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

modify It's previous order Of commitment It's action
upon an original application for habeas corpus
But Il Is commended that the order OF september
rS t yod as Alleged m e was mss H. ion
absence Of the petitioner IN considering this suz
gestion It must not DO f9rgo,en INA, me oress o.
DO otherwise, that II was made and entered on the
same sy on which ana a. inc NAME ssf
and there IS no claim that any more time innryened
between the commission OF The contempt ana ,he nag
prepare and enter In due form such an order
as the court upon consideration. deemed proper Or
necessary. Indeed. the petition OF september II.
made part OF the present application, shows that te
petitioner after Pc prsona conflict YIN IT,, ne marshal
ROOM and with drawn knife forced his way into
another room In tho same building. occupied by tho
executing the order above referred 20, bad removed
Mrs. Terry. There IS proience that the petitioner
the order Of commitment was passed.
The precise question. Therefore, to be now deter
from tho courtroom. into another room Of the same
building, after he had been guilty OF niscehayor n
TIC execution OF rs lawful order, defeated the jurs
dlcion which possessed, AZ the moment the con-
mcIt, without other proof than that supplied by l's
actual knowledge and view u tho facts, and without
examination or trial in any form! In our judgment
this question must be answered In the negative Jurs
diclon Of the person Of the petitioner attached n
prcscncc Of tho court That jaT,dcioa was neither
surrendered nor lost by delay on the part OF the Cfcut
occurred to immediate punishment Tho departure
OF the petitioner from 10 another room
by, IN the same building, was his voluntary acr
And HIS departure, without making some apology i9r1
or explanation Of his conduct. might Justly DO heid
to ageravate his offence, and to make It plain thai
consistently with the public Interests there could 90
no delay, upon the part Of the court In exertng its
power to punish.
T. in order to avoid punishment, he he'd absconded
or from the building. Immediately after his con-
hict with tho marshal the court, IN IT'S discretion and
or,1ar nJp for est
nortuny, before sending him to jail TO answer tie B.,
se5 case h1y be to order @ and 70
AFFECT its power to lnact instant punishment. Juris
dction to nalct such punishment having attached
not have been defeated or lost by his flight and vol
unsry absence. Upon this point the decision IN
Mddlcbrook " State d3 Conn. 269, Is iastrucrI i've
as hs I Spon another 70 open CONT The offender
Immediately left the court house and the stare IN,
attendance, and, those falling, a judgment was
entered in HIS absence, sentencing him to pay hns
OF the questions presented for determination was
whether there was o. f b nsnc Of w sss
Intentionally committed I'm the presence OF the court
When the first blow struck. thai instant the cor.
tempt was complete, and jurisdiction attached. ~
upon his being In actual custody. nor even upon his
offence was committed he in the presence and,
construcvely. at least in the power OF the court:
He may by flight escape merited punishment; but
that otherwise affect the right Of the power Of
the court Bcfolc the court could exert its power the
offender taking advantage Of the confusion. ahsen'ef
himself end went beyond the reach of the court but.
nevertheless. the Jurisdiction remained. and II was
deemed advisable. leaving the action TO be enforced
and the sentence carried into execution whenever
ticre might be an opportunity 10 do 81. IL " was
necessary that the judgment should be preceded by
trial, and the facts found upon judicial hearing as
with ordinary criminal cases. Il would he otherwise
But in this preceding nothing of the kind was r.
quired The Judicial eye witnessed the act ana NC
judicial mind conprchendcd all the circumstances ~
mitigation.
being thus iudcally established II only remained ior
the judicial arm 10 insct proper punishment" !,
true that tho present case differs from the one Just
cited IN that the offender did not atempt By Hight 10
escape punishment for his Offence. Bnt tha f CIR
Court without trial or further proof 10 infct instant
punishment upon the petitioner for the contempt com.
mted In IT'S presence. II within the discretion ~
that court. whose dignity he had insutcd, and whose
authority he had openly defed. TO determine whether
coed at once TO punish him. postpone action until
he arrested upon process: brought back INTO its
presence. and permitted 10 make defence. ANY aDuse
II that discretion would BE- at most an irregarity or
error, not affecting the jurisdiction Of the Circuit
Court
We have not overlooked tho earnest contention %
petitioners counsel that the Circuit Court I'm disregard
absence Of the accused. and without giving him any
notice Of the accusation against hin or any OPP
and pronounce judgment. and TO order him to be
imprisoned this. for alleged offence committed az
time preceding. and separated from me com,
settled doctrine in the iuris prudence both OF Eng
land and Of this country never supposed 10 be IN con-
dict with the liberty Of the citizen. that for direct
contemps committed in the face OF the court az least
Of superior jurisdiction the offender may. in its
discretion, be instantly Appreciated and Immediately
mprsoned without trial issue and without other
proof than It's actual knowledge Of what occurred and
that according 10 all unbroken chain Of authorities.
reaching back TO the earliest times. such power al
though arbitrary in IFS nature and liable 10 abuse Is
tho discharge Of their fnc TONS. Without IT, judicial
tribunals would be at the mercy OF the disorery and
violent who respect neither the laws enacted for thu
ViOdiCaffOn
officers charged with the duty Of administering them.
To say I'm case OF contempt such as Is reced IN mo
order below that the offender accused. tried. adj
judged 10 be guilty. and imprisoned. without previous
notice OF the accusation against him and without an
gumcnt protest against investing any court. how
ever exalted, however extensive ifs general jurs-
dction with the power of proceeding summary, with
out further proof or trial. for direct conemps conf
mtci I'm its presence.
ton Of the present case 10 say that the petitioners
offence committed at time preceding. and
separated from the commencement of his prosecution
His misbchavOr in the presence of the court, his
voluntary departure from the courtroom without
going few steps. and under the circumstances de-
failed by I'm, into the Marshals room In he same
the order Of the commitment, took plare substantially,
IN the same OCCASION and constituted. I'm legal effect
continuous complete transaction occurring on the same
day and az the same session OF the court The luris-
dctcn therefore, of the Circuit Court to enter an order
for the offenders arrest and imprisonment was as full
and complete as WHEN he was I'm the courtroom In the
immediate presence of the judges.
whether the tlI,Ut court NOulq nave nai mo
power at subsequent term. or at subsequent day
OF the same term TO order his arrest and imprson-
ment for the contempt without first causing him TO be
brought into fits presence. without mang reason
able efforts by rule attachment 10 bring him into
court, and giving him an opportunity to be heard be-.
fore being fined and imprisoned. IS question not
necessary TO be considered on the present hearing
The application for the writ o habeaS corpus is de-
MED
Mr. Justice Field took no part in the decision Of
this case.
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