The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-07-26
HELD IN CONTEMPT OF COURT.
An Attorney Objects 10 Publication
of Statements I'm The WY Case.

An Attorney Objects 20 Publication
of Statements in the Way Case.
The continued monotony and drag Of
the Way Insurance cases, on trial in the
city court, was broken somewhat yester-
day morning by a little ehervescence on
the part Of Lawyer r. r. Richards, attor-
ney for the defendant. who seemed TO
think that something had been done to
prejudice his case.
Col. Way Is suing two insurance COM
panies. the British America and the West
ern Assurance Company. Of Toronto, Can
ada, 10 recover on two policies on his
house and furniture. which were destroyed
by fire in February, 1894. He is represent
ed by Mr.. John Nicols6n. Jr.
When the court opened for business Mr..
Richards called attention to an account
in the Morning News Of the proceedings
in the case the day before. What he OBJ
jected to was the publication Of two news
paper comments on Mrs. Ways Worth
dresses taken from the New York Mer-
curry, in connection with which it was
stated It was possible that they might
This, he continued. had tendency TO
influence the jury, IL being the publication
or matter before any attempt had been
made to introduce Ii as evidence, and
which was inadmssable as evidence If
IT were offered He called attention TO the
decision of Judge Harden in a matter
which he held was similar in the case
of VIM against the City and Suburban
railway. lie contended that the publica-
ton Of such matter Ia advance was clearly
In contempt of court and he insisted that
the writer OF the article be summarily
dealt with by the court until purged of
contempt He made objection also 70 other
statements in the article, which he held
were on the same line. holding that the
comments on the courts ruling We're i'm
proper. If the defendant or the defend
ants counsel were responsible for the
publications. he insisted that they be held
for contempt.
Mr.. Nicoson very promptly stated TO the
court that he had given the articles men
TONED 10 the representative Of the Morn
ing News. lie said thst he had first re-
fused to do so, ana mad only consented
that copies be made Of them at the so
licitation Of the reporter. which was fact.
For this reason, he said, he was re5pOn-
sible for their publication, though he gave
them reluctantly, being doubtful of their
admissibillty as evidence.
consider the matter. and lock at Judge
Hardens decision before taking any ac-
ton RE read his decision and order in
the matter just before the court adjourned
for the day. In the order he stated that
Mr.. Nicolson having admitted In court
that he gave the information on which the
articles was based at the solicitation of the
reporter, together with the newspaper
clippings, and assumed all responsibility
in the matter; nasmuch as the CLIPPINGS
bore upon questions in controversy in the
proceedings and were wholly inadmissible
as evidence, and he being aware Of the
doubtfulness of their admissiblity, ii was
adjudged that Mr.. NiColson's conduct was
In contempt of court as such matter might
influence the jury while the case is still
pending.
Judge MacDonel reprimanded Mr.. Mic
olson, but stated that as he had acted on
the belief that he was not at the time COM
hitting an Improperly, as he was prompt
and manly to avow his connection with
the publication, had expressed regret at
its occurrence. the court having fun con-
fidence in his uprightness and believing
that he would avoid the mistake in the
future ne ordered that the contempt pro-
ceedings be discharged by the reprimand.
Judge MacDoleu then instructed the
jury not to allow the matter to influence
them in any way, and to heed only the
evidence given under oath from the
witness stand.
The information to which the objection
was made was given and taken in the
best of faith, there being no intention
either on the part of Mr. Nicolson or the
representative Of the Morning News TO
90 Injustice to anyone. So far as the
alleged intention to create any impress
sion or effect upon the jury, by the pub
hcation, is concerned, there was none