The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-02-28
The JObsOn and Seely Contempt Case-Rs
port OF the Referee.
suPHkMx COURT.

The Jobson and Seely Contempt Case--Re-
port OF the Referee.
srPREMx COURT.
Before Hon JudgeAsherisud
FsB 27.-In Me,Mate,es TIE Alleged Contempt Of Fred
e,let L. Ssely and Dord w. Joao,-i, the undersigned
TO whom referred 10 take proofs in respect 10
said alleged contempt, and 10 report the 10 the
Court, With my opinion thereon,
Respectfully report that have been atteaded by the
several parties implicated, and their COUNSEL and have
heard their proofs ana allegations
That, regarding the proceeding summary one 10 it's
character, treated throughout and learning from
tho parties tina; further testimony would be accumu
iative only limited thu evidence 70 two witnesses
side, besides the testimony OF the parties, which
ceived by mutual consent. and md the follow tho
facts Of the case o. elected n ON the testimony
Frst-Thcre action or tina, before John n. Viii
ting, Esq, referee, In which Mr. Seey appeared rs
counsel tor one Of the parties and in which Mr. Joosons
Second--Ihat meeting before the referee day
shortly previous TO The 18th February some atercat!
had arisen between Mr Seey and Mr. Joeson giving rise
to Ill feeling between them.
Th:rd-1h.t Mr. Jobson had, to NJ, seeiy in psrsn and
to others (Which reported to Mr. Sc iyl threatened
to inflct personal violence on M scely
Fourth-Thst Mr. Jobson had attended the meeting OF
the referee said 18th Of February and tho previous
day OF hearing, armed with riding whip, which II
not usual tor MIN 10 carry with him.
FuthIha in consequence of this fact, and Of said job
violence his next meeting and had accordingly required
the attendance Of the police two OF whom present
al the hearing and inteered in due time TO arrest the
parties.
stxb--rnat while the hearing duly proceeding DO.
noe before sm he scSe Of Mr. o,soc az bs feow
this man, at the same time pointing towards him with
his hand.
terrupted him arose from h. Seat an0 raising he whip in
hs hand, with tho butt of uppermost, in violent and
unbecomDg called upon the referee Tor protection
against Mr. Seey not calling MIN by name, but calling
him, agreed all hands "ths shyster, this peiog
ger" and adding as two Of the wtnesses testify " this
Eghh-Ihs; without waiting TO the referee would
afford him tie protection be called for Mr. Jooson turned
toward Mr. Seeiy with his whip rpraised ia threatening
manner, advanced towards him two PAGES aod
struck at Mr. Seely with,he butt end OF ;.e waip
Nnth-That Mr. Seeiy wnrded of tbs blow partly with
his les arm but SO entirely that the whip struck
him on the cheek, leaving slight mark Of the blow.
Tentb-Ths. Mr. Seey therespo1 wrenehed the whip
from Mr.. Jobson' hand and threw II upon the floor.
EeveD,h-That Immediately upon doing 80 Mr. seely
ST. uck Mr. Jobscn blow with his fist which caused Mr.
Jobson 10 reel backward when he seized by the po
oemen present end borne from the ROOM aud then the
ARRAY ended.
Upon these facts am CT opinion
1. That a con;smp. OF court has boon committed BY
these parties in their "dsorderiy behavior committed
presence, directly tending to interrupt
III proceedrgs and to impair the respect due TO It's au-
tbory, and in breaeh OF the peace noise and other
disturbance, directly tending to Interrupt the proceed
iDgs Of the Court coming within tie provisions OF the
Revised Statutes OR 8, 27s sec io, aud punishable
~ such ey ane or imprisonment
z am o, opinion that Mr. Seely participation n such
ccrempt consists in this thst although he would h JUS
t1sble in using much violence wcld be necessary
Tepe the ssssat OF Mr. Jobaon, yet he fully exercised
that right when ne warded OF the blow aimed at him md
wres,ed the whip from Mr. Jobsona hand and be ven;
| beyond that right when ne followed up by himself
striking Mr. Jobson blow, and was IN that act that hs
conduct became discrdery and was . contempt
Seey, tst olepoe had been threatened, and that ho
though, the weapon used had knife concealed I'M and
tia, the ezccmen: of the ARRAY nc did not pause until
he had disabled MS adversary and d:d not Deem safe or
prude.t o. do so.
Nor do overlook on the other hand the consideration
that having reason 70 apprehend VOL nee he ought 70
have sbsaned from the Of all isnruage calculated To
Increase or continue me angry feelings alfesay ess,ng
contempt consists IN thx:-
In the rude and ofenfive in which he had al
dressed the referee under color OF asking n protection
and in the offensive in which, while doing so, he
raised and gcsiiculaieo With the whip
In the tpthets which he applied 70 the counsel, which
were manesty the ebuiiion OF his anger, and cal
oula;ed TO provoke breach OF the peace.
In striking Hr Scely blow which was In aspect Of
the self defence In any respect necessary.
While thus expressing my opinion, as required by the
order OF reference am happy IN being tue instrument OF
having been led into breach OF good order In the adj
minstra,on Of justice.
Mr Jobscn regrets tina, the violence occurred in the
presence # the particular individual who WA sitting ~
referee and IN the trial Of a suit
Mr. seeiy while ne nsists that ne did not do, and did
intend 10 any than absolutely necessary
for self defence yet deeply regrets the Circumstances
which npeled him to breach Of that decoroos ard or
derby depoftmeut 80 mpefstively demanded by every
member Of the profession while engaged IN tho admins
traton Of Justice
Ami 10 conclusion add M a fac, calculated 10 have
weight with the Court in forming its Judgment that Mr.
Jobson throughout the whole rocecdng was very much
excited while Nr scely was comparatively cool aad
collected, and tic act tal Il is evident thai Mr. seely
had oesgn when Be went 10 the hearing before the
referee "a pcrpe,rae suy violence while there is mnch
reason 70 believe that TT. Jobson bad.
J. ". EDNOSDs, Referee.
NV York, Feb. ~, 1855.
Mr. Scnermerhorn applied to Judge Suth srsnd 10 send
tie report back TO The referee u Vas one nded and
partial.
The Judge wor'i no, permit any reflections the
feree, who dc, Of Tie court.
Mr. n al tina, the report should be sent
back incomplete the referee should append he tesmo
ny hts report He also moved the ground that tns
testimony Of Mr.. Whiting che former refeeel wss mate
rial for Mr. Jobsor and Judge Etmonds refused 70 adj
journ the until bis attendance could be obtsnet
Judge sutherland desired counsel to put hs motion ~
the shape Of adavt, and he would hear him ~ hall
pas, two O'Clock.
formed the Court Mr.. Whiting Of town, and
will be for some time. He was actually out OF town
when the notice requiring his attendance witness be
fore Judge Edmonds was served
Nr Clinton had only 10 say, the part Of Mr Seely,
that he bad no objection to the confirmation OF Judge
Mr Schermerhorn then read his sdsvit stating that
the referee Judge EdmOnds had refused TO postpone the
inquiry applics'i Of Jobsons counsel, Who deemed
the evidence OF ~ Whiting important Tho afndayi
also states that the report Of the referee Judge Bimonds
wholly u1wssb,ed BY The testimony and he asks that
the report nc sen, back and the referee directed
examine John " Whiting Esq, "a a witness and transmit
TO Ibis Court the whole Of the testimony taken before him
Nr obson read h. affidavit 10 the effect, and
Lodging the substance of his obsons testimony before
Judge ftmcnds, on Che previous evening
w
fore Judge Edmonds.
Nr Clinton moved that these atndsvits be placed
file
In answer 10 the Court Mr. Schermerhorn said that the
grounds Of hs ooh 20 refer back tha the referee
wronsfaIy refused adjournment for Mr. Writings
testimony that the report is contrary 10 the evidence,
and that the referee shoud have appended che Testimony
taken bis report Counsel then reviewed the testimony,
went the whole Of tie fracss alleging that NJ.
Seely proved to be the sggrcs He also conteniod
the Court had power to punhthat the referee should
punish FOR the contempt before him.
The Judge ssd he would take the papers and II in hs
rover, he wcIld protect the Court ard referee also.
there doubt the Court hid power Mr. Seey,
but understood that Mr. Jobscn not attorney Of
the court the question whether the referee should
| punish him.
Superior Court General Term.
Prsscn'--Bon. Judges Bossosth, Hoffman, Slosson,
Woodruff and Picfrepont
FtB. 2T-John 1oughrsn ct al John Orser, Sheriff
| Order Affirmed, with DO costs
George Fielding John 7. Mills 81 al-Jadgmeni mo