New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-04-28
THE TRInUyR CONTEMPT CASE.
Deci,iou OF Judge Marvin on Fiof'on fot
W.T. Of Prohibition.

| Motion mat 4 VIII or WohlDlLlou lf'H0 w 0
Court. n. Wililms for The motion.
MARVIN, Ut represented in the proposed VIM ha' ''s
sid Court Of Oyer aud TerniHer the l+tn day oil Ap
1864 made an order recurring the relator described as ed"r
and proprietor OF the DAILY NEW oHK TRIBUNE to sho"
c.nsr before the Court "Wednesday morning Tue IVh u
Of said month why the said ror should not be pfoeeteu
aga!ns for contempt in publication OF false and grossly
Inaccurate report Of the proceedings ia said Court IN Tue 's"
of the 4h April II il further represented that it did not
appear 10y the order that the same was iound'd upon
any cfidlyit OF aihdays upon any sworn testimony
whatever; that the rclrtor on the said lith
day II April the editor or proprietor Of the said
TRIBUNE, that he wrote or published or know 'r
was cognzaut of the writing publishing OF the sad report
OF the proceedings Of the said Court, ard tt no 'dv or
copy testimony thereof was served upon the
rela.o together with order 10 show or sug time
before since II is also rrerncd the said Court OF oyer
1ad Termner the said day of April moved r AID or
behsfo the reator that tie order 10 show should be
then and there vacated and dire sed, p ground thot tie
Court had acquired jurisdiction II the person OF tie reaor,
By did appear the face Of the order to
show that the same was founded upon AFFIDAVIT OF
testimony. aud that e order to show cause was Tor
such irregular and void that the Cont OF oyer and Ter
miner I'D decline and refuse to Erar the said motion, on the
ground shat tie Ieaor Pe.ent ia Cont, and that the
motion premature and did then AMI there deny the mo-
ton 10, cause said and did teroupon makea further
order and by aud ia il wrongy ard IN acso and ret"
that rc1toT had th aud there appeared b. his counsel
upon tie order show cusc and did then maze order
qLlg rraior being accused Of cd criminal contempt
CERTAIN orogatoes In the order set forth and tat
the resor have until Monday the 25h day of April instant
t. e answers thereto and be- then heard in the Count in de-
Tense a. tie acrua,ion that he published, Sc. The repre-
the writ proceed 20 show the grievances Il the
rros the Substance brag as hos above sppcaIcl 10 WIT
that aa order show made without y accusation
b. affidavit Testimony, snd that he of-cs 10 answer
.tocs couaied end rec.'ei wrongly AID IN eiror tie
Appearance Of tie rsioT by counsel and that he Court was
about 20 proceed i nr Ito occ1s;iou and require
.nswca 90 b. altn 10 charges and accusation made by tho
C5ur 4 an offence inai-tlb.- as loT -.saen,an9r
Ilc prrr tie ia the usual torn to prohibit any
aeor I'm the PREMISE by the Cont until Sc ar4 Sna made
r.tuuabc at the nc1t General Tenn II tis Court, &C.
The AFFIDAVIT Of John G. Shaw va. presented uP the
don col'sinug copy al the olrr TO show served
ar.u the r,or aui sn account Of the ,cll.5 p. Zee
Co.t ora tie r.lru d ~ aid order does Mt aIpear IL
'hc order by way Of recital or orrwsc that was founded
upal fJly oiA,. ~l.en e llmouy Il appear from ihr
n, sv that 81 Win ~. moved tie C-u-l that the order lie
discharged end y''a'l On s ,l3al! L. 30 .d.c,i.n had
been obtained Of The i.ou Of the ror "by reason q tne
ia..ucc of such testimony -f5gsl' The atIy..
bad previously stated that Ae was informed aud believed shat
.a,, the rpy o. any 0s ohc. worn testimony "
s,rv, upon the rc to.'har with fc order 70 show
or at any time 1coI- ac Ao s,ryicr of ID osdol thu
& lue o. seen that the sav,nru OF NE compliant +, hi he
olcr show furnished cid,nce tha wa founded
upon siLil,t OF sw ~ testimony.
D. -als-J 10 Boz f,pre.orsiu-t ia tTuth no wi
I-r y. affidavit = Otherwise L.d been furnished 70 the
Col upon which proceeded in making tho order Uuies
e. ~ inferred from She farm Of the motion 10 yare,c he
ori.f t- by Shaw thai It the language used by tLo
cg.lse, n..l.n- the motion In the po2o-sA writ r"ple-
..l.,d to-. to CoHr moved !oT and ia hl OF ;hr To-
. ord. be
on ,h -roa'l t..i tho Court he'd r.d jlc..oa Of
u ,r 9u OF tlc fei'cr by tha; It Oh not appear
Tue Go- % your said order show csgr, that "a" Same
fo.aied uI0l any such aaiss.: or alhd4.ts OF /
upon any such sworn e.timouy azores ANA
ua, for slsh i irregular and VOID. It |
r the matter ErpT ortrd l.d aIJrH Ia the wit t. /
vLh sus~ef to be- made and such matter be- sufi-
cirn Jr,iy 'hr n'ins ofte W.T.. Tho p,il. th.n H.
dat cid rraT he order to show that It was
founded saday; testimony aud no copy
OF such affidavit, &C. served upon tho rolator This
Court BOT informed by he r sion given 60 the wit lot
de- order Wa u4dl 30 tAo absence q any sG.it of .wou
Testimony. = such evidence n-r-.-ify give he Court
uusd.on. and n sc;la, furnished the order a1prc.
bend, would b. valid e.. lri e dii 10. rcr7 that such
evidence had been presented tho Court Tho usual prac
use undoubtedly 90 rrT 10y ynyof recital 10 tic evidence
upon which orders 4 Court founded.
Bu, The uFsdeton Of the Court be rade d-pcui
upon the recital Of such e,lru,e tie emission 10 refer 'oSt
10 tho order. But Il i clear assuming that The order
made IN tlc absence o. any affidavit other written or
testimony That the Court hsd Jurisdiction. The
uoceedngi the containing Provisions
ccnf Courts Of Record their process Ind preceding
H. 5, 2;8
by the 10th section Colr Of Record power punish
10. criminal contempt persons guilty Of certain acts -pec
ned, Of which committed during tho rug OF
the On Il, immediate view and presence tending 10 ia
ieuup q proceedings or to pa' the resPe,; due To 10
t,uy. The Cth subdyon Of the section embraces the
publication false grossly inaccurate report Of IL
proceedings"
The 18th section ia "Concnpts committed in The nmcdl
view aud persHcc o. the Court may be- punished
ry in other 10. party charged shall be notified Of the
accusation, and have reasonable time to make hi' defense
THO ale ed eoncmp, in question under to last clause
Of this section.
The party ci4.gcd shall be ao'us,4 Of the deca-it0a and
shs have reasonable time to make his defense The statute
dos require that the eais ,hl DO mad, upon Affidavit u
otDsr testimony The charge msy undoubtedly be made
by Court 1t il alleged that ih, c4se and the
barge il clearly Ia the order to show cause, and
tu.o appointed Tor showing cause, end tho r,ll,9r
duly notified OF tho nc-usa'n, and opportunity given
to him 70 uako his desr-r and epYea by TIE Pcops j.
Van Wyck Gaines r. 49, that the party charged may app,
by his counsel and make bis defense. It Is an
Tie jurisdiction Of the Court to max, the order show cause
depends upon the presentation Of adlys or other evidence
slbatautlo tho charge The order the charge
And appr' bend that in practice, such violence will rarely be
furnished h l. not made The duty Of any officer connected
with the administration o. justice, other person to
make charges aecussons Of facts constituting criminal
trnpi. T. duty impo,eI upon all Court, preserve order
Court anl to it hat it. proceedings not interrupted
hat the respect sid authority due to the Court not