New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-04-29
TIE TRIBUNE CONTEMPT CASE.

The officers Of he law are followed N lhe Pupi'
prints aud charged tn oncises tiht Lau 10 ,o- =. /
non. that IL would be almost Impossible fo' Jury ~
s,- INTO Court presided over by one WI" hhd ior ss
,eays been on tue Bench three years as kecoruer a
fh,To wears W. this Court af,cr reading what vas
M The papers and expect Justice 70 be administered
I'D core 70 such length that after consnatI. VT 81
.one of the Judges and aumbeI oil PiOHIUohs 80 n
,osr community, II has been deemed advisable "a rS;r
81 rr,rrnaIie ON " edreedav next against the Ediol
and Proprietor Of THE EEw-NOEK iRibV NJ !" non
.auee " by they should not We punished as ~ h CON
scmp' for the atrOcious false ana Iano1 ;iSJrswe,
Named in Thursday : paper II regaiu 10 'i'
Of "A juror IA capital case.
On wednesday, April 20 AFTER some pfeh'"aiy
business he'd been discharged, Judge barnaF" sd'u;
1 beiiesp Mr.. Hall that ali attachment "ss orucl'u
Q. F,s4ay l.st 10 He issued 10 some individual whos"
name e, with The CLERK Of this Court Should Ike U"
zee am dispce-ton is TO Ia made OF H.
A., HsH ps,rict Attorncy)-The order is tits
TIE ORDER TO SHOW CAUSE
o,t ~ oyer ami Tcrninot holden in and for ~ City
I'D Co,rtv al New. Yogs the City Hail Of tie sad Cych
Eay ih Il ecuth Jay April in the year Of orI Lord ore
% nd i'd huurcd snd sixty four present the ttonorss'e
s1eor,c o. RarlGrd oVe Of tue Justices o1 the Sri'e ''
Ite,t MAJ o1sce Greeley Editor and Proprietor Of a
saly ucyyaper csi~d "NEv-l DIX rRIHUSf how canse
.corc IN; Cont " eduesdly morning next the .o'i INST
cat e,v, clock ATTY he should no, be proceeded against Tor
coutcupt the publication OF tse and grossly iDcT1iae
report the edins m tins Court IN cue ssuT Of
Say thu l4th of April, Sol, Of s,d new'pape IHt NV"
Yoss TRIBUNE an article entitled and headed a '"or
~ irtscr o,d4ea tina; coTy Of his order and copy Of
Bfv. y
--s,d srticIe b., =eryed On sid Horace Greeley.
IIsxR7 v.SDiKvcoRr, Ciers
The rctuTn is this:
81 ~v Int ON ,e 18th dsy of April 1885, a. te City of
New York served Horace Greeley. TIE individual p,i
sioued the within copy Of order the orsip3 order OF
COW with the ssd Uofsce Greeley. personally W Sl
slime a him cory Of fhE NEW i"Rk ~ If
% 4p L. Is64 containing article entitled s~ neaded \
''d''' o0"'s'' JAMES LYNCH. sheriff.
- RILEY, Depsty'
The Clcol called for Horace Greeley to appear when
M l. T. Williams stated that Mr. Greeley had handed
iia COPY Of the order and that he CNr WiRams) had
considerable doubt rs to the jurisdiction over the person
If Mr. Greeley there being affidavit or proof upon
which the order was founded; no proof that Mr
@Tecey was either the editor publisher Of the news
psreri question, and proof Of the writing or pub
iSGug him 81 the article complained ONO PROOF OF
any knowledge his part touching the writing or pub
fishing If that article. submit, said Mr. Williams,
gat Hhstcycr may he claimed in reference 10 that cass
of oOutcmpts which II is said me court may punish
spon view il vail not be- cLhmed by ny learned lrehu
The District. Attorney that the Court can rake uGyidl
notice that Mr Greeley Is either ihe eulor or punshe
Of TIE GRIWEE newspaper and especially IN case OF
terminal contempt" II Will not b" Canned that the
Court viii take judicial notice that Mr. Greeley had
ANY KNOWLEDGE Of or participation in act which #
committed would be criminal in its nature and expose
him not only 20 punishment lOr contempt but TO IN III
The Court no doubt NAV take judicial notice Of and
punish, for contempt an act done IL ITS presence
pQbished report of its pTOceedingshut beyond that II
cannot be reasonably pretended that Court cen 60
have therefore thought it right most respectfully TO
submit the point yOur HOnOrs consideration and ask
Ihat the order 20 show cause he discharged ana vacated
This motion is clearly competent l submit TO your
Honor BY analogy with proceedings III cl'i eases OF a
supr character If an order show cause BE- granted
by Count without affidavit or upon an insufficient
affidavit the Court would doubt. on application set
II aside SUCH would also be the practice in proceed
ing Ia hold to bail an order Of arrest process ~
attachment. IN like tire present, where the order
neither recites refers to any adayits or proofs
where the order simply charges OF rather reciifs as u
were assumed. Horace Greeley, Editor and PrOpr1
Of daily newspaper called The NEW DIRK
TRIBUNE" is clearly competent in the absence OF
any proof snbsttntiate such allegation recital to
to set aside the order, as not founded upon any
rr"oL
M HoH as aGieas oayia for Judge Barnard, replied
shat the motion 10 yacatr premature. the practice
a. be understood it, being upon the response OF The
yarty whether by voluntary appearance in person. OF
by his attorney in this case or by not appearing bt
hin roucht in under attachment for the Cont 10 file
fnerrogaorics which are to DC served on the party
and be is then 10 answer or decline tO answer lie may
decline the ground that there Is no
Jurisdiction acquired for the proceeding.
Air Williams rejoined by saying that the 6th subdiyi
.ion Of the 10th section OF title chapter part Of
she Revised Statutes which title provides for the pun
isment of contemps in other than in civil &c
ioIs-wha; are strictly called criminal cOntempts =
and fof which party may also be indicted as for mis-
demeanor That subdivision provides the punishment
re- for q cortempt. for Z" the publication OF false 0r
grossly inaccurate report OF its proceedings The order
charges no other. This statute makes provisions for
ping interrog atOres. 1t is entirely another aud diff
frIen statute which provides for the examination Of the
party nteuOgatOy. Snch examination can DC had
only in civil ard then only provided for I'D The
]eth section Of that act when the party charged Is
brought into cOur; on attachment
The Coagt said that the motion 10 vsCate was pTcma
tn,e in respects Erst That the prisoner Ii not in
Court Second The proper time TO raise that question
IA when the interOgatores propounded 90 the wit
ness He can then decline 10 answer if 30 advised
npon the ground that the Court has no Jurisdiction and
t.n that question cen be argued; and if the Court
shall hold al that time after the argument. that II had
DO Jurisdiction il could dismiss the proceedings But,
I'll should 70 the other conclusion; thatIt had
full and competent jurisdiction. il could then punish az
for second contempt the refusing 10 answer. shall,
therefore direct the Clerk to enter order directing
that l1terT0caOTies De pTopOLuded TO Horace Greeley
snd tho lie bee requested to lie 10 the same.
retain snswers 70 the same on Monday next al II
O'Clock
M HiVi1Fls--I bad not quite finished what had
10 say. Your Honor has used the expression tile
s1tsoRsy is not in court
Tie Co,Dt--I did not mean prisoner" meant de.
fendsnt.'
Mr. Williams explained that be had advised Mr..
Greeley that his Ydance not required in Court
The Court then made the following oder;
% Nelors 81 DE Cry Hall OF sid city Nednesdsy the
,th "a! Of Ap IN u yer s.' pIesent the Hon George
Justice OF Tie Court oi Oyer AID Iern.iner:
10 the matte oi the proceeding against Horace Greeley
toT coDte .np,:
Upon proof he order to show cause entered
tie 18Th DAY Oi Apr inst, srd upon calling said Horace
Greedy T. Wisil pesred for said Horace Greeley,
&c object the urdict.y Ol the sad
Horace Greeley and its jurisdiction sad
r~ocd heferuder sra ,heI.upOn moved
10 discharge and scae aid show cause on the ground
sisy other proof before Court
ing ruiinr 10 show that aid Greeley Is either editor
I-op-or Of he IN sad order referred TO-