Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1888-11-13
Ex-JuDop THRav CONTEMPT.
The Supreme Court Refuses to Grant
a rttoC EHsbeas Corpus.

rBy telegraph % She Dspathl
WteuNGr0r, November l2.-'rhe Su.
y.rtme Court today rendered an adverse dc.
,..Ion in the somewhat celebrated case ot
,y-Julre Terry, 81 California, upon hi' ap-
r..lton for a writ Of hGbca9 corpus, IN
,.hch me alleges that Dee j. uolewiully Inn
t-..uuDd under an order ~ the United
..st,, Circuit Court FOR the Northern dis
t,.rt - California iu the isil ~ Alameda
county. After presenting The case made by
fc application The decision says: The
ground. uo0n which the petitioner claims
t.e circuit Court was without jurisdiction
Oh make au order committing bin 10 Jail
mr:
That the order vqs made in his absence.
b. That u was made without h's having
guy previous notice ~ the intention ~ the
Court 10 take any steps whatever in relation
o. the matters referred to in the order.
g. That 10 was made without giving him
auy opportunity ~ being first heard In de-
f.uce OF Tie charge, therein made against
bun.
.,Tbe second aud third oi these grounds
Nc Court dismissed ~ immaicrial IN any
inquiry which this Court IS a. liberty upon
this ORIGINAL application 20 make. For upon
the fact. rccited in The order OF commitment
slowing the csse Of contempt committed IN
t.p face OF me Court, " hlch tended To de-
,.roy IT'S authority and to cmb0rraSs and obs
fff,cf its business beg violent methods, Tee
petitioner was not entitled Of the absolute
r'rht either to demand trial or notice hy
Che rule of The Court, intention % proceed
ftmn,i him or 20 any opportunity ~ make
81 formal answer 10 the charges contained IN
tOs order of commitmepi.'
The decision saws DO is undoubtedly TIE
general rule thgi the sentence pronounced
D. .Eu n
ewing him sn opportunity ID he hcafd-i'
u.ta indiciqI determination ~ his rights,
end i- not entitled 10 respect In any other
frIIAsi, lut declares Mat there is another
lr,Ia which iscCullly vital 10 personal liberty
AVID to the reservation u Organized society.
3. Issrclati1n tO q class Of coutempt- which,
Icing committed 90 tho face 81 court, im-
r.Ive purt o>r 90 destroy IFS authority or 10
iI.ult or e. iptimieatr those charged WITH
th, duty oi administering the law. Nume-
Ylus authorities and prcccdcnis are cucd'
upnu which The decision con ludes mat u
,.l, coupctrnt for tso Circuit Court innc-
c.fry rpou the commission 100 ITS prcscnce
AZ ile contempt reutcd 10 rs order oil sep
tcmbor g. 1883, 90 proceed, upon ITS own
lnawI,I-t 81 facts, and lmpr@on the ole
fender without further proof aud without
i..u.. ortri.l 100 auv form, and says;
eli VA. not bound 10 boar 'uy cNplana~
fi.u NJ hi. motives % il was satisfied, and we
must conclusvely presume 10 was satisfied
from what occurred under us own eye anl
within IFS hearing. AVID tha, the ends OF JUS
flce demand mmci.lie ac.ion, and that NO
rvoisrqtion could mitigate his offence or DIS
prove the fact that Doe bad committed sucn
ronttmut @, deserved instant punishment
Whether thc facts really Justified such pun'
f.hr,nt was Tor iht Circuit Court to de-
f.rmine. lfs conclusion upon such iacls Is
rot open 10 inquiry or review IN TINS coua'e'
raj proceeding. .,c.
A. to the atlirms ion that the order oi SEN
t..aher SD was VOID because II was mace ia
sae absence OF the petitioner, the uecis'ou
fsS.:
..pbe Jurisdiction 81 the personal 81 the
,..titioocr attached instantly upon contempt
i,ine committed iu the presence OF tue
C.nrf That Jurisdiction wes not surrcn-
d,rpd. nor w., 70 lost by any unrea'ohanie
e.iqv In exercising the power 10 piu''eu'
,,ithout notice and Irooi, 90 immediate pun
ishm,ur. The absence OF the petitioner itom
f,e courtroom, iu auolhcr room nesr 10y IN
H. same building, at The time tue
order was made was ms NnluuNll
49, The petitioners hishtuHIl"1
fo Zinc pr.seuce Of the Court, bis voluntary
l.,,fp, The courtroom, his gong INTO tue
r,,rsbs'. room, aud the making OF t"o
,.rr,r Of commitment was in substance one
,..,...ion. Ttcy constituted IN legal thtct
on. c,ofinuou. complete transaction, and
g.. infi.dtction of the Court to enter an or
drr for nae offenders arrest snd imprSon-
raeni vas as full and complete as when nc
VA. IN the court room ia me iWmeVlA'o
presence ol TOE JUDGE" NIL.
Tue decision Vas by Jusuce liaIlSh'