Omaha daily bee., 1894-03-25

home every night and hear the same thing
along the stree and get the same thing
from every soutCh, but / can't bring those
fellows up for col Tempt. Now, when I say
that mean jq4tY what | say exactly. An
attorney at lawfh part OF the court-a sworn
officer OF the court. who will go out on the
street and talk that he is going to remove
the judge-he should resign, fer we are going
to remove him anyways II no could undo
what the people have done. The people run
this country. arb rule u, but In this state
sometimes they Overlook that fact,
A terrible state Of things for one member
OF the bar to 10 and raise general havoc
with the court because he don't like the
Judge OF the cotFt; that would be a terrible
thing. But 1t don't annoy me a bit, not a
bit. | am perfectly easy. | have not missed
n meal in two years, nor lost a wink OF
sleep, and | don't intend to, and / am going
to serve my term aut. Do you understand?
Here Is a case published in this Gath llli-
nois which says this: That there are two
kinds OF contempt. direct and constructive.
A direct contempt is one offered in the pres
ence of the court, while sitting judicially; a
constructive contempt, one which tends TO
obstruct or embarrass a court, though the
act be not done in its presence. The pub
LEGATION of an article in a newspaper at a
place remote from that where the court is
being held, concerning a case pending in
the court, which had a tendency to either
prejudice the public or corrupt the admins
tration OF justice, influence the court by a
Nll "a DOluld ldlllu VI u nv "a Nhl
tribunal, party. jurors, witnesses or the
counsel, held, contempt of court, and pun
ishable as such by process OF attachment.
Mr.. Simeral-That case has been over
ruled, your honor.
The Court don't want to hear from you.
Will you keep stills
Mr.. Simeral-Yes, sir.
The Court-Well, do 1t. You annoy the
court by your clatter. V
The honorable court here read two decis-
inns on the question of pOntpmDt and then
continued his discourse as follows:
Can there be anything palmer than that?
If this is true. what criminal can come in
here and feel that after being convicted,
either upon a plea or by a jury, that his in
generation, or whether he should be in
carcerated or not, depends upon a pull he
has or might have with the court, to corrupt
the fountain of justice in the court? What
man would come here, with this state of
things, and feel for one moment that his
life. his liberty or his property was safe in
such a court? The fact that the convention
which framed the constitution had the sui
ject of contempts before them and placed
a limitation upon the legislature. but none
upon the Judiciary, to punish CON
empts warrants the conclusion that the
courts have a right to exercise such common
law powers as might be necessary to preserve
their authority and enforce their legal pro-
cesses or Judgments and DEGREES. The citi-
zen has a right to comment upon the pro-
c%eedlngs and decisions of a court to discuss
their correctness and fitness Or u%ntitness
of the judges for their station, but he has no
right, under the second section of the bill
of rights, to attempt by libelous publications,
to degrade the tribunal. Such publications
would be an abuse of the liberty of the press,
for which he is responsible.
If | let this thing pass by, this court would
merit the unutterable contempt of every
member of the bar. and of every man who
appears here as a juror, of every witness.
and of everybody else that appears here in
this co~urt--would merit the utter and in
eXpressible contempt of the people, because
leaving leaving that go by when 1t is ad-
dressed to the court. is an admission that
the court has no defense to make.
The honorable court then relieved himself
of a personal attack upon the defendant and
then continued his learned dissertion as
follows:
OF course you understand that l am not
saying these things with my eyes shut, at
all. | know JUST what | am saving. and I
know what the iEeshlt will be, as well as
anybody. l know that the mud mills are
now being prepared and will be turned loose
within the neXt@fdnr or, five weeks. Well,
you can turn on your mud mills, and nobody
is one thing certain. l don't care who the
reporter is. l don't care what paper he re-
ports for, If l carch him lying about the
court. or reporting a lie, he will stay out of
the court room. and II he does come in, l
can say that this court is. going on running,
and it is going to be protected. l have got
the power to protect 4, agd.4 am going to
exercise 1t. You can just as well under
stand that reporters who come here and un-
dertake to NEEDLE with facts in cases here
after, and write libels upon the court. or
undertake to influence jurors against at
torneys, or reflect upon attorneys who are
trying cases in this court, will be brought
up, sure.
Thejudgment of the court Is that the de-
PENDANT is guilty of contempt.
Mr.. Simeral-We want your honor to note
an exception.
The Court don't note exceptions, sir; the
reporter notes exceptions. Mr.. Percival, have
you anything to say why sentence should not
be pronounced against you now? Stand up
here.
Mr.. Percival-I have my attorneys here; 1
want my attorneys
The Court won't hear them; l want to
hear you. l d. .at.
Mr.. Percival-I have nothing to say.
The Court-You have nothing to say?
MIR. S!meral- VIII your honor hear coun-
Gil? | think | can convince your honor that
the man is not in
The Court have already decided that.
Mr.. Simeral-And that the law is with the
defendant
The Court have decided that, too. Mr..
Percival, did you write. this article of your
own v%Olition?
Mr.. Simeral-You need not answer that
question.
The Court-You tell him that again, sir,
and l VIII have a contempt against you.
Mr.. Simeral| am here appearing for the /
rights of my client
The Court-You have been itching to get
into Jail yourself.
Mr.. Simeral-No. This gentleman is my
client
The Court-Mr. Bailiff. call the sheriff. |
If this man interferes again, you put him
under arrest. You cant run this court worth
a cent. Mr., Defendant, did you write that
article?
Mr., Perciyal-I refuse to answer that ques-
ton, your honor.
The Court-Take that down, Mr.. Reporter.
Why do you refuse to answer?
Mr.. Perciyal had turned to speak to his
attorneys. ,
"Mr, Percival, come back here shouted
the honorable court.
Il want TO warn you against advising
him to do this" shouted the honorable
court to MIR. Simeral, who was holding II
hurried whispered consultation with his
client.
Judge Duffie-If your honor please. l am
here as attorney for this defendant
The Court understand that, judge, !
understand that L. understand exactly the
situation. Sit doWn4ia moment and | Will
explain this to yoHptf
Judge Duffie-Tha e9urt has already found
this defendant gultN+- |