The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1884-10-11

TUE 1nlsDeliavl0r III the presence OF the
court, Or 80 near thereto as to 0letruct or
interrupt the administration OF justice, or
violence, or threats OF violence TO Judge
Or officer OF the court, or 10 Juror, witness
or party going TO-, attending or returning
from the court, for or in rcsfec, TO any net
Or proceeding had or to be Ind in any such
court, or misbchnvior OF any officer of the
court in his official character, or tisobedi-
es'ee or resistance OF any officer Of the court,
juror, witness or other person to any law
full process, judgment, decree or order Of
the said court, il being provided by section
p Of chapter l47 Of the code OF West Vir-
ginia That the courts and judges thereof
may issue attachments for contempt and
punish them sunlmarily only in the eases
hereinbefore stated.
The editor and publisher Of the Green
bricr INDEPENDENT ut the time the last men,
toned article was published, was Mr.. B. F.
Harlow, Il MN OF good character and
standing, lawyer by profession, being Il
member Of the bar OF this Court, and was
man Of considerable pecuninry means.
. He belonged, and still belongs, tn the same
political party us the Governor, Auditor
and all the members of this Court, us it
was constituted ut the time OF the said pub
llcatiOli, and rs it is now constituted. He
resides in the same town rs one OF the
Judges OF this court, and as respondent has
been ut all times informed, and now be-
lleves. is and was ut the tineo OF such publ.
cation warm and intimate personal friend
OF that judge.
1t is plain that that article was not I'M
friendly to the Court, orintented to be 50
the object Of its publication evidently being
to defend and justify the Governor and Au-
ditor and not to attack the Court That
article, however, in effect sslid, that three
members Of this Court had in advance ex-
pressed their opinion upon eases which
might come before them us Judges 1t con-
tained serious charge against those
Judges. It constituted Il libel, Tor which, if
untrue, the editor and publisher Of the
viction upon indictment, and was RESPONSE
bic for damages in civil action. II any
thing published in the Wheeling 1nteM-
gence of June 18th, 1854. could be con-
strued US Il contempt OF this Court, that
publication in the Greenbrler Independent
was likewise such contempt
No proceedings against Mr.. Harlow for
contempt, however, have been instituted
IN or by this court, or by any OF its Judges.
None OF its judges have brought an action
OF libel against Mr.. Harlow, or made COM
ptaint upon the criminal side OF the courts
against him, although the judges Of this
honorable court and each Of them must
have known, and respondent believes did
know, OF these statements from time
shortly after their publication. None of
the said judges, and no one OF them, has
in any manner denied the charges so made
by Mr.. Harlow, and no retiTlctiOn or quail
tication Of those charges has ever been
made III any public manner or to the
knowledge OF this respondent.
The statements so made by the Green
hricr Independent were brought to the
knowledge OF Jacob B. Jackson, then Gov
crnor of the State Of West Virginia, and
Joseph S. Miller, Auditor OF the said State,
each OF whom more than once assented to
the truth of the statements 50 made III this
respect by the Grcenbrier Inlqnniem.
The said Jackson and Miller We're, by
reason Of their official position, liable ia
know, and respondent believes they did
know, whether the said statements Of the
Grcenbrier ia1rwnthet were true and aside
from their official position they are, and
always have been, men Of good standing
and reputation.
Respondent respectfully suggests that if
any question is now made rs to the truth
Of those statements said l.. i. Harlow,
Jacob B. Jackson and Joseph S. Miller be
examined rs witnesses ut the bar OF this
court, Or in such other manner as may be
in accordance with law a:l the practice Of
th;r .nurt np,l that sunl, M Il ar ..ui Inn nn ba