, 1875-04-04

Jams had no business to fine Storey ind iiupfiBon
him without allowing him to appeal from the
| decision. .
Reporter-1s an appeal allowable in such a
ease
| Alr. Goodrich-I think so.
Reporter-Do you believe in constructive con-
tempt?
Of contempt a man ought to be tried BY q Jury,
| and have the right to give bail, bec8use the
Judges would then not have the power to e1er-
! else their bias, md be prosecutor, jury, and
Judge. / think, in this case, both Storey and
| Willama will get their deserts.
Reporters constructive contempt possible
| in connection with divorce case?
| Mr. Goodrich suppose 30, when the Judge
giyea contemplate construction to the divorce
laws daughter by Mr. Goodrich.T
| 1u- WILLIAM DUsH,
who has buahy hair, delivered himself Of the fol-
! lowing:
would not prefer to e1presa an opinion unless
| I had heard something definite; and The
TRIBUNE hasn't time and space to devote to =
! definite opinion,-sometlnes giving an idea that
may be one-sided when it is elaborated. -
The reporter returned thanks for this lucid
and comprehensive view Of the mattar, and
| sought
d. JAMES LElRF,
| who knows how it is himself.
matter, and will state this: I have looked At it
in Ill its faces, and have considered from be-
ginning to end that Judge Williams was correct"
Reporter-For what reasons?
Mr. Leary-From tha very reason that the
/ Grand Jury, during its session under tho COM
mon law. is a part and portion Of the Court, and
is SO considered By Blackstone in his comments
ries-that they are part and portion OF every
criminal court, and that contempt to the Grand
Jury is contempt to the Court 1taelf, because
that body under ,Blackstone'a commentaries and
the English common law is Of itself contempt
to the Court. Besides that, think the comments
made by the Times, in the unusual dirty lam
guage that it usod, WAS q contempt itself to
the Court directly.
Reporter-What do you understand by co.,
stractive contempt?
llr. Leary-I don't think there is any such q
thing. II it is contempt at all, it is direct
tempt, and not constructive contempt. That
decision quoted trom and hasing Judge Will
Jams opinion upon that, Was Too old to be used
in times Of modern civilization. There is no
such thing known to our present law and preE-
ent practice. I think it it was contempt at all
it Was direct without any construction placed up
On 1t, except contempt to the Court, and con-
tempt to that portion OF the Court which is the
Grand Jury, and under the direct supervision OF
the Criminal Court Of thig county, Cook County,
tu-wit.
,Reporter-po you deny the right of the prsss
Mr. Leary-I do not; but I deny the right OF
the press to make it personal matter, and abuse
their right; aud think that the Times usurped
in that capacity. .....
Mr Calashan. who happened to come in while
Mr. Leary Was talking, here intertected: stTha
comments of the Times to my mind have been
yillainous and personal and it was time some
stop should be put to them"
MIR Leary, resumed-I have examined the
question, and have counseled with lawyers who
have practiced rwentY and thirty-three years.
and We have PASSED upon that question. exam
ined rhs authorities, and find that there is no
such thing as constructive contempt. Wa have
gone back as far as We could consistently go
back, and found no such thing, At that discus
sion, made the remark that Wilbur F. Storey
ought to have been incarcerated ten years ago
for contempt and kept there until the present
time because think he Is so contemplate that
the sooner NC get him out Of Chicago the batter
We will bo OF; and that would give the city q
decent reputation before the world
Reporter-1ou do not seem to have very
good opinion Of Alr: Storey.
Mr. Leary-Well, I don't think Storey is bad
man himself, but he is very extravagant in his
e1pressionB.
The reporter NEXT tried II" find
Ex-Jus11cE CHARLES o'MAILEY,
the well-known West-side Police Court criminal
1awyor- There may be some qualifications in
which Nr. O'Malley does not shine forth as con-
but there are others in which he excels
them, and among these latter must be included
IN intimate acquaintance with the ancient and
modern ciasscs and an utter fearlessness in the
conduct Of: anything he undertakes to carry
at once ono OF tho most fowery aB veil as one
Of tho most powerful speakers Of the Irish
American Bar, md in the matter Of contempts
he is acknowledged to be an expert. as, in his
experience as Police Justice in the earlier years
OF Chicago life, he frequently WAS obliged to up
hold the dignity OF the ermine by indicting pun
iahment upon those who treated, or af-
fected to treat, contomptuousy the majesty
OF the law. Having determined to pay the
e1-Justoe cali the reporter set to work to learn
bis whereabouts, which, after painful and diigent
search, he discovered to be the front room i'm
msdiately over tho little whlsky-shop which lies
west OF and next to the Union Street Police Sta
ton. Unfortunately for the reporter. Mr.
o'hal1ey. probably with Siew to check the
growth Of his practice, keeps no sig upon his
door, and it Was only after invading two sets OF
private rooms, and amply apologiziug for his IN
truslon, that TIE TRIBUNE representative struck
the Office he WAS seeking, and received, IN an
80, and found the e1-Justice deeply engaged in
studying the revised statutes, and apparently in
ANYTHING but q pleasant franc OF mind. The
e1-Justice had been all the morning over at the
''Shupayrior Coort, and 1t was evident that the
s'Coort !" had not done exactly what Charley had
wanted it to do. Like all great men. however,
he shook oil his melancholy in an instant, and
expressed his Willingness to supply the reporter
with any news or information the hitter might !
desire aud he might posseRs- The following |
Reporter-ar. o'1lalloy, believe you are 3
1awyer2
MIR. 0'Malley-Faith, used to think so meself |
vance, but the iah ia not what it used to be. and
tho practice is changed 50 that now begin to
doubt i'll am lawyer as .all,, 1t all. AS the poet
vary beautifully observes: Fl
Ould times is changed, on1d manne1s goue,
= L shthrarger h11s u'sfa1lcy's throne
OF coorse. that's his binch, you know; hui |
then. binon wouldn't make d rholme-
Reporter-How long have you been engaged
In the practice OF the law =