of R. E. Leber at Valdez on Charge of Contempt of Court, and He Will Be Brought Back by the United States Marshal as Soon as Possible.took went •e of n at ound . pan ;hree said, hute. . Mc-As outlined in the NewB of Saturday last, contempt proceedings were instituted by Attorney Morton B. Stevens against R. E. Leber, the defendant In the case of R. H. Fleming1-vs. R. E. Leber, as administrator of the Baubet estate, and R. E. Leber. The result of Saturday's proceedings was that a warrant was wired to Valdez and Leber will be stopped by the United States marshal in his journey to Seattle.Fleming commenced his suit on November 8, alleging that the defendant had appropriated to his own use and failed to account for about $1,600 of gold dust belonging to plaintiff, taken from the Baubet bench at 16 below, Cleary creek.After the service of the summons, the plaintiff's attorney, Morton E. Stevens, filed notice and had issued by the district clerk a subpoena, requiring Leber to appear on November 12 before C- E. Wright, a notary public, and give his deposition, and also to bring with him all papers pertaining to the transaction. Leber was paid witneBB fees and mileage for tbis appearance and accepted the same. He failed, however, to appear, but started for Seattle by way of Valdez on the loth or thereabouts.On Saturday suit was instituted by Mr. Stevens in the name of the United States ex. rel. R. H. Fleming %'s, R. E. Leber, for contempt of court, consisting of disobedience of tbe process of the district court andfor interrupting and hindering the conduct of a case pending In that court.-Judge Wlckersham refused to issue a warrant until a full argument was made by Mr. Stevens. Late Saturday, after the warrant was Issued and on application of Attorney Louis K, Pratt, whc voluntarily appeared for the defendant, the matter was reopened and Mr. Pratt made.an argument to have the warrant set aside. This occurred between 8 and 10 o'clock and at this hearing the court refused to set aside the warrant.The warrant wired to the United States marshal at Valdez requires that official to bring the defendant before the court to answer to the charge within ten days, or as soon as possible after that time.This morning Mr. Pratt made an application to the court to withdraw the papers and reargue the matter, which reargument was objected to by Mr. Stevens, who notified counsel that he would be required to show his authority for appearing in the case for defendant.Mr. Pratt stated to the court on Saturday night that he personally advised Leber that he need Dot appear to give the deposition because the deposition was void for the reason that it should have been issued by a notary public instead of by the clerk of the district court, and that he, Mr. Pratt, would be guilty of contempt if anyone was.
Newspaper Details
Fairbanks Evening News
Fairbanks, Alaska, US
Mon, Nov 26, 1906
Page 4
Full Page
Clipped by
Janet R.
USA 12 Jan 2025
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