The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1888-01-27
The Court and the Press.
Attention Called to Articles in the Demo-
Graf and the Times
Judge Walters Refers the Matter 10 the
next Grand Jury.

Last Friday morning, shortly after Court was
called, Mr.. $. Webster Bradford an attorney of
the ccuit, arose and said:
LAS member of tho bar, an officer of the Court
and as counsel in case about to be tried for the
violation of the local option law. feel II my
duty to call the attention Of the Court to certain
state ments published in two of the county news.
papers, which IN my opinion most seriously re-
tect up n the proper administration of justice in
THIS Court, and are preJudical to pending cases,
Mr.. Bradford then read editorial articles
from the Bel Air Times and the Hdly0rd Denocrat
of January Goth. In the former the Times sub
stautally charged that the failure to convict in
local option cases IN Hartford was due in part to
the composition Of the juries, and asserted that
"of the jurors Of the present term of court who
sG nd out for acquittal in the face of the clearet
ev .dencc Of guilt several are notorious drunKards
ar frequcnters of bar-rooms. whose presence
iu the jury box is an afront TO the upright citi-
zen, violation Of the State law and discredit
t. tho judicial administration" The Hartford
LtmOcrGrs article said: witnesses commit per-
Jury, jurors disregard their solemn obligations,
s.nd prison doors yRwn in vain for violators
of the law
Mr.. Bradford continued:
such statements. so publicly made and GO
ing out to the people OF this county, not only
retiec ion upon the Court. but also hold up the
judicial proct Gdiugs here to the contempt and
rdicue o! ali. They reflect upon the Court. as
tne jury are passed Upon by II, upon the SherlH,
since he summons the talesmen. whom these arti-
Giles say are perjurers aud unfit for the duty re-
quired of them, and upon the regular panel itself,
since in rHS S where there has been an acquittal,
such jurymcn are accused Of having committed
perjury by violating their solemn obligations
That editors who -, IN their offices anu without
hearing the evidence us given here should
deliberately publish such statements to the world
is most reprehensibIc. The members of the Jury
are ~ fair men as any we have had here, and
some protection should be given them from such
accusations. This court should take judicial
notice Of sucn contempt, and the power lodged
in ii 10y virtue of the common law gives the right
to infitct summary punishment and would call
the attention OF the Court to very recent case
in New JERSEY, in which the court said The
superior Courts Of this State, modelled after the
English courts of common law, have authority
topunish summarly by proceedings for contempt
for any words uttered, by speech, by writing or
by printing outside of the regular course OF liti-
CATION. which are designed to bring contempt
upon the courts in the exercise of their judicial
functions, or to pervert in a pending cause the
due administration of Justice
IF either of the editors knows of single case
of perjury committed in this Court by a witness
or juror. he should be compelled to go before
the Grand Jury and indict such perjurer, and
such person should be brought into this Court
tried. and If convicted, be punished with the
severest penalties of the law; or il such state
ments as published are wantonly and maliciousy
made, their authors shonld be turned over to this
Court 10 be dealt with as 1t sees fit:
Judge waters said these publications were
serious matter II was not the first time he had
noticed such comments on the court in the news
papers, and on one occasion he had called atten-
ton to them from the bench. He would not act
hastily. but would take the matter under con-
sideration. On taking his seat on tho bench the
next morning, Judge Waters spoke as follows:
Yesterday morning when my attention was
called by member of the bar, in open court, to
recent pubcattonsin two of our county papers,
promised that would do nothing hastily, but
after due 0eiberation would adopt the course
which might seem most judcious. Since then /
have carefully examined the articles referred to.
In my Judgment, the only thing left to this court
in the matter is a choice between remedies. The
organization OF our courts for the securing of
Justice and the administration of the laws, i'm
perfect as IL may seem, is the growth of centuries
foserod by the best civilization of the world.
I'VE look to our courts alone for the protection
OF our lives and our property. Without their
protection even the freedom of the press, which
we all rightly prize, would not long survive. No
greater misfortune can befall any people than
that its courts should fall into meried contempt,
and any court merits contempt which fails to use
the ample means which the laws afford for its
own protection. The powers which our courts
possess of furnishing for contempt are exceeding
ly great, aud the very greatness of these powers
should make US cautious, while firm and fearless
IN their employment. 1T is excellent to have a
giant 8 strength, but tyrannOus to use 1t like q
giant. have no )ubt whatever of the common
law power of this court TO punish summarily
the contempt we are now considering, and do
not think could hesitate to use that power if it
alone were available. But for punishment to be
effective its justice should be recognized with
general unanmty; if summary punishment
were imposed in this case probably many pc -sons
would regard it as mere arbitrary exercise of
power, and no doubt some would look upon the
ibellers as martyrs suffering for their efforts to
law.
II have, therefore, determined to refer the
whole matter to the grand jury, which shall next
be impanelcd. and then in case of Indictment the
laws OF this State secure 10 the parties accused
tho right to give in evidence the truth of the mat
ter charged, by way of Justification. Such
course will certainly result in either reforming
your court or protecting the administration of
Justice IN your county from unwarranted inter-
ference from the outside.