Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-08-03
CONTEMPT OF COURT.

aleading article on Contempt of Court.
What could have raised the Atlas ire we
are unable to say, but it is certain that
something must have occurred to raise
such a tempest in the breast of our
worthy contemporary. 1t says:
Twenty-three years ago there was in
this city of San Francisco specimen of
this exercise of Judicial authority, or
rather of judicial tyranny. An editor had
seen fit to comment upon the action of a
Judge in terms that were not compli-
mentary. The comments may have been
unjust, ana possibly uncalled for. 1t
may have been a breach of good taste.
But we doubted then, as We do now, the
right of the Judge to do as he did do
constitute himself Judge, jury and execu-
toner, and consign the offending writer
TO prison until be should purge himself
OF the horrible crime of contempt Of
Court, which, by the way, was exceed
ingly contemplate. We remember dis
tinctly how excited were many OF our
people, how some of the leading men,
merchants and others of the city, pro-
posed to break open the place of confine-
utul anu Stb tJN HlAopACl NV -Ai4A NC
remember how we advised the better
course of freeing him by legal process,
which was done the next day. But mean
while many OF US visited the prisoner in
his prison, and then and there for the
first time We saw the prisoner since so
well known as the great fllibuster,
Walker We remember also that, in our
earnestness to be right upon the ques-
tion, we consulted one of the oldes prac-
titioners and Judge of many years, con-
scientious, well read in law, of much ex-
perience, and lie said that reading, prac-
tce and experience had brought him to
the conclusion that contempt of Court
could only be committed in the presence
Of the Court" And so we believe.
The facts in this case are worthy of
page at least in the history of California.
We (the writer hereof arrived in San
Jose, Cal, early in 1851. The CalifOr-
MIA State Journal DANES B. Derive, edit
or) was then the leading daily journal in
the capital of the Golden State, and We
were engaged as a compositor thereon.
During that session Levi Parsons, Judge
of the Fourth District Court, was ar
ranged before the bar of the Assembly
for high crimes and misdemeanors, and
his impeachment sought. John McDou-
gal was then serving ont the term for
which Peter H. Burnett was elected Gov
ernor; David c. Broderick presided over
the deliberations of the Senate, and was
afterwards chosen United States Senator
from California; John Bigler, afterwards
twice elected Governor of California, was
Speaker OF the Assembly; Joseph c.
McCorkle, afterwards member of Con-
gress, represented Sutter county in the
Assembly; W. W. Gift was Seargeant-at-
Arms of the Assembly. Let it here be
stated that Col. Gift has since chopped
a little. Then and for years after he
regarded an Aboltionist as the personif-
cation of all that was infamous. Indeed
so strong was the Colonel's adherence
of Abolitionists, some years after, when
a gentleman at Benecia was about cow
hiding man, the Colonel was passing
ut the time and seeing what was going
on, thus addressed the irate would
be wielder Of the cowhide; My dea-
sir, don't strike white man with cow
hide. Think of his family and friends
Of the disgrace you would heap upon
him. Cd d-n it! We never cowhide
anybody but nig5ers in Tennessee" Just
then gentleman Of chivalric propensi-
ties whispered to the Colonel; He S
only a ID Abolitionist." Above the
storm which had been raised by the cir
cumstance the Colonel was heard to ex-
claim: " Give him HI, Cd d-n his
soul. give him h--l"' The Colonel sup.
ported Grant in 1872, and his views il
regard to the third term have not beer
announced.) But We are are DEPRESSING.
Pablo de Ia Guerra, one of the Trainer,
of the Constitution of California, ant
now District Judge in the State o
which he is :" native and to the name.
born, was Senator from Santa Bar
bara D. P. Baldwin, now q wrecl, o
humanity, but then a young man of bril-
liant promise, was Assemblyman from
Tuolumne; B. F. Moore was one of hi
colleagues; Elcan Heydenfeldt, brothe,
of Chief Justice Heydenfeldt, was Sen
ator from San Francisco; T. B. Van Blu
rem. since celebrated for his connection
with the Vienna Exposition, was Sena
tor from San Joaquin; William Walker
editor of the San Francisco Herald
and afterwards conspicuous as thu
President of the Republic OF Lowe
California, was the complainant. Par
sons was present in person, W.
were in the Assembly Chamber wher
Walker made his closing speech declar
ing that he had been imprisoned, anC
that for an indefinite period, by the ty
ranny Of Judge Parsons. When Wake
had concluded Judge Parsons arose, and
in dignifed manner, addressed the As
sembly. He thanked the members TO
the courtesy which had been extended t'
him" arraigned before you as Grim
inal, said Judge Parsons. Taking up
copy OF the laws, he said that he was gov
erned, in his acts, only by the law h
was sworn to support The result wa
that the case was never sent to the Sen
ate for trial. But to the primary cause
Walker, as editor of the Herald, indulget
in the severest criticisms, and used Ian
guage calculated to bring the Court anC
the presiding Judge into contempt. Fo
this he was cited to appear and SHOW
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