The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1870-04-28

A RADICAL JUDGE ON THE ERAMPAGE--Tht
Wilmington Journal gives the following ac-
count of curious proceeding, by which q law
yer was fined one hundred dollars for calling
colored man by his first name. Judge Can't
well is said to be native of Charleston:
One of the most extraordinary events In the
history of oursN North Carolina courss now, alas,
so sadly changed from those. .of the past) cc-
Cured in the Special Court of this city yester-'
day. The case of white man, by the name
of Charles Posner, was on trial, MIR. John Il.
Holmes, one of the members OF our bar ap-:
pearing as counsel for the defendant, when
Anthony Howe, coal black negro, and who
reioices in the dignity of an Alderman of the
civ was called to the stand, and wanted to be-
called "NIistern by the counsel, who for long
wear; has known him but as anthony" The
following, is the record of the singular proceed
ings as directed by the court: - :; ..yA..zg
Tin this case, Anthony Howe, Esqs was .saii-
ed as witness to testify to the character OF the
complainant. Mr.. Holmes, counsel for. the De.
fendant, addressed Mr. Howe as Anthony.
The witness said he did not object to bs go
styled, but objected to the tone and manner IN
which he was so addressed The court Haled
that the witness had right to demand that he
should be addressed in a proper manner, snd
with respect, and not. with familiarity, where
upon counsel refused to be governed by the de-
cision of the court in this matter, and it was
ordered that fine of ten dollars be entered
against Mr. Holmes for contempt of court for
refusing to obey this order and take his seat
when directed to do so.
"Mr. Holmes again peremptoriIy refused to
obey the order of the court touching the treat
ment of the witness under examination, and IN
sisted on the right to cross-examine without
complying with the order of the court to address
him. otherwise than by his first name, 'Antho-
nv after objection made and sustained to that
style of address on the part of the witness, and
the same order had been extended TO the other
counsel, upon which it was ordered that the fme
be twenty dollars against Mr. John L. Holmes
for contempt of court, The witness at this
point was discharged by the court, the attorney,
Holmes, adding, Stand aside, Anthony, in the
hearing of the court, and in contempt OF its de-
cision and authority, and it was then ordered
that the fine be one hundred dollars l$l0Ol
against Mr.. Holmes, and the particulars be re-
corded" -.
For the benefit of strangers, who. do not
know the parties, it may be well to add thai
this Judge Cantwell, the presiding ofhcer OF
this court, is the man who worethes hrss seces-
sion cockade in Raleigh, and was afterwards
Confederate Military Governor OF Norfolk
His action yesterday can but be viewed rs an
indignity to the whole bar, direct attack upon
the profession through one of its members,
which no doubt the members of the bar will
properly resent. 1t may not be aniss to state
that we hear the court directed Mr.. Holmes to
address the witness either as "Mr." Howe or
"Alderman" Howe.
On Saturday Mr. Holmes appeared in court,
when his honor suggested that an answer be
filed by the defendant purging himself or the
alleged contempt. This was declined, and after
further discussion, Mr.. Holmes paid the fine,
which amounted altogether to S106.25.