The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-06-22
Judge Whitaker Decides the Yer
dict Of the Jury Not Ac-
cording to Law.
state VS.. s. J. N. Smith Superior
Criminal Court, No. 1646-on
Motion for New Trial.

AADAAcSAAA>~~e@S
hours.
Haley was committed for contempt OF the
racorder's court. He was brought before this
court by habeas corpus. After hearing. and
far the reasons on file in that case, the reator
vas remanded and the writ discharged.
The Indictment does not sta that the I'M
nrisonment was for contempt: That fact ap-
earsd ths trta vas In 6 pgecss
nnmm1tted The prosecuting witness testified
ss To what occurred In the recorders court
prior to oh hig Is r eontradcteo By tie oes
stenoRrapher OF that court. The nllttt!its did
not set forth the particular facts CONSTITUTING
Has Corp.. D. no: e. parie Nugent Ired, 14sl
The a Il ns aet g woh the
attention Of the court was not DIRECTED or the
trial OF the habeas corpus. the dist,tct attor.
the Jury that recorder having no authority
to impose fine for contempt, imDrison ment
could not be Imposed by DID r. e deia na 81 pay
1oo 1fe mt had been Imprisoned In default OF
payment Of flDe. such Imprisonment was IN
lawful The fine was nnlaWIui 4u aa 1nu1
Ssnient nunishment than the alternative-im-
prisonment; but II was not rel referred TO n the
Whether there was oppression in the imprison
ment. Undoubtedly there was error Ia the
Judgment. but mere error re- T. not cam aes th,+
the recorder was the sole Judge as 70 whether 9
ontempt had been committed before him. and
yhn a hs 15t & P hagne
,udeed d person gull = Of contempt. 70 sentence
him to Imprisonment for tWenty.tou hours.
rict III fhe defendant. and the motion now here
il for a new trial on the ground that the verdict
70 piee i1s9, D. p. authorizes justices Of the
naaea@and 30 recorders In the city OF New Or
ieaDs-to punish contempts by Imprisonment
not exceedng twenty, four hours III
q tie court. the, offender, may Be In,
stanty apprehensd.esd n and imprisoned has
hs d Isa ap ex 81 hs BaeR
ass. :" The right Of furnishing, for contempts
By summary. conviction. Is Inherent II all
sna i essential for their Pbete ato9s ana 5
yelved ID this power Il. in great . measure ar
Compatible with civil liberty and auxiliary to
the purest ends Of justice. The !. known exisl,
Instances, the necessity Of exerti4g, it. This
power extends not only TO acts which directly
openly Insult Or e Gssss HI ha S q h
se eaae indirect and constructive con
tempts. which obstruct the process. degrade
the ah 9a ggour Yatss e. Eansne ths
fohna. ss5 (see also Bl. CON- $50; = Hawk ?. e..
b., G. a.; / Com. Dig, At achment, A; 8 Wheel
;ndp e1t Of it's own contemptso Wilson. 2ol.
An adjndicati OF contempt is conviction,
and q commitment IN conseQuence is execn-
sAceordlng to Chaneell r Kent. 1t belongs exclu-
siysly to the court offended to Judge Of con
and what amounts to them and
in a collateral way. to question or review an ad-
iudication of eontempE made by another com;
as The established doctrine equally in England
az In this country" Bouvtsrs L. D., verb. Con-
tempt, and case there cited;
Another objection has been made. which
likewise holds out to US. II pursued In al its
Z The abuses whg ,he may Z be made b
this is unavoidable and tis better to leave some
courts 9 h q b. 6g M
Pieas) Or the Kings Bench, there Is no appeal.
- We must depend upon the discretion
fenced s g stand in the plllory. By this court Of
think this very hard. 70 Be done without a
The e. courts should abuse their. jurisdiction
you'd b p99G from he
- It must be left at large; 1t was wise to
leave It at large; some persons. some courts.
mn1 though % sb0i i p poee tie
degrees Improbable that such abuses should
ever happen" 8 Wilson. 2o2;
SHGtlOl
that any justice Of the peace Or other civil OIL
Ger, who shall be. guilty Of oppression Or ex-
tortion In The administration or under the color
of his office shalt on conviction, suffer fine or
imprisonment or both. at the discretion Of the
court. Similar statutes are II force 10 !, other
Stae, of the. Union. and this oflense is de.
England. The subject Of this. misdemeanor
has often been before he court. and has been
While anreat variety Of acts Of corruption and
oppression on the part Of magistrates has been
matter matt 81 Inquiry By judicial tribunals and II
sDDe a;oo SO 'a1 that 1 any 0eg repored
information has been granted p
imatica Of the peace, or other magistrate. IN
Committing for contempt wi hin i his 1uri a,d
ton Lord Ia y w. c ba yaneration
that Is one reason for refusing TO grant an H.
Formation against the justices. the defendants
Stance even Of an indictment" for the partic--
Mar charge presented. There was no contempt
&c the bottom Of this case, but an alleged con-
sniraev relatiy We to an election.
The text books show no form for an ind1ct.
ment 81 an Information against magistrate
for oppression 10 commtslns ZOE eontemRe; 4 -
IL Bi. Rep. p. 1o17. an action for dam.
agsI to 4vo asces Wrone
for contempt. the mitmeEt vas declared
invalid IN that, case the jus Ices had no urls
i y, W.
cused (plaintiff III the action) separately; or
dered her to affiliate . bastard. and acted sepa
rately in the commitment on her failure te
obey the order. Lord Chief Justice DeGrey
with the concur ence, OF the other Judges
affirmed verdict for damages. This was mo-
criminal proceeding.
Az to the criminal prosecution OF magistrates
for misbehayior In office, courts Of specia
limited haylqg power yer tG n hea1
their authority, are protected as to errors
IN Judgment otherwise they sr are not w pro-
anplied to single magistrates. having or not
II al The cases where a1eeg pro
erroneous Judgment. he must be acting as
judge The protection. in regard e the ,.s,. supe
specs to the inferior. it Is Only when they ac'
within their jurisdiction" Miller e. seave IS. q
Johns, Al; Gaines. sl2; Bay, !; Md
2lg; IE spinasse. second psrt 49, ;,r,sd,ct,on
hwoula entirely destroy HI. Independence a +,
diyldnals who might. conceive themselves ag.
&rleved hy his decisions It is the lot Of hq;;