Chicago Daily Tribune Newspaper, March 30, 1875, Page 2

tS] HE CHICAGU TRIBUNE ULESDAY, MARCIL SU, 1575. Ee ——— Slate's Attorney in determined to toterate the expoanre | Bince the whole doctrine of contempt of court grows | threata they should present the truth, tho whole truth, | Far better for the eanse of Justice that the editor | Jury in this care, to lot the offender no naprnished Rleaby— EN H CURS iN I ALL of no orime, If be reer ae every mate rtrnnipet in | outet iheneceuity of the court to administer Justice, | aud nothing but the truth, according to the best of | auiould bo pririlegad to intrude, would be an unpardonable crsme, Tt woul be trenaon a , len be Then wed will: nat bo obliged to Age @ | Chicago nna Grand Jury to secnre the punishment of | the conasquence must he that, whenever any obstric- | thelr adil aud understending.” Private eltizens thie PISTOL IN IAN, to the catina of justice, which, by my oMetal oath of ‘Me. Rood—Ni Re the oflendar,” Hon to ite justice ia Inia before fe, he dadgemurtesiso | compelled under the fear of penailles to nerform & | into the Grand and Petit Jury-roorse, and overawe the | olfico, Tam bouitd to conterve,” Tt would hie s dare and t. Reed—No, "Tho third artlote, In the xame paper, I quote in full: | the obstruction to be removed, aud, though ordinary | thankless publia sorvice, uniter the obligations of | jirore by treats of personal vlotenes, and compel | ComAtdly desertion of the fort while the enemy wae —_ a tina feck sestccty worthy Divaela that @ dozen | men inno way connected with the tribunal, elthor ae | solemn oaths, for the purpore of carrying on the bitsi- | {hem toyronuse to takerno sciton prajudiclal to nis ine | battering down the walle, IN THE JAIL. or more membera of the presont Grand Juty, who are | officors or parties, cannot olateuct the cattes of justice | ness of our courte, a sorvice often performed at Arend | torgsts, than to intrude! upon them by his printed late A Judgo tina never any right to think of the pereonnt DONTOMLRD IN THE PRIVAT Grand Olimax of the Contompt | mtemessatntan phe tara arene | Shoo goign ew anicranuac te | fester outar ies ete sents | kemeee myname ean | Ske tgoe™ wae May stan Bw DY |, tania acon onc ot tise honal fricndannd ‘cronten’ of the managing editor of | alwava llabla to oceur—cireum of white ay Sh UIA Fee amore feartn . at ‘Thr TREONE, Who 1s alro wonderfully oted ag ning | oecutred—tn which they ean, if they tako advantage of | constituent nart. foany bonora A tielonaand atsislve nee feo ab thiy Case, ‘The more paworful the agency einployed,,.the more Ts POLAN aTan, point to folluw tho Doputy, Lat on each occa, dangerous iis improper usa, The resyoudsat had uo | Ie may know that his will be assailed by the bitterest | hig counsel instructed him to reatmo big e™ special privileges by reason of hie relation to e widely | calumytess that le will be furiously asraulied by kin fi 0 bin neas, elrcutated dally pater, Habad no right to personally | enomies, and deserted or feobly defended by hia | though at the name timo thoy did not offer ay alse the Grand dury more than any other altegod | friends, 1 lia inthe post of honor, it fe also rome- | further legal objection to the {mmaiinte criminal, But hobsd infinttely greater power tan | times the postof dangsr, Iwas reminded by the de- oboy. Mig a bummer and a male atrumpet, Te thia Grand | theve circuniatauces and do what tends directly taim~ | | Tho court that contd not protect a Grand Jury from Jury a TRinveR Grand Jury? It looks tke it.” pedo Ite course of Justice, of to corrupt Justice itnelf, | vindictive abuna in tho discharge of Ssomiciat duties, Tho fourth article contains theeo wordat Dut that | they ahoutd be dealt with summarily for contempt.” | and the court whlch, possessing the power to protect, was befaro oficehoiding knavery found out thatthe |... ‘Dlainly thers ate special ctronmatances in | would, Wrough fear of personal auimndyorsion, fail to Grand Jury could be converted from an agency fer | which tho power mould be exerciaed by a tribunal of | protect it, wonld alike fall into tuiversal aul deserved. First Gets the Des | the puntsiment of offenders into an agency for | justice after the cause Ia ended.” contempt, Falling to. be protected, honorable men a cat aint iaee bel aber Laan Broan tere pattern ? ~ | Ing of the Court's instructions, The tay Judge Willlams h e Hifeting them at exposure,” pone It tsa prequant fact in this case that, with the well. weasild resort to every artifice to escape service pon navies vt that ‘power for a sian He ae "it thle | force the nw of convempe haul tirice, inthe Bat rot | bowildored at tho decision, were alaolutet i fendant Into Court Tue Ath teas followas, “Tow to maka. fren press | Ruown leaeiiNg Of ne lervatara det auc argurcent, | obrent rathieé Chan eucjoct teomceven to much seey | tet TAS HOM Honnagivante nosey resnited ia the impeachorent of | alyzed at the apposrance of the Depation, ant jorror ta : : ? Oe that ca cces thes Grand Jury ty indict the | rey cited to the Court but one Atnorican decision to | ordeal as (he malfclous and vituperative attacks of the MIGM-MANDED ATTESPT Hee Sec poe, et fu te Tie (ee een one sadee andi from the ‘Detich of tha Supromo Court. Tshall ra. | WAS only aftor repented suggestions by be fovcontrol s Grand Jury in le own interent and to awe | ceive tho sintement of coutusel, that what was wald waa | Hutchingon that Str. Storoy arose from: iste’ auich coniuct dora not havea tendency to impede and | O¢t deslqued ago threat, and accompanied Depnty Morris to tho Jait a , , . Tint having been an’ recently reminded, Teannot ae ee a eye ae citlaen foctiileise | ROW fall to appreciate tho oxtent to which the malevo. | ing supported on bie way by Mr, Mig, ati roviow, fo carp at aud consure, the action of jurica lence of the presa may be carried and tho resulta it | by, Ho waa mot on tho Jnil cortidoy ansroll an Jurgen, pore loge Mtn cd = b: oslo, w ‘Dut bilingsgato ts not erttictem, rihaltry fe moro TUE VINDICTIVENESS y dallor Doyl ho conducted ae 0: inthe | muataln theie position, ‘That wax the case uf ezeparte | daily prees of the county In which they are inipaneled, nutans amplosed tn the | tiicky.d Bmeics api Mareh, v1, Dut ia that-enre | What honorable man would not rathor bo incarecrated when the fact {s slated that the italice in every in- | there wana atatute in the Stato of Missisainp! restricts | forthirty dayain tha common, Jail than to ait thirty atance are (he editor's, ing the power of the Conrt to puuleimenta for econ | days upon a Grand Jury expored to hava hin character Having quoted #o much of the articles an Tice | tempt, while the party wan ‘silting either in the pres | maligned by Ibelona publications, hin family dine sufficient to fully disclane thole Import, Tdeeta {t nn | cneo or hearing of the Court." (soa opinion, page | graced, and perhaps hia businesa ruined? Tait to be neceaeary to act them out in extcnen in this opinion, | 720) ‘The opinion ts, therefor, of very little valuo in } sald, an it tsa been wall upon the argument, that Lo Thete design could not be made wore maulfest if thoy | any State where there ts.uo statrtory Iinttation, has his action of bel for the injury rocelved 2 Would And Then Sentences Wim to Ten Days in Jail. ith which some of the Judgos of the Supreme Court | Prisoner to his private offlca on the loft se only other auihoritiea produced upon theargd- | tho privilege of bringin, ch an avtlon be any | than censure, Tho respondent was not criticising the | ¥! I 5 tp ele of ‘wore (quoted at large, ma ee eantinty counvel to wustait hole position, | specisl consol tion tate dint wlio ban beon maligned? | Jtiry; he waa not pointing out, by way of centre, | tae oF My ine case Of contemphy ami thet one | (wo walloutranco, In tho softest spot of a itty THR LAW'APPLICARLE TO CONTEMPT OF COURT | Of dorect of power in the Court were 2 Sishopa on Would he sorve any tho mote roadity tpon a jury | Where they had violated their oMcial duties, Thera is | charge of duty ins caze of contempt, ant that one 4 Elaborate Opinion on the Ques- ticn of Constructive han #0 recently been declared by the Eupreme Court of | Cortana Law, Sec 2133 the arguments of tha mann- | becatiso of such a pelvilego? Tor it muat be constants this Btate in the case of Tue People ¥a, Wilson, ot al, aera 4 tho tial of Judge Pecitefora the Unitod Staten | ly borne in mind thatthe prliaaty question is, Wont mate not a acntonce of this character in the articles, Indge who, ‘by hin intereity, purity, lexrniug, ant in the oornor of tho raom Mr. Storoy sank, with (Legal News, payo 95), that $ would reem to be un- 1 . | ablilty, caeta lustre upon that Berich, wae driven there- | a sigh that seomod to oxuresstho wi “ ra nace the, TO oo arene macnn from.” But duly eaniot be lestnod in the school of a ords, "Thank 8th Queen's Bench, Int Iawitina' Vieas | isto be the offect of the attacka of the props upon God for a temporary reliof,” and for « Beceseary fo8 ‘io to go into an extensive examination | CF'thy Srawn, Yu 6d; aud apine aeétious from Woarton | Grand Jurien tu reference to tho. ndininiateation of | leap tpon hens srery porribie miault for tho perform Tear, Porsanel opuiarity suey be weaeists WOES} maton’ ine eek pondered over {1 Tong tiny Cont re of the text Looks and reports, Dut, inasmuch oe ihe | on Ceminal Law. Juatice? It is nut whother the individual heen por= | 4800 of thelr official duty, {9 not within the propor Se ee ee eee Lat coe enaa pal agit HO wadden ontempt, authority of that case lins beon queationed upon this | ty i otations trom Bishop already mado abundant- | roual remedy for the abuse, but whother, having a per- OVINE OF JOURNATISM y bottor, niny Tage, y pa: | and unexpocled tum which affaira tad argument, on the grounds that no counsel argued the | ry stow that ho atiataiue the doctring, heretofore ad- | soual remedy, le {a alill likely to bo daterred fram acry~ gare tn tho Supreme Court upon the part of tho de: | Vice, ay tha teuo one, Tie arguments of Me, Mice | te aa Grand furor, or feon properly discharging fendanta, and there was no citation of autho ca aud } Duitie (Ieck’e tris}, p, 87) aud of Judge Spencer (eaine | hiv duty according tu hile oficial vath, provided be hat tho cage wine Aart nue tae mriacipal authors | Yolo P. 25) are able arguments, but they aro mado by | served. wicket abistben de ada p 1 lawyers striving to maintain» cortain position, aud | —Inavery caso of contempt, either of Judge, attor~ ittes touching pew tte question of contempt of courk, | Mwyers alttving fo masini 8 corte Tatty oye | noya, or Jurors, the law entirely iquorcs tho iniyidna, fo far ss applicablo (othe present cane, Iwill cour | Toseqor defendant's counsel i thesame volume, ove | excopt In his relaiiou tols ofliclal duty, It ts ouly PR ake ‘Though the bill of righta dectarca that “every per- | Hontly and calmly bide ile huftetlngs, faving allowaut lsneea nom may freciy apenk, weile, aud. publish om all gute | | Tin this case T make biuuder, though an honest a wing be seatlaman & sufficien Jocte,” it aleo adde, “being Teaponalble for the abuso ones Tesped tatann the Sonne uearces. fLehall will imo to recovor from tha fatiguo incident to hig Of Aint Uborts.” Liberty aud remponatbitity in every | Su)ive {ite dofendaut any Injustice, my conduct wil | jitto vielsaltude, a TaraUNE reporter entored thy wellordered Govermnent aro incparable: |The prents | ara tefure it it avn ight, iho roher wecond thong | Toom snd approached tho prisoner. As bia ¢ thy porsonal injury and to tho peoplo In» criminat | of the peopl Stupefaction of the Lawyers, and Placid Submission of Their Client, : toh fe aclduin unjuat and vometines | touched the tnpostry carpot of the apartment big 3 in me, If it doce uot, E ehiall etill the Mnstri vith int, 6 juetice {6 assaullod fn the person of the tudividual | action, When tho sano press Intrudcs itsclf tipon « | Roncroliny wt te 3 a oye glanced round it 7 ‘Evrat—The power of the Courts over contempta, and | OFs¥om was the Winerrlous Witam With | | Mtidporforme er stall pester a apectal function ia | surg, and by threatening and abusive artictes saiguiity | Fextcoutent, ‘ Sige Dace Ut and took in its prlueipat ty, tho source of that powers the ground thatthe County Court, which had aought | connection with dla atintulstration that the Conrt lists | of conduct tending to obstruct the due adminintration |, Sey ATvocconina kh Ne SRalnel em, eeton oa eae : Secont—The duty of the Courts in certaln eases to | to punish for contempt, was on Iuforior court whose | upits atroug arin in aol{-defouse aud suulles the of- | of Justice, it ia responsible to the Court by the only | Siete ie nt twice before tn the Isfatory of this THR Roost eercise that powe: powcr was Iiniled by atatite, That doos not apply to | fender, Third—The class of casos included in tho power, Tue Criminal Court of Cook County, wiitels ey the Far better that we ehontd abandon the Grand Jury TUE POWER TO PUNINIK. Conatitulion anid law of tho lands superior court of | system altoyether than that Grand Juries should be Bishop saya (2 Crim, Law, Hec, 243): “The | genorat Jurisdiction, Two authorities anid only two | subjected to malicious and [iteloun assaulta, through powor to proceed against. porsons in this | cited by defendant's counsel yot remain uncounidored, | the press, of interested and vorgoful pon OL ace way (Cor Sontamet ia an incident adhoring to every | Taball not dlsouss Mr, Wharton, inasmuch as while | count of the porformance of thelr oiflcial duties, Judicial tribunal, derived from ste very conatitution | he adults the doctrive uf constructive contempta to For it must bo borne in mind that uo editor and Without any expross etatutory ald.” In the case of | prevail in England and many of the States he hea | no mon can bo porwitted to exercieo a monopoly of Ciark ya, The People (Breeso 310), the Superior Court | placed Liimeolf in direct opposition to the decision In | thie abuse, of Iillucis held that to power’ ta punlah for con- | ‘Tho Yeoplevs, Wiikon, wich ho has sought by argu- | Jf one ioan ean do. Its very man has tho same tempt was an incident to all courts of juaticofudepeud- | ment to overthiow. I have nioro confidence in the Hy ht; {f ono editor may Ybel with impuntty, every ent of any statutory :provisions,” In the subsequent | opinion of four able Judges of our Bupreme.Court | editor may bol with tho like impunity, In that ease of Stuart ve, Tho People (1d Scam, 393) the Court | tian in that of Mtr. Whartoo. event, what becomes of tho Grant Jury, subject to held that tho atatuta then in force glving eourts the | Tdonot regard ‘Let Mnwkins, 69, ax opposed to the | the personal abuso of every orinuual, and of syery sigue, to punish for contempt “Afirms a principal | yiew of the law I have above psuireenedl mut if itwas, } editor, andof evcry man whom revenge or malice ni Tis Removal to the Private Office of the Jail. $ it f Sinte hing it been resorted to, a0 far an I know, Thin Free oo eee Te is | isduosn part to. tho press, wile, while tt often tihels | WA8 email. but yot enough largor than & colt tg wiite aa necceanry that Courte Bioula maintain” individuals, has renllaod that tt would be a great criine | insure its being preforable to the Ordinary fay és ‘THYAN JUDICIAL INDEPENDENCE, peralatentiy to attorapt to destroy the elficleucy of tha | quartore, waa woll furnished, and would bg : aa that the press should prosorva itn liberty, "The whole | SoUzts thtougu whilcthalona Juatico can 7 a2" | ptensant resting-place for anybody who was ny, BUPPOBED PRRAONAL WNONGS obliged to stay in it, In fact, the only tis, publle, sdltors included, have a vital interest in mniti- ap tatirete clninate from tain proceeding ‘everg: | by the cous, editors bave uaunily rexorled to auch | qbout the room which could have been 1 thing which dcea not necessarily Lelong to it, It'in | Pemedine aa were possussed by them in common with | gut to ite occupant wore anndry hand met tat & proceeding to vindicate the Judge orproscenting | otuer citizens, and with these they have been contant. | Aeoiies wil td i mt ¥ mdouts anj attoriiey of thiecourt, The presont occupant of tie | But the fact ta duo even moroto the extrame paticncs | hsokles which hungon tho wall, and at whiny Dench i» not, therefore, ‘the prosecutor, udge, jury, | of tho courts and the great roluctance upon the part of he glaneod evory uow and thon with aralne, and executioner in Ate oien case,” It te nota proceed. | ie Judges to ttso tho procesn of the sourt for tts own expression of coantonauco, When tho prison ing In whieh the Judge dotermines questions of fact, Piatections No action upon the part of the Judge cau | saw ‘Cus ‘Cue reportor, ho looked an The dofendant haa admitled, under oall, the pub- ao utterly distasteful to iim as the action for con- | amiled, and asked him his busincesin a pleas, fh, There Ee Gives His De« cided Opinion of the Decision. $ . oh, herent in aconrt of justice to defend tinct when | x most emphatic statement of the law ls mato hy hint | may actuate? Would any ave man fora moment | iication of tuo arlicles, and the only polut now to be | tampt Iislooked upon with disfavor by the public. | kindly tono, Ho Bears Wis Voluntary Martyrdom | sttackod, as tuo individual man isa right to do fur | in vol, 2, p22) fully etiataining the powor of the | contend that ite oMlctoney aa n part of te Judelal ange } decided te AF Ure proper te cirectell pala am edttar Sh ali fs | Woll,” he antd, what can T do for you, sini Luis own presorvation ;” and, in tho case of The Peopla | court to ‘punish for coutempts of its presonco, chlnery was not materlally loasoned, if not altogether ‘A QUESTION OF LAW, aeenein the estecm of the qaees gud cll wiom it can | _.eporter—L don't want to take up your ting with Good Grace. ys. Wilron ot ay Judge Thoruton, in his opinion, In viow of the oxhaustive argumont of tho counsel } destroyed? Courts bavo no right to inquire Into the } wyother atch artioles published asthe defendant has snoace v Mr. Storoy, but I should like to kuow f ims, anya: “The statute meroly reafirma a pri-esistent | who opened this eneo, and his very limltod citation of | personal character of Grand Juries, oxcept au eich | confessed them to hi ‘obeen, lnye ® tendency to ob- ut if tho Auty howd always be shunned, the Indes | benefit of Tu Vamone’s rendora for thy power, and does not atlampt to restrict ite exerciee ta | authorities to sustain his pomtfona, and in view of my | personal oliaracter affects or lina a tendunoy to affect struct the due contempts in the presuuce of the Conrt, but leaves | own carefull examination of the law applicable to thia | their olficial conduct, Qne saan may be vory penurl- ministration of Justice, Thin is to | pendence of the courts would soon be lust, Aggres- | WHAT YOU THINK ADOUT JUDGE WILLIAM pp ae ‘bo detormint pon thetriurpoction, and it is ever } sions, from whatever quarter, the acknowledged a them to be determinod by the principles of tha com- | case, I tuiuk ous, auother very lavisl; ono may bo very: Incon- d y , froin whatever quarter, won ig o1sion. e dotern ‘ y aud always a caso for 8 Court to dotermniue, rights of the courts must be related, M = J udge McAllister Crants a mon tae Wits ibe power, Seat cout at 1 ASS SAFE IN BAYING a ete Tey te ee, Bee een oe ‘Thia is net a procecdiug commenced by the Court | - txtremo cases demand eovere remedies, Y belleve r, Sloroy—I think that, in & Topal point of en, upon ite own motion to vindicate the Jury, buts pro- | tho defendant If int 1 viow, 26 is by uo moans a just oue. Ido couding comninenced upon tue coinplalat of tho jury to | who, fromm pursoual motives, bya series oF ‘artes, | shin that Judge Williams laa conwlied in ia protect the adimiuietration of juatice, This is nota published in bis paper tay after da} matter with his fellows on the Bencd or he Would caaa of constructive contempt in view of the admitted INONEASING IN VENOM, not have reudered at, Lat why do you want my Facts jeu ioe soabllited Haw, Dat be, get ua contempt, | han deliberately and persistently attonipted to dentroy | opinion ? ‘considors eat lane, tf te Pee, ety iw ie tho ofticloncy of a court of junticos apparently doter- Ttoportor—Woll, you seo the Times fs murs ate iba th Fee eee crite WEIN tae male Aes aus akhe cou sat alee ridaut ns been | HS¥out, and Tie Larnvye will not bo bobind thy verned, this cause in its facts is altogether inlike it. bese an ce a ea Eines HH anythin a you know. hat ir. Storey (smiling)—Woll, what more ¢an] 4 . | thatall the atuthorilicr, English and American (per- Ete Fe and hot perroree” nee dees | lists with tho excopiton’ of Wharton}, austain tho po. | Way" “fautully. duacbargo Aisle "diies act thor ove fo the ‘Slate {f ihey fulled to. struggle for | titlon that in the powerto munis for contomptare to | cording to law and thuir olla onthe? Por- there Gndeponience aud defend thelr life ro tho | b8 included all acts catoulated to tmpede, embarrars, | fection is not to be found upon the Grand hanue clfect are tive caaca of United Staten va: Now Bed- | OF obalruct the court in the administration of justice, | Suey any more than iu onr ollices, nlores, or worke ford Hiridge, 1 Wood & Minot, 1; Atata vx, Tuhusnn, | Whother stich acteare dousin or out of tho prosence } yuote, Admit, for the sako of argument, that th I Drevarde 185+ Yatee ve, Lansing, i of the court, unless there fa sone etatite in exintence | Grand Jurore'wers "mile atrumpeus,” Was it Doty Statcs vs, Hadson, 7 Cranchi, 32 init ing the ncwess Aud thet euch power inhores, ox | oycn in that caso, a praiseworthy act that under the Green, 165; Yates'va, Lanstug, J JoLn, 393; State ve, | Recresitate, in every court of superior aud genorl | wanction of their onth they should, mpon the evideuco 450, Matthews, 37 N, 1 a | Jurisdiction, | Tt ie cortain that auch js the nw in Ills | Gr witnesses produced and shown ‘before them, hava , +3 ‘nojs, and there is no decision of any uthor Azuerican ¥ ef THE DUTY OF THE COUNTS TO PUNIEH FOR GON- | court to whitch Thave clted, or which Lbaye heen able | MuUlcted an editor for publishing & tmner containing Supersedeas. And the Defendant Is Re- ¥ensed on Bail from Duress. often repented, and jn each care with greater aggrava- era nee eee ha propos eee tor | one. it wat committed deliberately nnd willfully, the proviction of Ha oficlal character, or duat of an ate | 2t# tendency was to obuteuct the dus adruinistration of gay? Roporter—What aro you going to do in ony Hele dencriLing minutely a pretended wcene in & Suntlee by the use of tliat almont omnipotent iustrne TRUPTS. fo find, or any toxt-Look with the exception of Wharton, | $5.0" ‘5 torney practicing before it, T think auch action should i Z ‘This duty ative fcom the fact that punishment by | which congiets with tholaw aa abovo inid down, Lut | Howse of proailtution ; an article boreschved for the courts of last reaort, consisting of | Mentality, the pross, Tt was intended to iuaugurate | to got roliaf 7 over this Court, and especially over its Jurova, a relyn ture consideration, bus opportunity for mutual con. | Cf terror, and niego the ralistars of Sustice Hie sub- aultation, Xaball adhero now, aa Phavo heretofore, to | gpondtent had not Lech reutralied by the proceedings A NNPSOLUTION, iu this cause, I know uot to what extont of formed tasny years ago, never to tise the proceas af any VINULENCR AND ANUSE. gaurt in which £ muy preside Jor my ajfctal vindied- | tye editor would uot liave gone, ‘To punish auch an offenien merely by lve, would be a mockery of Jine- Ae ahaa) sennagratticles watiiniga | Hoe Tue seasatiouatartiolos which would syjbat hietie for wooka past in the Times in reverence to {he Judge | es would, lu two or three dass, more than role contempt is often tho only process by which tho Court | {t was sald upon argument that many of the States of O LEWD AND INDECENT tan protect ite own, Ifo, “dourse most, ike individu. | the Uulon, sud the United States, bad passed state | 2810 ‘bring 5 fiwliiog: singe’ to 1h: face De ais Die als, posters tho powsr of aclf-defense, nnd it is only by | utea Hrnltlbg this power, It laa singular fact that, | Man, | ‘Ape siahe 2b6 Tole pe ites feud to fnisity this power to punish for contempts that the Courtacan | after the decision ef tho Wilson caso by the Supreme the ¢ sarge syalnat them? Was eee abele alinoredit, protect themselves trom aggtesaious which would be | Court, an attempt was made to paes throu the Legis- | that they brought In BEON sworn, “i mony three in~ fate] to their very existence, ture a bill limiting the power of tho courts aver cons uamonts foe bel, when, sey lis fallud ao to eat Tn the cace of Rex va. Davidson, 4D. & Ata, 929, | tempts, but (Lat Ita pasaige could not be aocured, If | tes woul have ea gly ot perury and. offcini 309, Justice Holrayd wald: “In the cose of aa iu | {walso a curious fact that, whflodn tho year 1¢4% when | Malfersnnca 7 No malter if they had Veen Imnioral sult to himself” (the Judge), {tn not on | tho Stuart cure was decided, s statute was tn exiatouce | Mets Hf all thale coninct jn the Grand Jury room had bis own account that he commits, for that isa constd- | which the court held to bo a limitation of the power of en aetiin| & regard for their olficlal onthe, and. orat Judgon, where tere is not only tlio f Mr, Storey—Aly Inwyorn ara trying to Leb cet) f on suporsodone to-day, Thoy had yon to Wank! toyocure ono from Judyo MoAllister. It beit at home wo will no doubt hear from bim thy evening, Reporter—Was the decision Me, Storey Wall ua, 1h wae 4 ‘rt. Storey—Woll, no, Was bob exnclly snepstec, I thought that the auimus of ule Legal and Editorial Opinions, THE PRELIMINARIES, THE DEYENDANT IN count. The promised delivery by Jndgo Williams yesterday morning of bis decision m the contempt casa in which Wilbur F. Storoy, bration whlch sbould novor enter Snto hia minds Dus | the court, aud witlo in 1612, wien tue Wilron cneo was | fF alice amd law, the defendunt bad uo right ruth. | CPL court, 1¢ ballovad, they would make the Judge | Hirse the dorendaut for any Muo which 1 should con- | Willinmy would tal him quite ag far of tho Times, is dofondant, brought to- | though he may dospiso the {usult, it inaduly witch ba | tried, there was alzo a statuis whlch justice was in- | Jestly to asnault the PACT a hee aR earner agtrresieny Poor iler proper tu impose,, Haliiors mart untersiand | dong, 4 es It by gethor in the Criminal Court's vory large, tuat papor. Its io fault of tose articles If such a owes to the station to which he bolougs not to auffer | clined to consider alimltation of tho power by impli. | , Zu reference to this Grand Jury, the yenire was put Thoso things to pass Which will make Lim dospleablo | eatfon, that the last Leginlature repealod sich statute, | Hite tho lande of the Shoritf 11 person, with n chara inthe eyes of others, It iain duty to aupport tho | ond tat there la none now in existence, ‘The failuro | ftom the Court that he stone eamton, caly ignity of his station sod uphold tho Inw, so that, in | to pass ono act au tue repeal of tho other, {C thoy aro | Mon. He Pace fees to ee (roan Ate wholo city, Lis presence at Ieant, #t shall not be infringed.” Bee, | to bo regarded na an expression of the iegistative will, itt no other direction than ae 8 ove mentioneil, sho 2d Foster 165,” Tonney’s eau. Bishop enya (2 | signify tat our fegisiatars are moro afruld of en- | I improper jurora wore mulamons tt was the fault Crim, Law, Bee, 447): “ Binco the wholo dootrine of eroachment by tha press upon tne couria than by the | Of the Sheriff, Butd a8 chnrge hit with o diare= contempt of Court grows out of the necessity for the | courta upon the press, Aud there is more roason to gard ore duly aud the popnsliony oe hn Court, Court to administer justice, the consequonce must bo | fear for the courts, Yor thy press is constantly aggres- opie of the Jurors as I ain personally acquainted tliat whenever any obstruction to {ta juatica ts lafil bo- | sive, while the courts eau nuver do more than uxurclae | With are eatimable, forait, the Judgo must caugo the obstruction to be | tho right of self-defense, And the courta aro conatl. RESPEOTED CITIZENS. removed.” Tunumerable cases coald be cited in aup- | tuted und maintained by the peoplo, and for tho pea- | Iknow of none who sro not, though I am not ac- port of the alaointe duty of the Court to protect ite | plo, for remedying thelr wrongs and defonding their | quointed with all, Thoy had Leow upon tho jury wolf from sgressions by thin tt Teportor—Do you think tho decision ts anah teropt tu muzzle the pross ? Mr, Storcy—Yeu wir, I think if s nemaparer ennnot discuss a decivion of tho court no inti. vidual can, Whot « nowspapor says 18 tho sce as what an individual gays, and tho right to dip cuss the action of a court rests with tho press. Reporter—The court had aright to detersica what is contompt, Mr. Storey—Judga Williams, i¢ seoms, deter minog what is contempt, and from la aud, take it altogether, 8 very re- Bpectablo audience, Among those presout wero anamber of poople who wero attractod ont of curiorlty, and a numbor more who felt directly interceted {n tho result of tha decision of tho Court, At 10 o'clock Indge Willlame stated his resdinoss to proceed with the rendoring of uls decision, but expressed aomo surprise at the sb- g2nce of the defendant. The counsel for the do- thor citizens, aud their respoualbilitien 10 Jean, If mirpore Bas not beon accompllihed, ‘They charge | tj ‘ : 3 a eee eae chin aaitie mae | ticy publial 2ibels upon fudivianals, thoy may" escape feusane fa ative gengraly, aud in reference to cer. | Wie loener aaman to themeelves, but they cannot tain specified caned with Having been bribed, and : with ‘Renosal Manonesty and corruption, If they Ghogs OUTRAGES UPON JUnone, see eee spnroncl ot the dudue of “this Coury | tending to finpeto and obstruct and overthrow. the into any’ company of Nonest men should be Leralded | dvoadminixtration of the law, But the nctiou of the by tue sry? oom for the loper, room” Court mist Le vindicatory, not vindletive, In thin Jao tar oe these charges may eifeot my peraonal char. | 2%e tho motion to vacate the rule to show cage will actor, toy Will nover be opposed except by tue elicld | Pe denied, and th cross motion for tho iynuance of the seer reeXatign wich hag been the wrowilvof moro | sttachmoit will be granted, No duo will be assemsed than tirty yenra in this olty, to which Teamo in iny | S74 no costs awarded against the respondent, but for poyhoods a reputation never veiled by dlzhonor or | te coulampt, of which be ling beou guilty, he will ‘only weapon of de- | rights, All the ollicers of tha courte aro tho eervanta | sovoral days before they brought in any indictmont douision, if seams, there 0 fondaut—Messre, William Goudy, Wirt Dextor, | fenee, but their citation la unmecorarg. sella pcanlee whore thoy ean, remove; porodieaily ae | egatuet tua Tome, and-t do uot know, and hove uever disuonesty, except ax ouch charges have appeared in | Saud committed tothe Jail of this county forton days, | nm absolutely without rad cen "Tae ocise Col, Rienby—lookod at thar i IN WHAT CASES WILL THE counts PUNIsH yon | their soverolgn pleaaure; while the press, like any pri- | heard, that before the dnding of the indictments its | the Yhnes, As charges, even, Ldo not know of their —_—_——— ig tho moatatbitrary ono! over heard, WhileJads and Col, Rienby—lookod at ono another in a costusirts? vate individual, exists primarily for {teolf, aud ascond- | editor liad discovered that they wore dleroputable | existence elsawhore, HOW IT WAS RECEIVED. Willinma might be able t Kc wt 4 nzzied kind of way, and the following conver- arily for the public, Its editura and publishera are | clisracters. They became disreputable in the eatina- 10 far au these articles aaxert or Imply official min- o ame might be abla to male a slump sperca P 0 ‘That Courts eax punteh for contempts committed in ti ‘Gund: iy setae i. ‘ne avery wool, tho Times is wble to adr sation onautod betwoon them and the Court : their presence haa never been denied, The question | largely indenendent of tha logal electors, ion of the Times ou Sunday, the Lith inst., having | gersauce or malfeasance, I opposo them by most SHE QONECERS ATION [OF 2b TENTED: ty ' Be a a: bos aauee Bt . {lion arises, What contempts sell be regardcdas com- | In the light of the above statement of the law, we | upon the previots day brought In sgalust tho editor of | poultive aud empbatic ‘Tho doliyery of tho opinion was not marred | Jargor numnbor of pooplo avory day in the week Tho Court—Will you gee, gontlemon, that your | iniitea in tho presence of the Court 7 can Icarn what coustruotive coutempte are not, that paper four fudictmenty,—throe for libel, and ono DENTAD OF THER TAUEN. with any disturbanco on tho part of tho audience, NRoportor—Supposo Judge MoAllister doctiaes ellont is here, Judge Dreeso eaid iu delivering the optnion of the | ‘They are not all thos coutenpts which are com. | for publishing an indecent paper, 2 i x + CO, | to interforo, what step will you pursuo ? pret r rr mitted oulaids the court-room, and out of the view of | By the agreement of couusel upon the hearing, the Pauek (to pain Boe cnneieniah mound oeeamneniy he tho Judge, | Mauy of aiich contempts aro as truly ac- | huis rocord, #0 far as it relates to these orlmlual pro. Freluded all nota calculated to tnipede, embarrase, or | tial aa would Lo profanity and gross indaconcy in the | ceedings, is fu evidence, That record dlacloses’ the so Court ia the administraou of justice, | court-rooin, But I know of no wxt-book or adjudged | fact that four indictments wore filed o this Gourt ‘Thoy are uutrue in substance snd Ju aptrit, untrue in the grees oud in the detail, untrue in their face, | 254 a6 the portion in which the Court alluded and stil} taore in thelr Jnferencet aud insinuations, i | in gonoral terms to tho genoral charactor of the oppore them algo by tlio bravo utterances of one of the ht have been he ; Soret ee houtadl, made Upoe ihe aeiion io gneas | loceudene & plo: mile de a heard drop, Mr. Doxtor—I suppose we will, if Your Honor dostros it. The Court—It will be necossary. J willissus Mr. Bovey Weil tir, Ldon’t kuow 5 web not looked boyond that, Sudge MoAllistor, yo, orany other man, can countenanoo this decities, obatruct and if the community do, thoy acknowledge thit o} cat ick gives an accurate definition of aconstruct- | against the defendant on the Lith inat,, and two more . ve tho en attachment if you prefer,—bring him tn by | Siena ete ciara Oe ee aad aero orn Sr | Upou the 1th tnet, Ou the 141d lust. the svonce come | Wie rule dreb | eutcred in (hls ausos | coun ha, cote aioe eee Lat Dogan | no man lies tho right to toll the trath, attachmont,—or I will givo you an opportunity } and relied on by the majority of the Court, as ‘The soum ETON AS To WitAT THEY ANZ menced ita sttack upon the Grand Jury, contluniog 18 | Voyg “true? to lie olleut, 0. feo, however | tho Coure prompliy stopped SO | Roporter—Do you think Judo Williams wus to bring him in without. People va, Wilaon of ol, decided aa late as the year | tuto be gained by the examinaticn of the cases of | diferent articles in ite iesite Br the tou ‘On rind fat great, can induce, and no client, however {nflnenttat, rt promptly stopped. DES!OTIO IN W1H OPINION 2 Mr, Dextor—I think we will walve the attach- ment. Isupposo, perhaps, wo aro a little to blaine for not asking him tobe hore. It did not occur to me to do wo; I know that his custom ie not to pet down until 12 o’clock, aud we will pou directly to his house and ask him to eome ore. Tho Court—Yory woll, alr. Mr, Doxter—And1bopa tho Conrt will eon- sider it rathor the fault of his counsel that he is Dot hore. The Court—I shall certainty not blamo tho counsel, Wo will goon with othor business until bo cotnes in, Mr. iteod—They will nond for him ? ‘Lhe Court-—Yes, I desire to hove him here as oon as ho can come. ‘The Court then procaoded with ite ordioary business, and at about 11 o'clock Mr, Staroy en tered tho room, aud was conducted to bis ai between his coanecl, Messrs. Goudy and Dexter, ‘is ontry did not cause any marked sonsation, i . Stuart ya, ‘Tho People, and Tho Poople ve. Wilson, The only cases to point upon the question now | dnagorceze says ia the former caso, apeaking for ths | jowloned day the Grand Jury tu » body nreeuted nndor discussion, which have been docided {u this | Gourt: “Zuto tila vortex of conatructive contempt | gionation, aud desired to be informed by the Court af alae ave those.of Blert wae che Reoplo, and Tue Lew iba eis draws a os eitiats Soria many sets se eonnt be protected from sucti justin, ioetiie mera: end wi which haya no tendeuoy to obstrite! admintatration Tis doubt that this fs the law in Tuinom, Of Justice, but rather Co wound the feclingy or offend | {pt Of that toy tho Zines bad Lesped upon the jurors Haw a different rule evor obtained fn any other State | the persoual dignity of the Judge,” and the court then ¥i orcountry where the common law fa in force? No | licld that ft was nat con: t with the genius of our Sasi tage found latryor would over contend for the proposition | free inaiitutions, to, puniah auch seta sa contempt, for their performance of their officlat dutien, If 4 that thelr power to punish for contempis beaver | The contempt in tuat case “was by a priuter of | Colt not be atoppod, the paper, increnalng in virue been confined to contempts committed in the Court- | a newspaper, remarking on the couduct of an in. | Iuces Foight be exnected to charge them tha following room, andin view of the Judge, Tholearned coun- | dividusl juror, wo, whilet he waa engaged in | 3¥ With being thieves and robbers, It might ruiu telfor the respondent do not, ae T underatand, con- | the trial of m capital case, nnd whilst aeparated | elt reputations ond business atanding, tend for such a proposition, ‘The counsel who opened | from the public, and in chargs of an officer of the | ,, What wasto bedono? Was the Court to say to the ihe cage said, thatin addition to oienses committed | court, waa furnlebing articloa for daily publica. | JUxore, J have no power to protect you in the discharge fn the Gourt‘room, the power to puniah for contempt | tion in a rival. newspaper; and, in admitting « | % Your oficial dudes? The Juudge of this Court did extended to “cases where an order bad been isnued | communication from a correspondent calculated to | B0t#0 understand tho law, Was the Court to say, I dy the Court and the party on wlom {t was binding | irritate the prealding Judge of tue court, though not | RAVe.the power to protect you Lut will not? Blould refused to oboy, or cancw where «process of the Court | reilecting on lls jutegrity, or in any way impeaching | te Court ssy to them, In the Innguage of the counsel wan treated with dirrespect and disobeyed,” Iie conduct,” And the Court very properly held that | W20 openod the argawent, that © the law for libel, the Wharton eltes sa instances whore tho Courts have | "the paragrapla and communication published had | !¥ for embracing, the law for any kind of mis. the undoubted right to punleh for contempt, no tendency to obstruct the administration of justice, | Gemeaniors, provide by the Ratule eovering all thove Pirat—Obstructions to the service of process, nor were they thrust upon the notloo of the Court by rac ight ee ee Rtovon ay ene ir Ria Stcond—Diwobedlence of certain peremptory writs, | any act of the plafulitl.” It 4s immodlately after thin | Juror ald nee come tte ourt sud sceva theroin for Third-—Vbyalcal interferenco with partes, statement that the language often above roferred to ta | (he Hiivilege o Hea e tino tee ine oe Yourth—Publicatlon of proceedings ordored not {| uacd, aud the doctrine advanced that, where justice is - CEYIEG AS (By £01 smh ne a Court, can compel, to aby disloyalty to his courcienco or iis | AS arulo lanyers, who ere, gensrally epouking, aes Bouerous. panto AE sue here defendant’s | among the moat phiogmatic af meu, do not show er of r § i 4 Par tut to prevent nilsapprelension from the general | Much fooling during the dolivory of a Judyo's nature of the discusion, I may pauae heroand re-} Opivion. This is partly due to the studicd non- peat that Iam very glad the case doen not go beyond | chalance which is an ossoutial in all public pro- the Grand Jury, Foras s momber of the feeet tn which my life iseaet, in whiea have poswed the | fesclons, and partly to the fact that, ase gonoral tice: part pet jae ail pasa ales romaine, fy is 3 rula, the point of a Judgo's decision is generally e 8 auy member of tho judiciary inthis clty of conrus contained in Its few final sentences, which as oi 3 hat fom Fuoinns Drorsaond, arhotn we. te- | froquontly as not aro introduced with a but,” ae cty aoe bombs itis aaubject of profound com, | 224 disappoint, agreeably or otherwise, the an- to the bouch, itis asubject of profound con- | b . 4 fratulation” thot” there suujovt e| Mian attiug | ticlpations of a majority of tho listavers, oe ue pense. setts Ey OF s Cuicago, oe The decision of Juuge Williams, howovor, Ww ny Person, whose Opinion te worth listening ( thinks oss be soiled by | WSS from bexinomng to ond so etralghit-from-the- ear HB do not say fle in rene of the Courts; ahboulder a dooumont vn to Jive no hope, from . vertiio- | tho timo a quartor of it was doliverad, that the lose, a splendid fact to be confidently aesened, I 2 if in defense of the profeasion whlch F prize, andet | result would be anything but disastrous to the which Tams member, because with s corrupt judi- | defendant, During tho reading of tho eartior ciaey there cam. be ne picuarebie sucecea In theprac- | Fortion of the decision two of the defendant's Mr, Storey—I mont certainty do. Ho ehowel his aims towards mo aftor his decision by twice ordoring the balliff to remove me from tht sourt-room. After the soutonos I was in ihe hauds of the Sherif, not io his auy more thin you were. Ie not only ordora the Shen w take mo, but he follows mo into the prison tons if Tam ta the coll. At this point Shoriff Agnow entered the tem ond sald: ** Well, Mr. Storey, how aro you?" Mr, Storoy—Vory woil, I thank you (tkiog ont his watch), though I have been # prisouer lo threo houra, Sheriff—Havo you heard anything from thy Supremo Contt, or am J to have you ae my gan for ton days? Mr, Storcy—I have not, Undor other cirew- stances, Mr, Sheriff, I would ba most happy bo your quest, but not whon I bave busines’ attond to, Reporter—Tho Times has beow rathor seri on the Criminsl Court. Having disposed of the business which camo | .4 ‘They were Lastly, 1 oppose the eharges by the dofendant'a | counsel wore oareless and jaunty in tholrmnan- | Mr, Storoy—This is not tho affatrof the Tint h Litelied, obwtructed in ite adininistration, the act ia ta be con- : Sits ‘up before him and having eatisiied humwelt of ‘Fiftn—Mineonduet of officers of the court, tldered au done in tho presence of the Court, In thie ENTITLED To PROTECTION Aaneledudge for many year of the Circuit Conttof | HOF snd sralied confidently upon exch othor and | afono Any more thao of Dare Sucause a tin tho prosonce of tho dofeudaut, tho Court pro- | Acti—Miscouduct of Jaryiuon, opinion, two, clussce of cance ara, coualderad: One | from the Court witch had coupelied thelr servieca; | thle eounty, where this defendant Uad many conterted their cllent,—it was apparent that in tholr opin. | happencd that it was the Zine which chit ed to read bis decinion, ‘To an obaurver un- | Yndor this Inet hesd ho says: “50, from the neces: | Were the act haw no tendency to obaisuct Justice, but | and the Court, upon wuch complaint beng made by | casosbofare me, I quota frou tho Titnes od Baturdiyy | fon a nominal fino was tho lighost pruléhmont | '¢ Teport in place of Yue Turnune, It isuts tho 17th inat.: Se tarastbe oMctal action of the former crit. | Which could possibly bo awarded,—but as tho tama) Howard the ii awe soucetned, it not Judge proceeded with bis reading, and the legal merely po ground = of = complalut, ut | oolls twined irresistibly around their cliont, they Buch ate Pan lieve foam taien by that lifeeton. glonced nervously at cach other and at the third familiar with Jndge Williams! delivery it might have seemed that, during his enunciation of bia legat and literary production, he displayed somo fecling, but thoso who have already heard him deliver opinions would have noticed that his manuer did m Only to wottud the feelings or offond the personal dig. | the Graud Jury, iminodlately issued a rule upon the byconralusent for Rae Le UHUTANY eerie | nity of the Judge, and this fa claasod with constructive | roapondent to vhow causa why he aliould not Be ic Fe a oe eae to Tne Alder ccs | couterplas tbo ‘other cnae fs onw where the auuints- | ished for contempt, ‘The aiticles show upon their Ce en aed ee ee see chute | tratlon of Jualice fo a dangor of being ouairitctod, | face the motives which actuated the putllauer, Zt wns, ae ee eee ant aditn, | and this fs ueld fo ba su actual eontempt, considered | 0 regard for the futeroata of the public, Lut personal a aks Bate Hpk (last edition), | tn law ae committed in tho very slytt of the Court, | revenge aguiuat the jury for their action toward de- personal matter, andif thia sotion of the Coat ‘Ju propor thoro is no longer any uae in publish ing in our newspapers onitioismis upon the acloa of ony Judgo or jury. At thia point Offutt ys, Panott, 1 Crauch, O, 0, t ATO ff t " ’ ic i anus pata 7 bse In the caso of The People ya, Wilson ot al, the ma- | fendant, ‘There fs ‘no proof before the Court that ts of this a1 UN, MIRE M'DONALD not vary 8 whit from that displayed ordinarily by pane ie pd tbe of Boe earn men Jority of the court held that the act complamod of waa | other fadictments were thon ponding, but thero te Teeyane Ly ian to which no exception bd ‘voan et of thelr number, Mr. Goudy, who, at all times | jooked into tha room, His intorviaw with Xr Bim on euch occasions, Judyre Williams’ man- ner ia always short, sharp, aud quick, and ner- vousty ewphatic, and it was uot more pe yesters day morning than at any other time, not calculated to obstruct justice, Juntices Bcottand roof that olber indictments wero filed in Court thras eee ee eee eecule: the tert | Bnoldon, and, i$ fair to stoaumas, Judge Breese, bald | Haye tater, tia more than, Frobable that they ware Tollelting fo mle” a eubcesaful bet on the queation of | WR Ad ae an er mua catar of uae paper “ stinction woen acts comm! an at loast 6 rig! Suspect s0 mI ‘vurkst ggrcumiant.” shop also sustained there pealtions. | ait of tue sigut of tha Judge would bo an arbitrary diae | of motivos tight bave actuated tte respondent, Rex could be, taken, In othier casen the bad found | 8tious and solf-posseesed, did not display any Sudge Williams affable, courteous, cousiderates bia | particular emotion. When the olosing sentences docixiona were of a nature that often won ita ci mendation, and livattitude on public. quealiona ti of tho decision, however, came to be read the Storoy wae briof but ploasant, McDonald jan a bashfal mav, aud bo spoke without sa init duction, ss follows: . Miko BMoDonald—Ha! Mr. Btorey, a0 youbart ‘ Yet, in every one of the above-mentioned contempta such as to win goneral respect, Giscomfiture of the dofendaut’s counsel was | oo: into jail at lack? ——~.—— a. (tmlight be, } Md ft P {notion sustained neither upon principle nor authority, | venge for what bad been done, anda determination to | F have no further defenseto make of the Judgo of 0, and ae blo as . gs aI THE DECISION, tho immediate” proeacs vor "ihe raeaived out af ‘Tho only right the Court has to punish atall ta on ao- PREVENT THE SUNY, thts Court trom the charges of defeudant'a pany, bilt complete, and Ma palaDle os ik wag comap! Hele Mr. Bore Boems BO, Miko McDonald—Woll, it was n tight race te tween you and me who would gat loro fist bd you have won, Mr, Storoy—It soome 80, count of ita right of self-defense. Thedueaduinistra- | through fear, from returning any more indictments, some times fer distant from the Courtroom, | tion of justice ts the thing to be accured, {fan act | Henldes, tho defendant bad Gen pending ta the Orin: The disobedience to it would be ia the printing omica, | (v0 in the presence of the Judgo has no tendency to | inal Court four indictments, upon which trials might ‘but ft would beno Jess of « contempt thon if the act interfere with that, then it doos not doserve punish. | bo hsd in a few days, Lf ho could inaugurate ovor the pis donetn the preseuce of tho Judyes 3 Wharton, | Beat. If au act dono outside the court-roon haa that | Grand Jury a relyn of terror, would it not axtead to desire to say that tho fecliug of intense indignation Potty Witch he firet pot tine cargos hes eaurely was bewildered. He oponed hla mouth and smiled a ghastly emile; ho rubbed the ond of a mys mroelte eaniet tne Poot! of the | iia cano with nervous motions of lis hands, aud TEN DAYS 1M THK COUNTY JAIL. ‘The following is tho decision in full s On the 19th dust, an information was filed in this Gourt by tho State's Attornoy alleging that the defen ‘As to tho atiacka made fn the Zimes against the | looked askanco without spenting to his counsol, Tyre Ti Athdre Into the gees Sri i tendency then it 1a. contempt, Tho lena the probable | theYotit Jury then ahiiug in thts Court, and who might | Prosscuting Attorney of this Court, he hi only looked at one auothor at : ite Tinpune roportor here withdre Ceo eer ae eee acogeaed Im knteatoee | PE ac enaisy Gail futdhos we suail seo thot the | intesference the tesa the conten, the grestar the | be called to ny him?, Yet, mores uture Grant Ju- 4 , my hanies | fone feova he. Moangu that choy | a2lldall to permit, of, the prisoners bars | eked, nor does be nead, any dofonse at my hands, | ing, from tho only too apparent reason that thoy ing cases from day to day, ymbliabod of aud concernin; Aahe frequent investigations of his official eouduct by } fad nothing to say. A painful suspoenao follow. princlple enunciated by sua o Breeso in Btuart va, | Probable inteference the groater the contempt, ries could be taught by the expersance of this one not consultation with his lawyors regarding $b nes ‘The act done by the defendant muat bo judged of by | to ind mea, It x i Get Syd hal cc arya of | Bheteuta ly nino trator, aga i | qantas Zee usy apres | tee a Cur a lta fe | Grader ear alin a Zea | othe Dopaty Shae thommatven sa ewig | Pet tod ine al ho any Me Te seat ar cher ection, In tute paper, the Chicage Tames, | \ Diatop supe td Crisas Law, Bes at6) 7 t* According to | sacte of this cass that the defendant's gullt or Jono- | wero written, and {com thelr purport, that some or all | relations I have nover secu an act wich savored of | 0 know what to do in the matter, Deputy | woll.inown criminal lawyer, enter and more {x any slanderous and vituperalive articles calculatod | tho geuoral doctrine, any publication, whether vy | Conca must be deterniined, Of thee motives notusted the respondent fn tholr pub- | malfeasance or corruption, but T bavaseon duly al- | Hutchinson east an appealing glances at tho | Ward in tho direction of the cuge. 10 wis ¥P ta iinpedo, embarrass, of olntruct this Conrt in the ade | pai rangers, which concerns.e caso pending in | Dy dis answer Kcation, No other reasonable explanation can boyiven | ways faithfully performed, headless allke of flattery or | Judge, who had begun to prepare for tho transac- Bo court, and bas a tendency to projudice the public con~ Ue DEFENDANT WAS ADMITTED of the cause of the respondent, ‘Tho articles show that ped bya man who asked him, pointing to ‘i Toom tn which Mr, Storoy was immured, LY u wa not lookiug after his client, Trude a his Lead, and, with @ knowing nod toward th iron bara, romarked, ** Oh no, my boys are Bulnlstration of Justice, upon the Sling of which infor- nmistion a rule was ente: requirlug tho defendant to appear on of before Tuesday morning, the 23d iust,, aud sliow cause why be aboult not be punished for & contempt of Court tu publishing aald arlcles, lator frown, So much I hays thought it my duty to say of | tion of tho gonoral businogs of the Cotirt, os if recitcials of tain Coury heed i aye! ‘teen 60) aly, i asking ror soattuetlans iu the premises. Tho fe nitation of tis Court ts in ny keep! ite rt saw that # word way nocossary, aud go he Het ernd ef wy keeping, and I ought said, quiotly: cerning ita merita, aud to corrupt the administration | thathe authorized the publleation of all Uue Ibelous | they wera dosigued for the Grand Ju woll aa for of Juatlee, or which redects on the ¢ribunal or {ta pra- | articica act forth fn the {nformation, but gots up in bis | ‘he public, and respondent's counsel admitted upon ecedingy, or on the parties, the jurors, the itmouses, defouse that, after the four indictments wore found | stqument thet they referred to thelr eiticial action. or the counsel, may be vialted aa a cout against bim, be did not know or auspoct that any fur- | The oditor was publishing large daily oditions of his rogatious were at the sams time flod in this cause IN THE CASH OF WILSON, ther indictniouts would be returned, and dentes that | Paper. He hed w right ta expect, aud did LIBELOUS ATPACKS “SUR GUERITY WILL TARR CUSTODY OF THE ERIE | hero," for the defendant to wuuwer, eat stress waa laid upon the fact that the alloged | sald articles reforred to any complaint or charges then | exkect aud desire, that is ubould bo read | upon oni THE ABTICLES Roteniptuous langage wen “enloulated ta impeinte, pending agalnat him before tho Grand Jury,andde- | by the Gren’ Jurors the morning of ite pon It to go without ut least an cinphatic denial, If A MATILED NEMANHABLE FEATORE ER. the spectacie presonted 4 Mr. Goudy—If the Court plonso, the defond- ths apectacte presupted in te Court upon the mary | s.)'¢ysopta to tne order of the Court, aud prays thin Gourt ine body and sskod for ius protection | an appeal. I ak the Court to fix the amount of Sgalust ‘the Buelous sean of se ‘Times, as ono tho bond, nover bofore prosanter ry ory Oo! crican ‘Tho Court—Can you show me any law justi- Soret ts eer ners oter ta ee | lag an Farrag reer eA Heer ane He miltted upon the rights of Jurors. ag Bs, 'r. Goudy, this is now a erlminal ease. It ling Tdoubt whethor any city i the United States hes | 00 clomeut of acivilauit, Thoreiano fine, no bees the aeons of such ovente aa baye been transpiring | coats; it fe in no respect a civil sult. If you can in Ohicaga for tho pant fow weeks, A leading public } slow mo any law which jusites an appeal in a journal has beon persistently employed in striving | crim{nal suit, I will bo Bled to hoar 1t. to Mr. Goudy--I understand tho Supreme Court UNDENMINE THE PURLIO CONVIDENCE have docided in a case of contempt—it han not 4m the oficera and juries of the only Criminal Court | yet beon publisiod in tha volumo—the Good. exiating in the city, a court whose eficten 1d . destroy a in iat part frineytettey a rie Doneived willie caua—that an appeal could betaken, .That h ig the only authority I kuow of, ould Sean poveiow nud Rr aera peg we Court—Thore is uo publishod case of that of Delilah, + With the olticlenoy of thin Conrt destroyed, no home Mr. Goudy—The opinion, Your Honor, has oe sig woult ‘ve safe ay ferpcelge ati) and beon published fu tho faa Note, ra atid murderers would hold high carnival, No By G be eau! l. hie who baa nok eatin tia Court anduaa the brown | ie Gouty—Very woll, I inala. the actton, absolutely noceseary st ta to the safoty of our eltizons, | 82d lot the Court dispose of it ey it thinks prop- eapecialiy of Inte, when crime acoma to have taken «| fs new lease of life, No greater offense can he cominaltted ‘The Court—It Is overruled, bese ae Sunt stab anion iy hee OFn tonple Mr, Goudy—Thoen we except, an er own altar, at has been done = ¥ a! ii Epondeal i Tterence to ‘thle Court is nothing, eucepe fcaeee ‘fho Sheri will take charge of tho 80 fur as jt has ben Mr, Storey aroae with the intention of follow- ATTACK UPON THE ADMINISTRATION oF "i The Judge, Frososuting Attoruoy, aud Jurcre ot | 108 Doputy Morris, but Mr. Dexter orderod him of tho ciraumutanco of Mr. Storey's impritor mont was the fact that during tho long slit, noon hardly anybody. except ble lavycr a other employes called to seo him, in Tamuxe reporter, who awaited deve _ mienty in tho fall hall ail the aftornoos, (sit expocted to tind that tho prisoner would bere, the recipient of many well-intentioned calls ha ittenafe to sey that, boyoud tho Bhorit, i Jailer, one or two Deputy Shoriffa, and they! oner's iawyors and employes, nob alt » dueet pecnle come to tander their coxnimiserslionts ut of course it must be remormbered that OY Jail is on the North Bido, at toast soven block! moved from tho buxinoas centre of tho city. bs ad hse been agaorted by some, Mr. Storer i“ been courting his martyrdom, ho has 20 i mot with those viaits from sympathizers 4% | milrora, or those lettors of oncouragomou! fe nernlly chocr up the eulferer fur conscit cH —— THE SUPERSEDEAS, TUDOR M'ALLISTHR INTERVENED. ut. Immodiately after tho cominitmant of i Btoroy, Mr, Goudy went into the Clerk's 0 and, presenting the papors in the case 1 a Doyle, had them certified to, A Tare ‘wore eet forth at large in the information, and wore avyen in pimuber, pened: iu the Chicago Times of the i4ih, 23th, ohd 16th, inst, They were publtel soon after the defondaut fad been indicted by the Grand Jury upon four differont indictments, aud re- Iated to the action of the Grand Jury in finding the save, ‘The article publimedin tho imes of Sunday, the 1th inst, was entilled * Disroputable Vengeance, and contained, smong other statcments, the follow. Mt “ruta action on the part of, the Grand 2ury and the Btato’s Attorney 18 not In the {uteresta of Juntica or de- tency, but wholly. an the (aterest of the rascally elenuente that cuntrol the ety and county, Every indictinent ree durned by the Grand Jury last weok against the oditor bf the Tinea was a moan, pitiful sHfeuape at revenge Tor his effort to invite atteution to the true character of men into whose bande has fallen the routrol of local affuirs, ‘The inve sccepta Ynose indictments as such mean and pitiful attempt tonecure rayengo for (he expose of olficial iniquity, i accepts them as such, and herewith ‘notice to thu Btato's Attoruey and allotbers in whoso juterest thie attempt at private vengeance ts directed, that it pro- pores to carry the battls to the end,” «Inthe article of Monday, Maron 15, the following fauguage ocours: “ ‘The reault of tho trial of tis inn provea what the Times Las asi to-wit: Thatno manhaying moncy has been scut to Jolies from tho Criminal Court of Cook County, Just #0 soon as a Grand Jury of houorablo men can be gotten toguthor and can be fllaweds v2 Jnvorilgate abuses nate: ihe wuidance of sone lawyer sppuinted temporarily by dome Judge whose integrity--of Judge and wyure-are inbarrass, or obairict the Court inthe it lus that the arWiclos wore calculated to hinder, or im. | {#ue, Lo threatened thon ‘that the battle inaugu- of fastive.* It is true that that ae ae deel pode, or obstruct justice, or thst they were falee; but | rated by private ruaiice in the Grand Jury room will only by #inpjority of the Judgos, but the dlaseuting | On the contrary they were true aud published with be continucd,” What battle? The six or seven ar- Judges who wrote opluions iretuted not from the | good motives, and tse be bed na intention an coramitt clon Published for throe succesgivo days discloas ite low above declared, but acontermpt of court by their publication, but his on): Tries por seicle publsked in a ciatane city could notin ay Totive was Yo remove Obstacloa to to Just onfurce. | ‘Tble'ia not tho caso of an individaat merely appelate court directly or indirectly affect the adminis | mont of the laws, aud to compel honesty and fdelity SLEAKING DISHESPECTFULLY trations of justice, Justice Heott, in his dissenting | !u the performance of publio duty by {how holding | of Grénd Jurors out of thelr presency, Tt te not t! opliion, as well as Judge Thornton in his opinion in | publicomces, I isposa of this defense by say- | cite where Grand Jurors are cenatirod for their olfivial favor of the issuance of the attechment, treat tha caso dain the Supreme Court in the Wil~ | action oud the special malfeasance indicated, Dut it as ono of constructive contempt, Judge Scott Iu part fo be good, Judge MeAllster | {8a if a party defendant in sults then petiding in sleo baged Lis disacut upon theground that the exist | wing this language: “if the publication had the | court, having bad an adverse verdict from one jury, ing statute upon contempls might, by smplication, be | perulcious tendency which fs claimed fur it on benalf | and having other trials impending, should send threat. Tegarded as Hmitlu ‘power of tha Courts, Hoes- | of the poopie, it 1s Lelieved that no reapectable author. | etiing aud insulting letters to members of the jury In feria tho rights of the Courts to punish for contempt | Sty cau be found to the etfect that a dlzayawal of a bad | order to provent them from taking any hostile action committed iuthelr prescuce, Whst be meaue by the | intent amounts tos justification, It would be contra~ | syaiuat Lira, Hupposlg &® pereon indicted, and bay- worda "jn thelr presence” may be understood by bia | ry to the milo of law that every man must be presumed | ing reason to anticipate other indictments and « Teference to tho case of Stuart vs. ‘The People, Ito | teintend the uatural and nocossary consuqueuces of | upeedy triak before the Pett Jury then im- employs this significant langus #}e” (ue | bis awn deliberate acts.” Tho same learucd Judge neled, to have writtes abusive aud throatens casa of Wilson eb al.) {8 wallke the objectionable | further sald t ing loltera to tho Grand Jurors, | requesting Article in the case of Siuart va, The People, wich waa | | I Lavo sald that the construction of the article in | them also to proscuk such Wtterw to the Palit Jury published inthe elty when an important trial was | quealon waa matter of law fur the Court, Of the | then sitting jn court, and auch loticrs bad been fending befor the jury, aud which with some pro- | truth of this proposition there cau be nu doubt, But | sent, and oxbtoited according to bia roquest, Bhoulit Erioty could be sald % Le » coustructive contozapt | the Court ts bound to give {ta reasonable construction | there be any doubt, ia viow of all the suthoritica, that comiuitted in the presence of the Court.” Juslica | according tothe natural and common maak of the | bebad committed » gross, actual, and not construntive, Scott tu certainly not spoaking hero of actual prosouce, | lauguags employed, and when so coustrued the ques. | contompt of theCourt? There {5 no reapoctable toxt= Judge Urceso dissented, but wrote no opinion, ‘Ihe | tion wusther it contained a contempt which the Court | writer, ot apy reported caso to the contrary, And 1f law, therefore, as doclarsd by the Court in tho cosas of | 48 authorized to puuish by attacument muss be deter. | thet individual was s poor aud insignificant man, no Stuart vs, The Peopls, wae not dissented fram by any | mincd by the character of the publication and thecire paper and no person would coutend that his act’ did Of the Judges in the case of The People va, Wilaou ot | cumstances under which it was made.” ‘This ta appli. | not tend to obstruct the due administration of juatico, al,, and expreaaly recognized ag the law by ® majority | cable to the defendant's unswyr {nu this case, ‘quallyas | and shat he ought not tobe punubod for coatompe Court, ‘That law is, I again repeat, that “ Ait | ¢o Wilson's, snd Ls all that Deed be waid tu reference | Mow fer doos the act mentioned diger froin the act of acta calculated to tinpode, embarrass, or obstruct the | to it, the rospondent? Court In the adiniuistration of justica are necoesarily wo | iia papers are his printed letters, written to, avery d ‘To underatand the nature of the alleged offen: ter, who happoned to ba preseut, # Above suspicion, theny will the ime, in the name | Included "in the power of tHe Court t must unduratand who and what is assailed, Th reader, and especially written io this justaas thia Court are individually nothing to the public, bus | ¢0 resumo hie goat. Porter, Co] So ee ee eet te tat came | contenipts, ‘The lew aa above sisted io 'uct oats | Jury waa ia concious, sesuion, ta ths Gourt-Honee | for tue Jury, ‘They ere fo be pos by tie ‘Greed | when fiutice ccasea tobe duly ‘adminiatored the | Str. Hicaby--Your Honor fa awara the State's | hia intontlons, and recelrad fora sePlye T bf this latest development of the peculiar practices of | anuounced ef Biaboy the Supreme | froin day to day at the tle af the publication of the | Jurors who had jodlcted and might be catled upon | tights of the people are no longer secure, and their | Attorney notified us that going aftor s sapersedoas,” our Oriminal Gourt,” Court of Moots, ‘a sillrmed | articles in respondent's paper, ‘Though ine didarent | again to indict the respondent, in thelr Graud jay wronge must go unredressed, ‘The question in this ‘THE LIBEL OASES © What time do you utart?” mtiedrearic etre solo in tig rime ot | 8, fae fala, la aehe soy fteags | Lanne aaae nut rene arval is | Sore RiacattaeTy ona’ wae ™angl? lilt | cathe coabed Ca sauna taoreone ton | Merecomiag.un tc movroy Cesay) morsiog- | sf eapoat wave uel a ot ye 1e4 va fut leg 285 5 a our op on be x wi a 4 i 1 Fapecdally atrouy is the balief of the publio {nthe | 262; Dayard ol al. Ys, Paptngro, 3 Yeates, 408; People our park Meee Pinal Goal bk a coca ck | ayol ta try the fasea then ag the duckel for trek, | Patt of this Court which waa (be iooat vulnerable and | tHe cases upon mbich we took @ charige of vonta bot willy ‘That was all Bfr, Goudy had time to 667, another reportor, who caught him * oo ¢ wing,” bo added: ‘We iutend sppli0s Judge BfoAllistor, of the Supromo Court ra tit Tis underutood that Slr, Goudy left {ron ‘Milwaukee Dopot at the time atated, and, fe je off at Waukegan, wonded bis way to thed¥t rosldence, No oe appeared to know eo cs grounds upon which he based his applices iy virtue, the integrity, the purity of tho meu compoeing Use Grend Jury whitch hes just returned an indictment dgulnd.a, cil newapajer for publlahlug *ubsceue! wathr, The mea who bave douse this are ihemeelrce Iomaculate, Thefr sovial relations are of the higheat, And Whale private Hives are of the purest, Is is only ees mention & are nsmes io beled a. dena, irate Lueirstanding. are ‘Pred Erby, * Price, BR. ‘Chambers, W, H, Wachtel, Willisig Stan- + chester, Frauk Bhermian, ‘Jiu’ Urown, Walter Wil Tams, and J. Fitzgerald, Not ons of theas yeu- ys. Freer, 1 Caines’ Hep., 514; ‘Rox va, Clemeut, 4 5, 23; Littler v the least capable of solf-defonse,—its Juri Jast wook; aod he at the same time wtated that & A. Oawala’s caso, 1 Daltas, There was nu way by which they could be defended and the | se Judges would have # confercnce at which eltictoucy of this Guurt matntained, except by the use | 80me action would be taxon in roferenco to the of the only weapon of defense it posucesed,—the pro. | matter, Of courso it is important that we know ecoding for contompt, In none of the various ways} the rogult of that consultation, especially if our suggested by counsel upon arquiuent could any ado- | client ia golug to be iucurcerated quate defense be afforded, Before libel suita could ‘Tha Court—I may aay in re; ard to that th: be tried, the Court would bo without Grand Surors tu | 41.5 Siara'a Attorney eenl Bc ag that indict orimniuals or petit jurore to trythem, As I ie bd yy, & communication to hare said, theact of the defendant would have been | the Judges on Saturday in reference to that eub- punishes usable part, Without whose action no criminal | Those luttera were bots rphompso, 2 Weavan. 129; | could oven be put upon trial, It only could initlote TUREATENING AND ADUSIYE, ‘919; Holltugeworth vs, Duane, | auy crisalual proceeding. 1t was the motive-power in ‘They ware intinitely nore dangcroua to the admin- ‘Wallace, 0, O,, 17; U. 8. v8, Duane, Wallace, 0, 0,, 102, | the abeeuce of which all the other maclinury of | ietratton of justice than any private lottors, for they En the above case of The Poople ve, Froer, Justice {| the Criminal Coart was motionless and uscless, 1t waa | had all the effect of such Jotterv, while they also ine Kent suya: “Publications scandalizing the Court or | solutimately connected with the Court that wituesses | flioted upon the Jurora a presen Punlehment by do- fntendiug unduly to induence or overawe thelr delib- | bisuglt before it are aworn in what is called open Trading them in thoestimation of the public, infilct- erstious are odniwmpla wlich they are authorized to | court, (hough not necessarily in the presence of the | Ing turture upon tlele fanities, and perhaps auriouly poise by silachment, and, faded, it ie evsuntial to | Judge. U Bishop's Crim, Prac, 404, ‘Tne Graud Jurors | iujurivg their business, Iace not how an act, which, hele digalty of clutracicr, thelr’ ulllity, end sade- | wate for most purposes as eoriptolely under the euyey | if cownuultiod by en Lusignificant laborer, would be an pendence that they should as would be potit jurors in sceson | actual contempt, becomes a constructive act Lecauso possess sud exerciao this | vision of the Co without any public protest, fu the case of | ject; but wo wero so busy about other mattors | the supers mnly enawer obtaid Hocatu Dubber e record of te moat lofty character, | power,” Bishop again sys (3 Oriin, Law, Be, 34): ) in thete Jury-room, (hat, aud also b far groster offusse, bave been cowunaite | &8 inslgnlticant porgon, Could ft be allowed to go un Uisve'wan nok considered. "Tenn ey, though, | dug te general ne, _— Not che of tiem ty @ common drunkard. | "Looking attlus queation of contempt colnmitted by | _ If they misconduoted themsctves in the Grand Jury | tod by (he respuusitle editor of au influential Journal | DuBlahed Decause of tho without any hesitation, that the casas cannot bo * ERLOU IN THE RECORD" é Ne ove of them tae ‘sport’ ors bummer, Not | porsuns neltber attached to the Court nor tn fts | room, if guilty of drunkeuneas, or bribery, or personal | generally alrculated throughout,this olty, WEALTH AND POWER tried, sod will not be tried, at presont; that the | whether the juriudiotiun of the Court Cpe of then Lava bastardy case onbisbands; Notoue | proseuce, from ths polut of legal rosson, aa datin~ | buss of wach oltier wulle tm Geulon, they could ba | | Lees uot how any msn cau road these articloe and | of the defendant? tla the disgrace of our furispru- | Judges have, malo no order, and will make no | questioned is to. be ween, Bf them Seeye n cuetiird iuterest in a notorious pros | guished ‘from specio Adjudication, we can dis. | punlabed by the Court, Thay had ‘been ‘aumnmouad | coma to auy olber conclusion, in view of tue aurroand- | dence, » disarace more Keely fat by thot who mfuie- | order, that will compal tho trial of tho Wile avanier tore a * plonsantiy in 8 tute; and Hot one of then ss a potorione companion | corn nu difference between those attached,” | Iuto coust apd thelr attendance could bs anforced by | tog facta, than thet the editor of the Zsics desiguod | torat the altars of justice than by any other, that sat. cauen at ‘The evening wore away very P al ef atendoued wuinen aud a regular frequenfer of | aud those not attached, or Lelween porsons in the | Sue or iinprisonment, All their oMclal action was under to iuaugurate through theta e rely of terror ‘over | wealthy and powerful criminals go unwlupt of Justice, | P&gecut. " Jollor'a room. Mr, Storey was not Lrotbels, . , «, duch being the clarscter of the | preseuce of the tribunal and perwons absent, other | the soleinnity of anaath that “they will prosent the Grand and Petit Jurioa then tu scaalon, one of | while indigent and friendless offenders often recolve |. ME+ eaby—Will you be good enongh, Br. | ing in silence aver bia misfortune. ahaa Grand Jury now tu scssdon, ite indictinente oust ueces- | than arises from tho very different Sagrons of ablity | soa through malice, Latred, or illwlu, nor lowe any | which might be (and soon actually was) calléd upon | au excess of punlahineut, Should thors be no excop- | Reed, to notify ns whon there is auy cliango im | trary, he was jovial and good-norred, Dav p salty carey wi to otatruct the working of the judicial machinery | one unpresanted trough fekr, favor, oF roward, of for | sguin ta tudlot, and the oles to try the taguee of ack | Sion to this uulversd) rulat the programme? ‘The second ar contains this statement; “The by andivids of thoao didering classes { the bope or promise thareas 5 Se oy, Bre Us io all their precent under the pendiog Indictments, Gprpanions ‘orporation Connect pe cee For a Judge, appealed toss E bayo boon bytbeGrand | ais, Leod=Cortainly, vodell, and the Hou. B. G. Cs