The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1878-11-27
A COSTLY CONTEMPT.
Warren Tate Fined $4,000 for Con-
tempt Of Court.
Judge Burns Sets an Example to Bull
DOING Law Breakers.
The Majesty Of the Law Sustained With Rare
Firmness.

Judge Burns, OF the superior court, yester-
day fined Warren Tate SIC, 900 for contempt
of court by fatally shooting witness during
the progress of a trial.
THE COURTS DECISION.
agree with counsel on both sides that the
only thing TO be determined here Is, how lar
the rules governing the constitution, author
ity and decorum OF the court have been in
fringed upon. / agree that that Is the only
question here, and il The only one to be now
Diet Tmined by this court. While can not
look to the consequences that resulted to Mr..
Love, vet eau not smut my eyes to the conse-
quences which naturally follow and directly
ted. Witnesses in nearly every instance are
brought into court by compulsory process.
AS they brought here against their
will they re entitled to all the protection to
their persons and 10 their opinions, about
which they are called to testify, that the courts
extend ! know ludlclaiiy that Mr.. Love was
know that he testified upon the stand. l
know that the counsel of the party on whose
side he was called said while in the discharge
of his official duties and under his official oath
that he WAS i'll held here-or was wanted,
rather-to testify further IN rebuttal; L am
grew out of the fact that there was
some difference between them as to the
matters about which he was testifying, viz:
IN regard to the value of this land. Whether
the opinion of the witness was right or wrong
is not for me to determine or consider. But
say that witnesses and parties must be pro-
tected in their opinions as well as in their per-
sons while they are in attendance upon court;
especially so when they are brought in by the
compulsory process of the court and held here,
as was the witness In the case. These, men,
are the consequences that are naturally likely
to follow when deadly weapons are used In or
about the court mouse. Witnesses and parties
are likely to be intimidated or likely
to their opinions while upon the witness
stand. Sucn things, OF course, can not be toll
instice would simply be a farce. The weaker
parties would always be at the mercy of the
Stronger. While 1 40 not feel IL to be my duty
TO intlict punishment which snail be Vlndlc'
tive. 1 do feel IL to bs my duty in this case to
1nfiict such punishment as is calculated to
prevent like occurrences.
The Judgment of this court is that Mr.. Tate
be fined ten Thousand (sl0OOOl dollars, to be
collectable out Of any property that he may
have subject to execution.
PRECEDENT.
II is understood that defendants attorn-
eys will prepare and on Wednesday file
exceptions to the ruling of the court and
appeal to a higher tribunal. In this con-
nectIon il may be remembered that Judge
Perkins of the supreme court in habeas
corpus proceeding last summer announced
that where contempt had been
committed another court would
not interfere merely on the ground that the
punishment was oppressive and excessive.
In that case an administrator was sent to
Jail for failing to make a report to the salts
faction OF Judge Julian. a writ of habeas
corpus was sworn out, and in the course OF
the proceedings Judge Perkins announced
without reservation that where the court
bad the right to punish for contempt an
other court would not interfere merely be-
cause the punishment was excessive.
VARIOUS REPORTS.
1t Is arranged that Mrs Love, the widow of
William Love, shall be appointed admins.
istratix. The attorneys for the estate will
then bring suit against Tate for damages,
which by statute are limited,to 5000. It is
also understood that suit for libel will be
commenced against the CIncInnatti En-
quirer.
Senator Voorhees, and Major Blackburn,
of Cincinnati, whose defense of Patrick
Bolan last summer created such a sensa
ton, have been retained to assist in the de-
Tense of Tate.