Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-07-13
NasbbiIIs anion anS 5msritsn.
An Escillng Episode in Court---A Law


yer sent to JaiI for Contempt.
The Memphis Eosniag Argus OF the 9th gives the
fOllowing version of an exciting episode in the
Criminal Court in that city.
During The progress Of the Mcdowell murder case
in the Grimm Il Count yesterday afternoon, the hsr
m5ny of the proceedings was di turbed Dy an IN
usual incident L. N. Yerger, Esq, one of the
counsel for defense, was erOss-exam ming witness
when Judge Mekiernan told the witness to stand
aside
Mr. Yerger-I have net yet finished the eross-ex-
animation, and if the Court please, desire to ask
the witness hew long he has known Mcdowell
The Court-You need not answer the question,
Witness siand aside.
Mr. Yerger-I insist upon an answer to my ques-
tion 1cilI crOss-examine the witness, for it is my
right.
The COurt---Mr. Clerk, you will enter fac of hf-
ty dollars against Mr.. YsEgsr for contempt of Court
Mr.. Yelger-You can fine me thousan dollars,
but you cannot convince me that have not right
to orOss-examine the witness.
The Court-Mr Sheriff, ycu will take Mr. Yerger
to Jail for one hour.
Mr. Yerger-I desire to write my exception to the
ruling Of the Court before CO. aud will not go un
I'll have done SO.
The COurt-Mr- Sheriff. you will take Mr.. Yerger
tojai for one month, at ohse.
Mr. Yerger quietly submitted TO the command of
Swan and others taken to Jail. His release was
soon after effected, but in what manner we not
advised. Other members of the bar were also fined
in the meantime for contempt, when the Court ad-
journed fer the day.
This morning, after Court vas called, deputy
was despatched for Mr.. Yerger, who was brought
into Court, when business was proceeded with as
usual.
It seems that Aitnney General SALE aud E. W..
NJ. king, Esq, became involved in the affair, and
we're each fned twenty-five doll4rs.
Judge MCKIERNAN is becoming somewhat famozs
for the manner in which he maintains the dignity of
the Bench. At the preceding term Of the Criminal
Court ;hs ordered juror to Jail six months, be-
eVe for refusing to take the usual oath because he
was cOnscentiOusly opposed to capital punishment,
and the crime Of the prisoner be to try if guilty
involved that penalty. He may have been right
then though we thought him wrong, upon the ground
that no man should be forced by court of Justice to
do violence to his conscience.
If the facts in this case be as they stated by
the Argus We think Judge McKIERNAH has ezercis-
ed his authority in quite an arbitrary msnner- An
attorney unquestionaby has the right TO elicit every
fact from witness put upon the stand that may
be of any Advantage his client, and the Judge
tainly should not even if he has the power nerpose
his authority to prevent full and fair statement Of
what the witness knows We cannot think the cause
of justice will derive any especial advantage from
the course Judge MCKIsRNAN has pursued in this
case. Mr.. YERGER may be in the wrong We only
speak of the case as presented BY the paper from
which we have extracted The Memphis Enquirer
of the 10th says: "Mr. YERsER has many friends
who strongly sympsthise with him ia his misfortune,
while Judge MCKIERSAS is supported in his action
by large portion of the community, who declare
that the dignity of tbs bench should be maintained
at all times, and under all circumstances"