, 1875-03-30
THE LAWYERS,

THE LAWYERS.
OPINION or SIR. JUDD.
a reporter Of Tue Tn1Duxn yesterday aftor.
noon also vlHltod tho ofIlcee Of q number oi
loading lawyora to obtain their opinions on tlc
norita Of Judge Wiiams' decision In tho Storey
contompt caso. Judge Trumbull, tue Hon. J.
Il. Doolittle, and number OF otloss, could not
10 found. Atr. s. G. Judd WAS, however, found
scasol In his ofllco In tho Ashland Diocls. 1Ie
had not heard any particulars Of Mr. storey's in
| generation, and received an account from The
reporter with intercat. The reporter then asked
lis opinion Oh Judge Williams,
LII. Judl-1 have not followed the arg,lmeute
In tho case rory closely, but 1 must admit that
tho decision ia surprise to me, for was conf
dent that It would DO tho other vay. have not
Examined tho low on contempt vary recently, but
aEn familiar with tho principles involved and
DO not think tho Storey case fs reached by thu
law.
| .1soportes-Wllst distinction do you mako In
| his case :?
Alr. Judd-In my opinion, constructive cor
tempt as contempt not tasing place in tho ptes-
oncs Of conft 10 styled, eau only bo with direct
reference. to soma 1nattor pending bcforo tho
| court. According to tny understanding, tho
astlelea for whEeh Storey waa hold 10 10 guilty Of
contempt Ind no rctorenco to the Indictments
pending against him. 10 constitute a caao
of constructive contempt. the expressions
should Ilavo affected, and should hayo been In
tonued 70 Affect, . matter pending before tho
court. Thoso Is no question OF course, that =
Grand Jury is not Fart Of tho court, but
critiolsmg, invocsives, or oven Indecent and
scurtilous at.aok upon Grand Jury, do not
constitute csa ,a case o. constrnettve co'itenpt
nio"gl ai sgt. t0y TIM may ,1coSd}n4t nGra gfoan for
ia worry arbitrary. Tho 1udgo Is M autocrat aa
regards tho protection Of tho dignity Of the
court, and hence tho Ian defnes tlu exercise Of
Tho power very strictly.
l,oporter-WouId
furnish a redress for such guarded thruss aud
innnendocs na were contained in the offensive
artlcloB2
A1r. Judd-Weil, II would not DO uecossary to
show that the charges vcre untruo in order 10
show llbcl, for oycn tho truth may bo tbc,oua IL
uttered with malicious iutont. in spobkiur OF
tue Storey case, beg you to remember that +
49, atn discussing tho ;prtncno Involved and not
!aw should layo no psejudlceB. md although
havo no appreciation to express for tho Times,
u Is no rrason Why or any ono should atrai,,
tno iaw against It Il tl1o articles uorc Intended
TO Aaoot tho action Of tho Grand Jury In regard
TO some pending mattor, then 1t was III contomrt,
but tt appeara that Storey did not kto,y TINT n,y
Indictment s'aa pending agasnss him. The
snimndverslo1's Of tho articles xero dIrsosel at
past acts OF tue Grand jury, mud vtile tlgy might
furnish grounds for libol suits could uot be-
nnttor for proceedings IN contempt, II such a
precedent Hero established 1t would roscr to TIE
IMMUNE and AZ other pnpefs just % we'll as the
criticism upon the conduct of Judge or Jury,
however proper and deserved, 1t might 10 nro.
ceoued with i'll tho nauic summary manner. Tho
proceeding Tor contempt Ia entirely arbitrary in
mud tbat is too important master to bo lighlIy
dono Away with. Suppose, for tnatnuce, that Tur
TRIBUNE should OBTAIN information that tho
Judge Of Of sny court had received . tribe. Il
morality to dcnounce that Judge and hold lin,
up to public acorn and contempt yct ii thts
proceeding in tho BtoroY caae Should hold
good g." ,,,d1 then ,}to ,oe tho Judgs might iorlt
nnni4hment. Io would tlocde as to whether
tho editor should be puushod BY tine or inoar-
cerationt and that it mood 10 without a bearing
o. o. saas9 shsse Of def9nse: Such powof as ts i
caEes whore THO right clearly oxtats.
Mep9rtor-What remedy exists In such Cases :
NJ. Jndd-A bill OF exceptions can DO carried
np to any Jnage Of tue Supreme Court who, II
a writ Of nuporhcdcas, which i,aa Tho oifcct Of
staying execution Of sentence Until tho csso has
boon reviewed by tho Supreme Court. Thts can
be dono a. ouco aud Lii. Storey released to-nol-
Mr. Judd spoke will, freedom and oarncstucss,
aha' ~ astaonBh evidently not sy1npathlzIng with
ALI; All storey dissoatcd worry decidedly from Judge
,AANuHu TUE COURTS.
The opinion Of tho other lawyers Of the cItv Ia
divided. 4 large number, looking Al ths qloy.
t aon III purely !egnl Light, are Of tho opinion
tnes Judge Williams has strained 4 nolut
il ;, lds Interpretation Of the law
while ottaess come to tho opposite
conclusion from tho sAme facta and upho}d ia
Judgca co.ssse: Still othess, sosttlug asi]o lie
technical loeal question, think that llr, Horoy
n, passed all bounds Of right and decenoy. and
richly deserved tho ssntonca. The nAiority aesm
to agree TINT tho publication Of tho articles At
Tho tins tho jury was sitting Was uncalled for.
aud that tho Hamo object could haya boon acoom.
pshea bud tho articles in the Tin.es been d.
layod until tho Grand Jury had tiuishoi thoir
tabors. ~1
One cnthnpiaat!o lawyer, who happened in ths
Clrcnit Clerks oilice, r0u.arked that It was the
host thtng Judge williams tad ever tloue. md
that It would hoip immensely to ralse hts reputa-
ton III the eyes Of the community at largo,
Tho Jaw Of constructive contempt, Gpwoyor |
does not seem to be vol acttlod. and nup,bor
Q! tho profession feel hosltauoy Ia docidinu
WHO OF ths two Ia III the rlshs,-Judge or Of |