The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-03-26

IRON thu Nau CIlsans Pinnuuna March LII

=
Invssssansns Of an o. .. Senator sbr csa-
tempt OF Court.
-, From the New orlesns P'csyune March II
a, nrss District Court ye'tsra. Presented csls
the opinion which known would DO given in rsls
ton to contempt OF court alleged to have been oon
United BY the Hon Pierre Soul- on the preceding day,
In the case Of the State vs Carter alias Manly
Judge McHspry, after the opening Of the court, de-
hysred the following opinion In substance:-
The court had not the slightest difficulty Ia inter
preting the offensive expressions Of Mr. Soue, but 1t
Of the statute During the of the witness
Carter ON the trial of Maay the day before the
sei io the prisoner had objected to wtae,ss answer
ing certain Questions on the ground that the evidence
could be merely hearssy. The objections urged by the
prisoners counsel were answered by the Attorney
General and the court decided that thu question might
be put, provided 1t afterwards ascsrained whsner
tho witness had any knowledge Of the fact The dso
the counsel for the defendant court had hoped
that its decision would hsvs been saisfxctory bill of
did not state I'll. facts as thew h.S In hus
misststing tho facts the counsel had couformed
ter The wtnss, afterwards admitted that he had pos
sessed knowledge Of the fact which
bis testimony When this occurred the court
that the bill OF exec ptions ssary-that, in
going to the court above would place the in
fass position and the court therefore ordered the clerk
not to 6- or sign the bill Of exceptions.
Was the court in In ordering the bill not to be
signed? The court considers that has perfect right
contain? By the decision of the court the evidence
objected to has been excluded and the court would
every IMPARTIAL lawyer s asd not right to act as it
counsel for the insisted uing the ques
ton The court informed the counsel that its decision
had already been given and ordered Mr. Soue to take
his seat Mr. soue having refused TO comply with this
order the court doomed it to interpose the
police regulations of the court in enforce com
pance Upon taking his seat, counsel fixed his eyes
sernly and fxedy in the eyes Of the court evidently
s.u h
counsel " Does counsel intend to look the court out
OF countenauos :" " Did you intend dsrespsct to the
hv tho Irnkv cd To hSnb
counsel answered. The court ordered the clerk
fills my bill of exceptions. arose to address the court
court discovered 1t looking at with the
preston had imputed to me In this thsre is
gross than the attempt to browbest snd look person
down. except laying violent hands upon him. This
you'd never es STy ., su am 81"
be offered to it, The counsel for prisoner In addressing
jury in the course OF his remarks spoke
to the jury concerning the incident which had occurred
between himself and the court The court told counsel
that It improper to discuss the matter with the jury
Mr. Soue said that he intended to leave the subject but
the court discovered that such not his ntsn
ton
The court then propounded the following questions
Did you intend, by your remarks, when the court in
rmed you that unnecessary to discuss the mat
ter With the jury any disrespect 10 the cou!t?" To
which the replied my language is clear and
explicit. The words made of to the jury the
candid expression of my sentiments. have no hing to
do Justice to his client under the existing state of
things in this court" 1t would that the counsel
sders the court has power defend itself against
any insults he may offer it 1t is true tbs court has
it must therefore rely upon sense right to
p otect itself The court Afterwards asked ME- soge
to IL.
remarks made b. me In order that 1t might be
known how members Of the bar are treated In this
court" II has been stated that more occurrences of
this kind take place In this court than in apy other It
trus that in two instances the court has found
necessary punish members of tho bar for contempt
but it through unkud feeling, but to vindicate
oe right and honor OF the court There are more causes
here life and liberty at stake 1t base and un-
founded uDjusihsele csumny to say that he had ever
treated any member Of the bar in unsentlsmanIy
MIR Soule should review his acts in this court
and reflect whether he has Away treated with respect
and decorum. In the words Of Blackstone, ut would be
unhappy for prisoner to intrust his to such
h auds."
therefore required the opinion Of the Attorney General
bat the had relieved the Attorney General from
acts u viii rss Mr. Soul. in prsss1 thu 2.
as it would other person, for member of
he bar from the highest to the low est from the hum
best to the most exalted has treated this court
with such uniform disrespect as Mr. Pierre Souleno
not one The Supreme Court in the Of the State
Soule, hiss decided what should be the mode Of pro-
lure. The court then went to give the Law upon
.as subject of contsps Of court and said that
ing the public press Mt his command. the court must
appeal to its OWN conscience to support t.
The court is Of opinion that two conempts have been
committed First. in the counsel refusing TO take his
ssa when drected and second by the of offensive
remarks The court cannot express any regret at the
u rasant duty which ii is about TO perform The
court sentences Mr.. Pierre Souls for contempt of
court t. twenty four hours imprisonment In tho parish
son to pay fine Of 500, and to remain In prison
Ill the fine is psid-the court being willing to
siier that only contempt has been committed.
Mr. Soulc here rose and attempted to speak but the
J dige ordered him to take his seat.
Mr. SoULE-It is the first time that man has ever
bsen condemned without hearing. should have had
much to say
CouRr-Will Mr. souls take his seat?
MIR SovLE-l shall go to the Sheriff and there will be
no necessity for my taking my seat.
Mr. Soue then delivered himself to the custody Of
thu Sheriff, and was conducted out of court
la addit on to the above, the Delta says:-The ell O.
qrent counsellor and Senator took the Of GAL
ut Sheriff. and escorted, amid crowd of friends
TO . cab in which Ia borne TO the parish prison,
where he afterwards held ievee thron that OF
res dent Polk on New Years day.