New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-12-09

| and no then Immediately gave up DIS hnhV
The petitioner further alleges that in none OF these
transactions did he have tho slightest Idea Of showing
amy amy ho Ro TACT sa that he lost his temper
Ira OF MS SenE rt 10 snpoe the order
Of the Court and of his seeing bis wife assaulted IN his
| presence ., =, .,a o.. ~evoc,,Ion ~ ,he
We have read this petition with great surprise at
under orr immediate observation, ITS statement does
accord with the facts as we saw sne Sa 20 5
corridor IT'S statement is directly opposed to ne con
curing of tho officers Of The Court ana parties
present whose position such as to preclude error
mcnt OF the Marshal which accords win our own Oh
servatlon. so far from having struck or assabitod
Terry he had not even laid his hands upon nm Wncn
The violent blow In the face was RECEIVED crry ana yo
unfairly surrendered his bowicknlfe ana that was
wrenched from him only after s volcmt OF sSs as
they were seen by numerous witnesses, by supposlns
be mss Hh % docs at not well
he then did, what he then said. sone judgment
as to The weight this tsc o az raypcc w
may be formed from his speasnS o. ' aed 10 fbs
sbsmeIess me u1Sw and cnduct Of his wife as
No one can believe that he thrust his hand under his
vest where his bowienife was carried without ntenu.
ing to draw IT, To believe that he placed his nS9t
after the fatigue Of lis violent blow In the Marshall
face, 10 smooth down his RULED lnen-wOHd DC
childish creduy.
Bur even his own staemen, admits the ss'autnS
Of the Marshal, who was endeavorlng to enforGe me
order the Court, and his subsequently drawing
knife TO force his into the rom where me var
shall had removed his WIFE, Yet he offers 70 apology
for his conduct. expresses no regret for what nc u,
and makes enc to his violent b a aGf 81 e
while under arrest, which Is detailed In the ALL
daVits filed. "a,
There Is nothing in his petition which would Justly
any remission Of the Imprisonment The law lmpntes
an intent 70 accomplish the natural result OF ones
viii not accept, against such Implication the denial Of
the transgressor No one would be safe II denial OF
a wrongful criminal Intent would suffice TO release
tho vloator of law from the punishment duo to his
offences. ~, ,,,
weapon concealed on his person lie knew that "a a
citizen he was violating the law which forbdc the car
Of M ae ana such as e 0
hitting an outrage upon professional proprety ana
rendering himself liable to be dlsbarred (sharon VS.
Therefore considering the enormlty Of the offences
committed and the position tho petitioner once held
IN this state which them 10 degree c not
with proper regard TO It's own dignity. the majesty
OF the law and the necessity OF impressng upon all
that orc99 20 The n ~ ga GagS 81 e
however high tho offending parties cannot grant the
prayer Of the petitioner and IS ccn denied
sABIN. District Judge.
Annexed to the opinion OF the Circuit Court are
the afldavits of numerous persons lawyers and
officers Of the Circuit testfyng TO the most violent
and profane language and the most violent action
| in the Court and corridors by Terry.
Having failed IN ms 2ppIcsIlon, lFTrN HcAb dI-
piled to tho Supreme Court of tho United States for
writ OF habeas corpus alleging that he was unlaw-
fully imprisoned. and that the order OF commitment
was made by tho Circuit Court, In the absence OF
Terry and without his having any notice Of the IN
tention of the Court to take proceedings against him.
In the hearing ard determination Of this apphca-
ton by the Supreme Court OF the United states Mr.
Justice Field did not participate but all the other
Judges Of the Court unanimously rendered decision
denying the application In the following able opinion
! by Mr. Justice Harlan
OPINION OF JUSTICE HARLAN.
The opinion Of Mr.. Justice Harlan, after reclting
the original order committing Terry TO six months
Imprisonment for contempt OF court. by ml~behavior
In It's presence and by forcble resistance in the pres
encc Of the Court its lawful oIder and quoting in
full the petition presented By Terry to the Circuit
Court and the OF which is given in Justice
Fields opinion above and stating that this petition was
denied by the Circuit Court, and subsequently was
| followed by a petition for writ Of habeas corpus to
the Supreme Court of the United States goes on to
SHOW by reference to numerous authorities that tho
power to punish for contempt is inherent in all courts
that IT'S existence is essential 10 order I'm judicial
| proceedings and to the enforcement OF the iudg-
ments orders, and writs of the courts, and conse-
| quently to the due administration of Justice; that
without such power the administration of tho law
would be In continual danger OF being thwartcd by the
lawess Justice Harlan then goes on to consider tho
facts Of this particular IN the following words
What then. are the grounds upon which tho
petitioner claims that tie Circuit Court was without
to make AXE The order G maSe MIN IN I his b
sence 2: That it made without his having had
any previous notice Of the intention OF the Court 10
take any stops whatever In relation to the matters
referred to IN the order B. That 1t was made with
defepco Of the charles therein made against him.
missed immatera in any INQUIRY this Court is at
liberty upon this original application to make; roP
committed
face Of tho Circuit Court which tended 10 destroy its
Of absolute right either 70 demand a regular trial
Of the COURTS intention to proceed against him,
opportunity TO mske formal answer to the charges
doubleday general rule IN all actions whether pros
is in civil and criminal cases, that "a sentence OF
court pronounced against party without hearing
not a judicial determination Of his rights, and IS not
entitled to respect In any other tribunal" windsor "
OF almost mmemorial antiquity, ard universally ac-
knowlcdgcd which Is equally vital 70 personal liberty
upon It's recognition and enforcement depend the eN-
stenco and authority Of the tribunals established 70
protect the rights OF the citizen, whether OF life,
liberty property and whether assalled by the IL
or Violence Of individuals It has relation 10 the class
of contempts which being computed In me lace OF a
authority to obstruct the Transaction of business,
or TO insult or ntimdate those charged with the duty
rule II the contempt he committed in the face Of
the Court the offender may be instantly apprehendcd
and imprisoned at tho discretion Of the judges with
out any further proof or examination. But In ma
ers that arise at distance and OF which the court
cannot have so perfect knowledge unless by the
confession Of the party The testimony of others,
II the judges upon affidavit see sufficient ground 10
suspect that contempt has been committed, they
either make n rulc on the suspected party to show
cause why an attachment should not issue against
him: or In very ilagrant instances of contempt tho
attachment issues in tho first instance, as also does
II no sufficient cause be shown 10 discharge. and
thcreupon the court confirms and makes absolute tho
original rule III. Com $50 In Bacon's Abridg
meDt. title Courts, F. 10 Is laid down that every
court of record Incident TO IT, enoin the people
10 keep silence, under pain and impose reasonable
fines, not only such as shall be convicted before
them OF any crime on formal prosecution. but also
all such shall he guilty # contempt IN the
face Of the Court by giving OpprObrious Language