The sun., 1873-10-23
AN EDITOR IMPRISONED.
SUMMARY ACTTON BY JUDGE GIL
BENT FESJERDIT
Mr.. W. r. q. shah. locked up ia nor.


Mr.. w. n. G.. Shnuks locked up In Ray
mond street JatI for Refusing to Diyulgr
the Secrets Of the Tribune once No Time
Allowed 10 hummou Counsel.
Yesterday, Judge Gilbert, in the Brook
lyn oyer and Terminer, committed Mr. W T. G..
Shanks city editor of the Tribune, for cunte tempt.
and Mr.. shanks passed most of the day and all
Of last night In Raymond street Jail.
A District Attorney Britton and the Grand
Jury ontcred the oourt room, Mr.. Britton said
81 am requested ny the Grand Jury to present
20 this Court the following proceedings; Mr.. W.
7. q. Shanks, ono OF the editors Of the Tribune,
was summoned as a witness and asked the qurs-
tion. Who Is the responsible editor of the
T,NiiNn,r The witness refused to answer on the
ground that he was inquirne into other peoples
business. then brought him before the Court,
and the Court ruled that he must answer the
question When we returned 10 the jury roo m
Mr.. Shanks answered under protest, 'Whitelaw
Reid The next question asked was, Do You
know who wrote the article headed, The
BROOKLYN Rings Methodp The witness said, I
decline to answer the question. 1t is one Of the
regulations Of the Office not to give the names
" writer's on the paper The Court ruled the
question competent aud that he must answer
Il. The witness said. with all respect to the
Court. decline to au yer the question:
Whom Mr. llritton had thus far addressed the
court. he turned TO Mr. Shanks and said " Is
Mr. Brtiton Mr shanls acknowledges N 81 to
be- true. aud In open court declines t. answer
thee Questions. / ash that he be punished for
contempt.
Judge Gilbert Mr.. shanhs. an application Is
male to punish you for contempt, and the pun
hhment would be imprisOnment until you
obeSed the order Of the Court. While 1t j. yury
commcudable for u gentleman In your posito n
To- preserve the ndcilty " an once intri-tcd to
him. yet must not be allowed to pervert the ends
OF Justice. rnere Il no rule Of law that allows ed
rtIl.a al flftfaa ..f
nn article when the same Is required by the
Grand Jury. IL Is an obstruction IN the way Of
justice that cannot he tolerated
Mr.. Shanks- have had no opportunity To- con
Ter with the lawyer OF the IrinHc. j would
Ike an opportunity To obtain counsel.
Judge Gibert-If you had counsel here 20 he
heard Immediately. | should have been very
glad to have heard counsel. But hardly think
~ II right To allow a contumacious witness to
defy the order of the Court.
Mr. Shanks-1 have no de lire to auncar con
tumaciou- Your Honor understands that thi,
procecding l. virtually to indict the Iriimns or
some person In II. think am just. IA | am a
mart. In refusing 70 answer think am justi-
fed under the rule. IA II tends to iudlct mvscif.
] should like to have an opportunity TO be heard
b, counsel.
Mr.. Britton-I would saw here that the witness
was allowed to depart yesterday after he had
refused To- answer the question, and hoped
that In twcnty.four hours he had sought the
advice OF counsel, and come prepared To answer
tie question ths morning. But lie still declines
Judge Gilbert Enter An order sending the wit
ness 10 the County Jail until he answers the
question
Mr. shanks Yonr Honor. 7 am subpunaed TO
appear ~ wt.ucss In the stokes trial. at eleven
o'clock. wish YOU would ~ order IL that shall
not appear is having contempt iOr the court
CA The other side.
Judge Gilbert There are rules by which wit
ne-ses may he taken out Of jail. There ~ no
rule made by private bodies That can interfere
with the l.w.
Mr.. Shanks-T know no law. ] know my bust
ness to my employers. aud propose to do II.
Mr.. wood said " Mr. Shanks requests To be
represented by counsel ON this question. |
would suggest that the witness should have
until tomorrow morning 10 make lds appear
ance and answer to the charge made by the Dis
trict Attorney. There seems 10 me great pro-
pricty In that, rs II y new question presented.
would say that the New York Tribune IL re-
cogniled corporation, existing under one statu-
tory law, and II is not necessary for the Grand
jury to know the name Of any writer Tor the
maintaining Of law and order. The corporation
can bc indicted IA an individual.
Judge Giibert-The man that writes a libelllng
article IL just ia liable as the paper The man
that carries IL to the raper II liable. That fur
nishes no immunity to the writers.
Mr.. Wood-That II the precise question.
Judge Gilbert-l am quite clear on that mat
ter. and don I want To hear any Argument on u.
Mr. Wood state TO the Court that the writer
does not publish the libel. The corporation
does u. He IL the servant Of the corporation.
jude Gilbert stopped debate bv signing the
commitment, and AT. shanks was hurried away
to jail.
Last night he was visited by many sympa-
thizng friends. 10 whom he SAID that his only
solicitude was for his health, which Il poor.
Mr. ShanSs will testify IN the stokes ease to-
day, being taken to New York on a wI1l Of
habcH corpus.