The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1869-06-23


Court under the full conviction and assu-
rance that this Court win decide and ex-
anime with the same impartiality, tue same
object to avoid error, as it would in the
same question in relation to any citizen, of
and for itself. If a contempt of Court was
the design of anybody, it would be strangeif
they should come before the Court and pre-
sent their answer in the same dispassionate
manner in which it had been presented.
He thought publication in public
newspaper was an insufficient ground for
their action. 1t should not be forgotten
that for the first time in the history of North
Carolina the election of Judges has devolv-
ed upon the people. Hitherto they derived
their commission indirectly from the people
but directly through the act of their repre-
sentatives in the General Assembly; and it
might be supposed that the bar, so jealous
OF the high character of its Courts, might
think thai, of all other times,a suitable occa-
sion to call the attention of the Judges to
the danger of being misled by political in
fiuenccs, and to impair their own capacities
for usefulness when placed in
that office. He regarded the pub
LEGATION, fairly construed, as meaning not
SO much an imputation of misconduct as it
is to call attention to the signs of the times,
and, as it were, to check rather than Danish
by improper words practice which, if al
lowed, and which if the judges had INDUCED
in, might have been injurious to its high
character and to its usefulness in the future.
That document itself declares its only pur-
pose to have been, not to wound the sensi-
bilities of any person, not to assail the
| judicial character, not to assail this court;
| but its purpose was to offer timely admo--
milton with the hope that the sentiment of
the Bar might be instrumental in preventing
results which, if they did follow, would beso
much to be deplored. The publication itself
contains an avowal of the intent with which it
was executed, signed and to be published.
! Their answer reaches that declaration. The
publication may be regarded as an express
sion of the apprehensions existing when it
was authorized, rather than an assault upon
the Court or any OF its officers. 1t is the
purpose, the motive with which it is done,
and if the Court saw clearly that it was
calculated to produce the result charged
its language and import were calculated to
bring contempt upon this Court, he submit
ted the Court could not so hold in the pre-
sence of the solemn declaration under oath
of the gentleman charged that this was not
its purpose To do that would be to super
add the grayer charge of perjury to that I'M
der which the defendant was laboring. The
answer denies the intention and AYERS that
his motive was to preserve the char
acter of this Court in the future as it
had been maintained in the past.
That answer must be accepted as truthful.
The Court could not say the gentleman had
not sworn truly in regard to the intent of
his heart, of which they cnuld know
nothing except by his acts and his declara-
tions. If he has made this charge, this case
is brought to a close, and other tribunals
would be called on to inquire whether that
statement of his was true or false. He
thought that the course which Blackstone
says this course must take-4th book, orr
ginal page 2S7. In case of this impor-
lance the Court would be careful In setting
an example which would be followed by
other States; and in the presence of the an
swer the Court would be cautious in pro-
ceeding to extremes.
Mr.. Smith had seen the practice in other
States, but nowhere was there that respect
paid to the Court that they received in
North Carolina, and that was largely due
in his judgment, to the profession of North
Carolina, which by example and precept
asks jurors and all others to respect the
courts of which they are parts. The gen
tlemen had answered the rule fully and
frankly. They sought no controversy with
the Court. He closed with reference tt
the cordial relations which had existed be
tween him and the respondent since the
3 commencement of his professional life, and
an allusion to the steadfast adherence t.
to the Constitution and the Union du
ring the war, and hoped the feeling
of counsel might find some response in thu
hearts of the Court, and that they might fee
proud of saying to him and to all others
situated like him, "Depart from this
Court you are guilty of no offence against
us and we have no controversy with you.
Judge W. H. Battle read the answer Of
Thomas Bragg, in the same terms as that o.
Mr.. Moore. and said Governor Bragg was
willing to abide by the effect of the argument
which had already been offered.
Judge Barnes read the answer of E. G.
Haywood in the same terms.
Judgment was deferred.
The Court adjourned.
SUPREME Thursday, June II
1869.-The Court met at o'clock, all the
Judges present. aa
The following cases were argued:
Annie W. Miller VS.. Thomas Atkinson
From New Hanover county. Robert
Strange for Plaintiff. W. H. Battle and s
]. Person for Defendant. Contested will
Certain real estate and SIC, 900 in money wa:
bequeathed to Bishop Atkinson and his
successors in office for the poor orphans o.