Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1888-10-20
MECKLENBURG.
THE END OF A CASE OF MOST DECIDED
iNrFREsT.
A Question Of Contempt Growing Out Of
Application for Liquor-Liceaso-
The Judge's Decision.
lcorrnarondnnoo Of the Rlchnona pI.palch.l

Correspondence OF the Kichinona Di-paNh'I
CHASE Cry. VA, October 10, 1888.
Judge r. u. Irving, during this term OF
the Circnit Court IN this county. decided an
imnortaut case. 10 was one that bad excited
unusual interest among the people OF toe
county, and attracted the attention OF the
newspaper press and legal fraternity through
out he State. Lawyers could find no plral-
lei case 10 II in tie law reports OF virginia
or any other state. Il was generally kDo"n
as tho HOmes-Jefrcss contempt case.
In April last T. ID. Jeiiress. OF Chase City,
an attorney pfacticlng IL Mecklenhurg,
moved the Court 20 grant liquor license 10 ).
II. Ingram A. Chase CITY Numerous wit
nesscs were examined and petitions for and
against were introduced, and the case was
argued be Jel'ress for and Atkins, on part
Of Temperance men, against license. The
county judge, W. +. Homes, refused
20 grant the license. Alter the adiu-
dication OF the case JcGress wrote
communication 10 q coupty paper. the Clarks-
willie Clipper for which paper he was regu'
lar contributor. giving q summary OF the
evidence for aud against license, and briof
comment upon the decision OF the Court
stating substantially that 10 an unpreindiced
mind The weight Of evidence was strongly 10
favor OF license; that the Judge was inilu-
epccd BY fanatics on the liquor question;
and that the witnesses In favor Of license IN
giving their tcstmong and the counsel in
eliciting The true facts and presenting them
to the Court felt hat they had az well be
talking 10 an iceburg, so little consideration
was extended them by the Court.
Je1rcss, when approached by Homes,
avoged the authorship and offered no apollo
ey for its publication, out claimed 1t was a
privileged communication; that ia truth
could be established, and he was responsible
for H.
Thereupon Counly.Judge Homes fled an
information with the Attorney for the Com
monweaith charging JeGress with contempt
OF court, making It q Commemorative case.
and JeiTress was summoned 10 answer the
proceedings instituted against him.
The cssc was tTicd ~ The June term OF
the County Court and Judge W. X. Bsrks-
dale, OF HaliflX county, presided. special
Jury was summoned. Judge Barksdale de-
oided thst the communication was Contempt,
and all the jury had 10 do was 70 ascertain
aud impose the fine and penalty. lie refused
oil instructions asked for by counsel for Jei'
fre.s ana heard the testimony OF none OF h'
witnesses. The jury after Judge BaIksdale
had taken out of their province the question
Of guilt rendered verdict imposing a fine
Of -.
Ap anpcal was taken by Jcflress 10 Circuit
Judge Irving. n Synopsis Of whose decision,
Just rendered, gave:
/. Demurrer should have been sustained.
the case hayug been decided, and was no
longer pending and undecided, and the fact
that The court was m session could make 10
difference.
y grayely doubt il the Gaze is such one
as could be proceeded against for contempt
at ALI even il liquor case had been pending
when article appeared.
3. The in.trucii0ns Of Judge B1rksdale in
not allowing the jury ~ pass upon the whole
case, the meaning Oi the language u'ed, the
intent and motive with which uttered and
published is also erroneous gnd would be
sufficient 70 reverse him.
4. In view Of the whole matter, ] am OF
opinion tina, the case cannot be regarded as 4
contempt.
lie then directed The following rs TIE iudg-
mcut Of the Court to be entered by the clerk:
az D. JlgresS as. Commonwealth Of Vir'
giaia:
"The Court having inspected The record
in this case and maturely considered the ar
cumont Of counsel, u OF opinion that The
County Court Of Meckcuburg erred IN over
ruling the demurrer OF the plaihtlh IN error
10 the information fled against BIN, and The
judgment OF the County Court against him
is therefore erroneous Wherefore IL Is con-
sidcrcd hv the Court that the yer-
dict Of the jury be set aside and
that said judgment be reversed and
mnullcd. And the court proceeding
10 enter up such judgment as ought
to have been rendered by the county Court
OF Mecklenburg, e is ordered By the Court
that the demurrer oi the plaintiff in error 10
the information hicd against him be sus-
tanned aud that the case be dismissed"
The case was ably argued by Judge
Charles Alexander. Charles l.. Finch. Esq,
ana Thomas y. Williams. Esq, for Jeilress,
and by Toe Attorney for the Commonwealth
IN Homo. j.