New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-04-21
BuHE TRHnyNE CoNTEMPTv CASE
COURT Ga OYER AND TERMINER.-APRIL CO.,
Before Judge BARNARD.

Before Judge Barnard.
Aver some preliminary business had been dis
charged, Judge Barnard said: believe, Nr. Hall that
Al attachment ordered Friday last to be issued
to some individual whose name is with the Clerk of this
Court should like to see if any dispositions to be
made Of it.
Mr.. Hall interchangeable order is this:
THE ORDER TO SHOW CAUSE.
At Court of Oyer and lenpner hclen In and for the
Cy Friday the fifteenth day OF Arr in the of our
Lord one thousand eight hundred ard sixty present
Supreme Court Justice Of the oyer end Terminer
Ordered That aGaie sI s9s s 2,
before this Court Wednesday Forming next the goth inst
O'clock why he should not be proceeded against for
contempt in The publication e ia,e and grossly Inaccurate
report the proceeding IN his Cont III the issue OF Thurs
day. the 18th Of April, 1861, Of said newPspe IN. NEW
YORK TRIBUNE in article entitled and headed; Judi
L i. further ordered h copy Of this order and copy Of
said newspaper. THIS NEW oRK TRIBUNE" containing
said article, Dc served upon said Horace Greeley
HENRY vASDxRyOoRr, Clerk.
The return Is thus:
certify that the 18th day Of April 1884, at tie CRY Of
New served Horace Greeley the individual en'
toned in the within copy OF ods the original order OF
the within copy, by delivering to and leaving tne sa
COW with the sid Horace Greeley personally AZ ire same
time LEI. with hn copy Of fHE NEW oEk DAILY RIbUss
OF April H. 1904 containing article entitled and beaded
'"''''' ''''S' '''" V JANE, LYNCH, Sheriff:
RILEY, Deputy"
The Clerk called for Horace Greeley to appear
Wherepon Mr. l. r. Williams and said: May 1t
please the Court have received from Mr. Greeley
copy of tho order which has lust been reeited by the
District ttorney. Your honor will permit mo TO say
that having serious doubts 10 the jurisdiction OBJ
tanned in these proceedings Of the person of Mr. Greeley
did not for that reason think ii my duty as On officer
Of this Court advise that the order for that reason De
disreQarded but have deemed II due TO the respect
owe n the Court 20 appear upon the return OF IT, ana
take the objection to yOnr HOnors jurisdiction anu
move as now do with your HOnors permission tnat
the order De- set aside and vacated. base TINS motion
mon the ground that no Jurisdiction has been obtained
over the person of Nj Greeley by TINS hhl shou
enable your Honor TO take the proceeding now benllns
before you have mnde careful inquiries LOT aidaylts
or other proofs upon which this order was founded NO
such afidavits or proofs have been served and, am
CORRECTLY info<med none whatever have been made or
filed II wrong in this regard, however the learned
District ttOrney will now correct mo- .
There hen being 10 proof that Nj 6reeley IS either
the editor publisher Of the newspaper IN question
and proof Of the writing or publishing by him OF inc
article complained of-no proof OF any knowledge on
bis part touching the writing OF publishing OF that ar
toe-I submit TO your Honor that Jurisdiction has
been acquired over this matter By the Court
There are other objections think equally important
going 10 the question Of Jurisdiction which forbear 70
MENTION it may be claimed in respect TO them, that
they within the judicial cosnzance OF the Court
in reference TO that Of contempts which II SAID
the Court punish upon view, IL VIII not be Claimed
By my learned friend ihe District Attorney that the
Court can take judicial notice that Mr. Greeley Is ether
the editor or publisher of The TRIBUNE newspaper;
and especially. in q case OF criminal contempt u
will not be claimed that the Court viii take judicial
notice that MI Greeley had any knowledge OF or par
tcipaton In an act which. If committed, would be
criminal in its nature and expose him not only TO pun
ishment for contempt but TO an Indictment Tor MS
demeanOr.
punsh as for contempt act done IN It's presence
il may take judicial notice Of the truth or lastly OF
published report Of It's proceedngs-but De!ohu lnat II
cannot be reasonably pretended that Court can go.
have therefore thought IL right most respectfully 20
submit tho point your Honors consideration and a.
thai Tine order show he discharged and Yacated
This motion Is clearly competent, submit 10 Your
Honor hy analogy with proceedings in civil cases OF a
similar character If order TO show cause be granted
by Court without affidavit. or upon an insufficient
affidavit; the Court would, no doubt on apphcatoh SET
il aside Such would also be the practice IN proceed.
ing TO hold to bail, order OF arrest process OF
attachment In case like the present. where the order
neither rectcs nor refers 20 any adayits or proofs
where the order simply charges rather recite ~ II
Il were assumed Horace Greeley Editor and Propri-
etoT " a daily newspaper called LIE NEW Aokk
TRIBUNE" 1t is clearly competent In the absense OF
any proof 20 substantato such allegation OF nj TO
10 set aside the order as not founded upon any
proof
beg TO say to your Honor that do not wish to take
any merely technical objection, nor do wish TO mako
any factous opposition TO whatever your Honor may
think right as touching these proceedings the di.ni-
~ Of the Court. But deem the point now present so
important as q legal principle that have not thought
il right TO omit 10 press upon your Honors cohsdera
ton
Mr.. Hal-Your Honor requested me. since the ad
jounmeni Of the Court 10 act as dlcus eHrs or conn
sci In the matter. presume the gentlemans motion
BE- premature. understand the practice 10 De- upon
the response Of the party whether by voluntary appear
in person by his attorney as IL this case or py
not Appearing but being brought in under attachment
for the Court 10 file nerrOgs which are 10 DC
served the party and he is then 10 answer or deciho
to answer. He may then decline 10 answer upon tAe
ground that there is jurisdiction acquired toI the pro
ceoding suppose that not uat these lteroSa'orle5
are filed and served, would motion OF TINS AIlI
legitmaely up and then the matter may be heard
upon is entire merits. When | was in oitce before
lad occasion twice at the request OF judges, once al
General Term al nsi prus TO act upon proceed
ING of this nature That the practice then setuedi
as also appears from the papers tlej and consulted
yesterday by the pOteness OF tho eerE one Oh those
causcs therefore submit IN 0ro eoHscteHfs 10 your
Homer that this motion. whatever may be its merits
and dement's premature aud that the proper course
woud be for your Honor file interrogatores and when
thew are served and tho return day Las come thea the
whole matter can be examined.
Mr.. Williams-Permit me 10 say, In reply 10 my
learned friend that the proceedings here instituted
under the 9th subdivision OF the 10th section OF title
chapter part Of the Revised Statutes, which title
for the punishment OF contemps IN cases other
than in civil acti0ns-what are strictly called "crm-
inal contemps"-and for which party may also be in
Diced for misdemeanor. That subdivision provides
the punishment, rs for contempt for " the publication
OF false grossly inaccurate report Of It's proceedings
The order Ia show recltes this oense h1c urba
and charges other This statute makes provisions
for filing intcrrogaogies 1t is entirely another and
diff statute which provides for the examination Of
the party on interrogaory. Such examination can be
had only In civil and then only provided for IN
the 18th section OF that act when the party charged
brought into court on attachment.
What practice ought to obtain in a OF this kind.
leave 10 my learned friend 10 designate. IL Is certainly
not my duty 20 point It out.
Iobseryed, your Honor that when abiding TO this
order YOU called IL an attachment. Your Honor has
observed that It is merely order 10 show cause Ii
1,u,ra f,r