People's Pilot, Volume 4, Number 18, Rensselaer, Jasper County, 19 October 1894 — A CLASH ON THE BENCH. [ARTICLE]

A CLASH ON THE BENCH.

Nebraska Judge* at Loggerhead* Over the Rosewater Case. Omaha, Neb., Oct 17. Probably the most remarkable instance of the clash of judicial authorities in the history of American jurisprudence occurred in Omaha Tuesday when the criminal branch of the district court . presided over by C. R. Scott | was ordered by the other five judges of the district, sitting as i a court, to transfer to their docket the case in which Editor Rosewater of the Bee is accused of libel by the wife of ex-Sheriff Bennett. This was the result of a motion by Mr. Rosewater before the five judges to have some other judge preside at the trial since he regarded the prejudice of Judge Scott as a bar to a fair trial before him. When the court clerk handed Judge Scott the order of the five judges to transfer the case there was a scene. Court business was suspended and hundreds of people flocked into the room to hear the fracas. In a manner indicative of half-suppressed passion Judge Scott said: “We have now met at the cross-roads and I do not propose to take either side, but instead, I am going to tread right in the middle of the road. Here I am, an American citizen 62 years of age, and stand upon a broad gauge platform that will permit me to give every man a fair and impartial trial. If I did not want to give Rosewater a fair trial the motion might be excused. There is no law to take this case off my docket, and it will stay there. If there is any monkeying about it some one is going to be cited to appear for contempt, and I think I am pretty good authority on contempt.” The last portion of the remark brought out a muffled round of applause, since Scott has arrested during his term dozens of prominent citizens for alleged contempt. Continuing the judge added, as he brought his fist down upon the desk with a thud: “Edward Rosewater will be tried in this court if I live, and I will live if they don’t kill me. I was elected to perform my duties ' and I propose to stand by the people and the law. I don’t propose to send this case out to three judges, as was done in the Bemis impeachment case, and then have them find nothing. I fear no power but the power of the people and God. and lam not going to stand any shilly-shallying either. I have asked two judges outside of this district to come here and hear the case.” This ended the seance and the crowd dispersed. Tuesday afternoon Judges Hopewell, Ambrose, Blair. Keyser and Ferguson ascended to the bench for the purpose of sitting in banc to determine if the Bennett case should be removed from Judge Scott’s docket. Afi soon as the court was called to order Mr. Simeral, one of the attorneys for Rosewater, said he had intended to have the files of the case before the court, but he had been informed by Clerk Moores that Judge Scott had issued an order that they should not be removed from his office. The judges ordered the clerk to produce the papers in the case at 9 a. m. to-day and cited Mr. Rosewater to be present for trial. When Scott heard this he at once entered in his journal a decree nullifying the order of the five judges and cited Rosewater to appear in his court at 9a. m. to-day for trial. He further instructed the clerk that if he attempted to carry the papers in the case from his courtroom he would have him jailed for contempt.