The herald., 1895-06-25
NIX. GIBBONS SPEECH
A Magnificent Effort by the Able !

intention to show contempt for any law
or any court, or officer created by the
law, and it appears TO his attorneys
that the honesty of his purpose and his
freedom from any intentional offense
could not be more fully shown than by
a plain statement OF the considerations by
which no was actuated in doing the
things complained of in this contempt
proceeding. And with the courts per-
mission desire to call the courts atten-
tion briefly to another matter which l
submit should have great influence with
the court in determining the character OF
his Judgment in this case. The defendant
says in his affidavit that when he entered
upon the attempt to procure himself to be
incarcerated in the insane asylum at
Highland for the purpose of investigat-
ing and reporting upon the manner in
which it-a public instiJution-was being
conducted by the officials and employees
charged with its care he had in memory
number of similar investi cations which
had been made in other parts of the
country and were productive OF great
good in discovering and correcting grave
abuses in the management. The recital
of few such instances which ] have been
able to call to mind will probably show
the court more clearly than any other
words of mine can, how commendable
his motives have been IN endeayoring to
follow such precedents.
In the year 1889 the Pittsburg Chronl-
cl. had one OF its staff procure himself
to be incarcerated by due process of law
as an insane person in one OF the princl-
pal insane asylums of the state of Penn
sylvana for the purpose of invest sating
its management. Fearful abuses involv-
ing the care Of the unfoItunates who were
confined there were discovered and their
subsequent exposure through the columns
OF the Chronicle led to the discharge of
the superintendent and to a complete re-
organization of the asylum staff.
The New York World mad large asy-
lum of that state, Bloomingdale, | be-
lieve it was-investigated by, one OF its
reporters. whose confinement under the
guise OF insanity was procured. The pub
lication i'll the World of the facts so OBJ
tanned, exposed great maladministratlon
and outrageous treatment by the manage
ment of the inmates. and resulted in the
removal OF untrustwoIthy officials and a
reorganization of the institution.
A few wears ago the San Francisco Ex-
aminer caused one of its staff to be regu-
larv committed TO the state insane asy
lum at Stockton by just such proceedings
as were attempted i'll this case, and the
result was an expose of shameful abuses
in the management charged with the care
states charity. and the adoption of many
salutary changes and reforms.
The same paper, only few months
ago, exposed, and by exposing ended. a
most corrupt and deplorable adminstra-
tion of affairs in home foI inebriates
maintained in the city Of San Francisco
by having one of its reporters regularly
committed to it in the guise of a con-
tirmed inebriate.
The New York World few years age
had reporter sentenced to the Ludlow
street Jail in that city by due process OF
law and his investigations as published
in that paper informed the public OF out
RACES perpetrated upon the inmates by
those in charge, which demanded and re-
ceived correction by the working of radi-
cal reforms in its management. One o.
the great Chicago papers, | do not recal
whether it was the Herald or Inter-Ocean
of that city, by procuring one of its staf
to be sentenced for pretended felony
as | remember it, to the state penitentl-
ary at Joliet. was enabled TO give to the
public such an accurate account of outrage!
and abuses in its management as produ
ced a perfect storm of public indignation
against the wrongdoesrs and resulted II
having them removed and an homes
management put in their stead An in
vestigation on the same line of the poor
house or paupers' home near Albany. n
Y, was prosecuted by the New Gorl
World not long since, with the usual re-
suit of Investigations of this kind, which
are neither anticipated not prepared fol
by the parties unde" investigation, and {
radically changed and improved manage
ment was the usual result Of the usual ex
pose. These are only few of many in
stances of the benehcent results OF suci
investigation as was attempted by thi:
defendant. And | will ask the court tC
l. all Nf Lao i,,u+ it,,,t ,t.,,,.
that [ have named were, pri or to thes,
investigations, regularly investigated b,
the authorities legally constituted for tina
purpose, and as regularly pronounced ir
excellent condition. And this when th,
managements were fostering with abuse
and corruption, whose results upon th'
unfortunates subject to them were il
many instances heartrendlnG IN the pail
and suffering inflicted
Indeed, so common has it become 70
such unlooledfor and unexpected investi
cations to disclose abuses and wrongs tha
have escaped the notice and knowledge o
the regularly appointed commission ant
boards of investigatio MS which the Law
provides, that it has come to be said tina
such voluntary and informal investiga
| tons are about the only ones that eve
really investigate as far as arriving at tin
| real and uncovered truth goes. In fact
| the effort to meet public necessity ant
| answer public demand for the truth il
such matters has caused such inquire
| by the leading journals of the country
| and become matter of most frequen
occurrence. Only short time ago lead
ing journal of this city which ha
achieved a most enviable reputation fo
| fearessly seeking out and honestly expos
| ing wrong and abuse OF every kind
refer to the Los Angeles Tim es-hat
what it considered reliable Information
, OF the existence OF an institution in thi
| city whose influence was dangerous t.
| the morals of the community. 1t pro
cured an investigation, as l recall it, b,
| inquiries conducted upon similar line
| to the instance that | have recited, saw
that it did not require legal proceedings
and gave the results to the publi
through its columns.
| Thus we see that in many instances il
the past such investigations as that upol
! which this defendant EN- mbarked have re
| suited in great good to the public servic
and the cause of humanity. And al
though in nearly every instance tn
courts or the proceedings prescribed b
| law have been made to lend themselve
upwittingly to the search for the truth
| no court or tribunal which has been thu
used has ever, so far as | am advised
| considered its dignity invaded by havin
been SO made use of, or found it neces
sary or proper 10 attempt to punish an
| person tor acts which so evidently ha
| Tor their object the accomplishment c
| IL. uI