Evening star. [volume] (Washington, D.C.) 1854-1972, 1883-10-04
The Lee Habeas Corpus Case.
THE COURT N GENERAL TERM RENANps THE PETI-

To-day the case OF Joseph Lee, the colored wit
ness committed to jail by Judge Smell. OF the
Police Court, on September s6th, for thirty days
in default OF $50 ne. for contempt OF court In not
appearing as witness when summoned, was
taken up in the Court 10 General Term-Chief
Justice Cartier and Judges Hagner and Cog
ar: d T. Taggart appeared for the warden. Gen.
Csesker: and Mess,s Hewlett and Shea for the
for contempt the court : INA punish By iiae and
no case exceed So nor tie Inn prisonm, nj be for
longer time than IS hours"
Mr. Taggart argued that under section l,Osa the
court had the right to commit In default OF nne
He contended that the imprisonment did not fol-
low as an incident for the contempt: but that II
Mr.. shea argued that il was the intention Of
Congress to limit the Imprisonment TO IS hours
Of Of
They thought that the Judge who weighed the
case could impose both penalties and commit the
tton, imposing the punishment gives the power to
inforce the Judgments
overruied, he ordered the discharge of the writ
and renamed the petitioner.
Lively Scene i'm the Police Court.
THIEF-sHysTER PRACTICE AND THE coLoR LINZ
PINE FOR CONTEMPT OF COURT.
The rule issued against the colored man Andrew
jackson to appear before the Police Court and
show cause why he should not be punished for
contempt was tried this morning before Judge
Shell The offense charged against Jackson is
that he solicited business for lawyers around the
courthouse. Messrs. Hewlett and Moss. colored.
members Of the bar, appeared for the prisoner
and demurred to the rule. Judge Smell overruled
the demurrer and heard the evidence.
Annie Conkling testified that she was going out
OF the court when Jackson caught her by the arm,
and said he had saved her S. and she ought to
give him fifty cents. She gave him the money.
When she first came into court the defendant told
her that the Old man she had employed to defend
her was fraud. and got her to take the dollar
away from the old man.
Onlcer Warrick stated that Mrs. Conkllng's
and Mr. Padgett refused to make out any papers
against her. Witness then went to Lawyer Jor.
dan and told him that there was no charge against
the girl, and he (Jordon) returned the fee Mrs
Conkling then asked witness what right jackson
had to collect 30 cents from her, and he recon-
mended that warrant be taken out against
Andrew Jackson, the defendant. stated that he
Is employed by the week by Lawyer Moss, but he
court He claimed that lady gave him the nifty
cents Without his asking it.
served term In the penItentiary. He declined to
answer the question until the court required him
to do so. He then said that he had served a term
put up By lawyers He then went on to state that
Mr.. Moore prosecuted him before Judge Wylie's
"You are liarl" said Mr.. Moore
"You are gentleman!" replied the witness
jackson then charged that Mr.. Moore prosecuted
him because he was colored. This statement
caused the prosecution to call jackson nar.
"You are gentleman" reiterated the witness.
'The only thing that makes me doubt that state
ment Is because thief said 1t.
Mr.. Moore said, In concluding his case, that he
had always treated white and colored defendants
alike. and IL white man is brought In on this
charge he Will be prosecuted. Mr. Moore made
speech, denOuncing In the strongest terms the
shysterlng practices around the court, and more
particularly the business OF men hunting up cases
for lawyers on percentage. He said It was I'm
the interest OF the profession and every respect
able lawyer to have the nefarious business broken
UP. Mr.. Moss stated that he fully agreed
with Mr. Moore in all he said about shyster prac-
tice and protecting the dignity OF the profession
Mr. Hewlett said he also believed as Mr.. Moore
did.
Judge Smell remarked that he issued his order
making "capping" around the court a contempt 10
protect poor ignorant people who have been I'm
posed upon. IL was in the interest OF respectable
attorneys TO have the rule observed and break up
all disgracefu Practices for would protect them
from scandal. The court imposed fine OF S or As
1,n,, tn on R,4