Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1890-02-25
DISCHARGED.
Judge Keliy's Decision in the Gary Con
tempt Case-PersOnal.
fenecIal telegram . tne Dispatch.l


ABrvGpoN. Va. February 2L-Perhaps
The longest term Of the Circuit Court ever
held IN this county closed here Saturday
night. The court began the first Monday
il January. and with the exception OF
about ten days was in continuous session. \
large amount of business was transacted.
Ihelast case decided by the Court, andper-
haps the most interesting To the press, was
the contempt case against George W. Gary,
editor of the FTyai0H. The case was
called last Friday. Tho Commonwealtn's
attorney, Colonel John c. Summers. prose
cuted the rule and Mr.. Gary was repre-
scented by Judge x. NJ. Page and Cap
tain James l.. White. The defence
moved to discharge the rule on
the ground that the Court did not
have jurisdiction 10 try the case.
The case was argued at conSlderablo
length and submitted 10 the Court Satur-
day evening. Judge John 4. Kelly. after
rendering an able and exhaustive opinion,
reviewing many OF the authorities on the
question IF contempt. discharged the rule
The following is bEcf synopsis OF the
Courts opinion: The rule against G.. ~
Gary was based on an affidavit to the edocl
that the dcfeudent published an article IN
the Abingdon Weekly VTgniGH, OF which
he was editor, fayoring the bmilng OF J.;
A. BursOn, marked the article, and caused
it 10 be sent TO Judge II. :. II. Morrison,
who was holding term Ofthe Clrcnt Court
at Abingdon, at the instance Of the
father Of l.. 4. Burson. The fact that the
papcr was sent L. judge Morris0n's room
at the COllOnade Hotel during the re-
cess of the court was admitted by the
Attorney for the Commonwealth prose
cutting the rule and by the counsel for Mr..
Gary for the purpose of raising the ques-
ton of jurisdiction. and thereupOn the de-
PENDANT moved the Court TO discharge the
rule for want of jurisdiction upon these
facts. The Court was of the opinion
that the facts did not constitute such a
contempt Of court rs under the statute the
Court could punish summary whatever
might have been the power Of the Court
at common law. That at common law the
Court would have the power to punish for
contempt in this case and IN other
cases Of articles that had been
written about the Burson case, but
that the Virginia statute bad limited TINS
power to punish summary TO acts done
in the presence of the Court or so near
thereto as to obstruct the administration
of Justice. To do an act III the presence
of the Court must be done during the
sitting Of the Court. and III some part OF
the place set apart for the use of the court,
its officers, jurors, and witnesses. Tho
facts. therefore, on which the rule was
based did not show such an act as under
the statute could be summary punished
as contempt. The Court therefore dis
charged the rule, saying that admitting
the facts of the affidavit to he true the
conduct Of Mr.. Gary in sending marked
article of his paper to Judge Morrison was.
TO say the least, indiecreet. Mr.. Gary's
explanation of his conduct has already APP
paared in the Disp1'ct, and a the rule was
discharged on demurrer he did not tes-
tIfy IN tho case. but when the rule was dis
charged his counsel arose in court and
said that Mr.. Gary did not know the artl-
Gle was marked when he sent 1t to Judge
Morrison.
Rev. p. d. Stephenson, pastor of the
Presbyterian church at thus place, IS quite
sick.
Rev. s. TAYLOR Martin, ID. D., Of Hamp-
den-Sidney College. filled Mr.. Stephenson's
pulpit yesterday both morning and night
in a very acceptable manner. Dr. Martin,
accompanied by his wife and little daugh-
ter, is visiting his daughter, Miss Annie b.
Martin, an accomplished teacher IN that ex
cellent institution of learning, Stonewau
Jackson Institute.
DR.. william W. White is also quite i'll
with Q relapse of la grippe.