New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-02-15
r1,E LAWYERS IN CONTEMPT.
,copnrR sMYTH SPRINGS SURPRISE.
,,ovrs AGAINST MEssRs. GoFF AND JEROME

~ MOVES AGAINST MEssRs. GoFF AND JEROME
TWO YEARS SENTENCE FOR GARDNER.
,..orasr smyth IL General Sessions, yesterday
.ancsd Charles ". Gardner 10 states prison Tor
- vsars and directed his lawyers. John w. Con
n,pam Travcrs Jerome, to show cause 90 Mon
INV unv they should not be punished for contempt
Joy ~. Those who knew the Recorder best felt
VI no would take some step against the attorneys
u ~. action caused much excitement In the court
,oou nevertheless.
when Gardner was called 10 The bar Tor sentence
49, ca arose and said The defendant moves for
v trio on the ground OF insufficient evidence. and
a.. the Jury dlsregsided Your llonors Instructions
a. .asons are based on tho second and fifth charges,
90 .bo effect that II the Clifton woman voluntarily.
,.bort fear gave Gardner the $50. then it was not
.r,on or attempted extorticn. also move for
r trial on the ground that the Indictment charged
80 .1ence and the evidence went TO show that II any
AS committed IT was compcunding "A misdcmeanor."
recorder Smyth denied the motion. lie told
Gardner that an Intelligent, unparalleled jury had
sornd him guilty OF Of the worst and mcanest
.u.s known TO law. and sentenced him TO States
,ri,on for two years. the maximum penalty for tue
,nm. OF attempted cytor'ion.
Thcn came the startling part OF the proceedings.
m. Recorder. looking at MIR. Gof and Mr.. Jerome.
Ia. At this time the rights and interests OF this
I.,.ndant cannot be affected BY any act which the
csnrt deems necessary 10 taRo IN reference 10 your
,,nduct during the trial OF this The law
.uthodzes every oolrt Of record 10 take summary
m.asurcs whenever its dignity authority is deted
=, whenever counsel or any other person IS guilty
a, conduct which in any way tends to impair the
administration Of public Justice. In my opinion
hudne the trial Of this both counsel were guilty
A, such conduct as brought them clearly within the
n,uisons OF the statute. conld have deprived the
deypdant Of the aid Of his counsel but the fault
liz. 7 how Hacfd al 10 f,llo thA M
exChIef Justice Davis in the case OF the People
srsinst Tweed, when counsel were ad1udged guilty
NJ conduct imrarng the administration OF justice
propose now y proceed utder the provisions of the
statute 10 take what action deem necessary for
punishment for contempt"
The Recorder then read the specifications. There
we're four against Mr. Go and against Mr.. Jerome.
The first against Mr.. Goff based on this dialogue,
which occurred In the examination of a witness
The Recorder-I will allow him (Mr. GofD To 60
. little longer
Mr. Coil object 20 Your Honors remark that you
will let me go little longer. submit 9th
spect that have right TO crossexamine the witness
Tho Recorder-The Court has not saf1 you could
not. On the contrary, when the District-Attorney
objected the Court said 1t would allow you to SO
q little longer.
Mr. Goh-That is tho remark objected to. Your
Honor-saying might go on a little longer.
The Recorder-lou may take your objection TO that
remark and your exception TO IT, 60 on with some
business.
Mr. COIL object again 10 Your Honor's remark to
me to 20 on with the business; am going on with
the business In examining this witness.
The second specification told OF Lille Chfton's tes'
trying she had Captain Devery on october 10.
tn. Recorder reminded the defendants coun
eel that the witness had before said tnat
the date was November 81 Mr.. Golf SAID We
object 10 Your HoDOr's refreshing the memory OF
the witness BY an observation from yCur minutes
The Recorder explained his remark and said: =" am
not refreshing the witnesses memory. and have no
desire 10 do 30, and you have no right 10 say that
Mr. Gon replied - ! have right. and II IS manifest
here and j do 1t with respect" After further words.
Mr. Goh again declared that the Recorder had re-
heshed her memory.
The next specification related to Mr.. COTS resisting
BY force the effort Of two court officers TO raise
instructions. The last one Mr.. COTS remark
that the Recorder had remarkable memory which had
enabled him in the course OF said trial TO suggest
many things 10 the counsel for It's defendant which
proved prejudical 10 the defense. and wllch had like
wise resulted in his suggesting points to the repre-
sentatves Of the prosecution in favor Of the prosecu
ton.
Mr.. Jerome was Charged with participation in the
resistance 10 the effort TO bring Garaner 10 his feet
Hoth lawyers said hey meant dsrespect and apollo
Ezed sincerely. Mr. Jerome said he told Gardner 10
Mr Con said that In the incident he was following
decisions Of the United States supreme Court and the
supreme Court Of Georgia. The Recorder said that
ue subject should come up again on Monday.
Frank Moss secured q stay for Gardner from Judge
Andrews, In the Supreme Court.