The herald., 1896-03-03

have at stake. I have no other object, as
long as am called to preside over court
in this country, than to see that the admin
istration OF justice proceeds properly and
i'll due fo.m, and that the dignity and the
propriety that should hedge in court are
preserved. If I did not do that would
count myself entirely unworthy OF the jul
d cial ermine. | would count myself a
coward and a poltroon. 1t is the duty of
court to see that the administration OF just
ice proceeds as it should proceed, and with
due solemnty and propriety, and that
nothing should be tolerated that tends to
degrade or break down the courts of our
country.
Hence, when it came to my ears that
such a matter had occurred in this court
room | was shocked; l was astonished; l
could not believe it. And what made the
people who were here III this court room
and heard that scene were averse to telling
me about it-absolutely averse to opening
their mouths at all until I absolutely COM
manded them to. said: ut 10 your duty,
and I demand that you tell me what oc.
Cured there" And finally began to get
at the whole of the facts; and to say that
look upon 1t as a most violent and most
atrocious and outrageous attack upon Q
court, would be drawing it very mildly.
differ with you gentlemen upon one propo.
sition, and that is that it was not in the
view and presence of the court. l know
what our statute says and how it reads, but
the courts have held that any room con-
nected with the court room that 10 used for
the administration of justice, and whether
the judge is in one or the other OF those
rooms, that whatever occurs in those rooms
is in the presence and view of the court.
The court had not adjourned at that time.
had simply retired to my chambers with
my shorthand reporter to inform myself
upon testimony that l was In doubt about.
So hold that it was in the presence OF the
court as contemplated by our statute. To
say that when the judge leaves the
bench and retires to hiS chambers,
as we are situated here. that any
person, whether a spectator, lawyer,
or an officer of the court, can Immediately
stand up, and in the presence of the people
who have been listening to the contention
aud the arguments, and in loud and
angry manner, and in a threatening tone.
denounce that judge-well, 1t is conceded
by counsel, and it is not contended that it
could possibly be tolerated. have this to
say. gentlemen, that if any apology could
satisfy the ends of justice, it has been made.
Do not understand me to think otherwise;
it has touched my heart. Personally,
would not have asked for quarter Of it.
want no man to get down and knuckle to
me. l despise any spirit of that kind. l
do not want anybody to do that to me, but
it In proper that it should have been done
here to justice, and to the administration
of justice, and to what the individual rep
resents who sits upon the bench. 1t is not
to me personally. 1t is to the court; and
all lawyers know that the court and the
judge are two quite different SUBJ
jects. So it is proper that such apology
be made to the court, but as far as myself is
concerned would not ask that any man
who had done me a personal injury should
go so far. Personally, if man had done
me an injury, and showed a penitent dis
position, i would go good deal more than
half way to meet him. lwould do it with
pleasure. There is another matter that
could not help taking notice of which APP
peared in the newspapers, and am
bound to take it as prima facie state
ment as true. 1t ID that tle respondent
has. expressed himself most bitterly
court"
Mr.. Williamson want to state right
here that have no animosity of that kind
to the gentleman who informed against
me. have no feeling nor animus toward
him, whatever tho newspapers may say.
The matter is buried with me forever, and
all matters pertaining to this will be for
gotten as far as l am able"
"What was going to remark upon that
point is, the view the court takes of it. All
parties who have anything TO say in that re-
gard have done so most reluctantly, and
none of them more SO than the man who
made the affidavit He made the affidavit
at my instance and request. i told him it
was his duty to state the facts as he re-
membered them in an affidavit, and it was
under those circumstances that he did SO.
Now, hold this: That any interference
with any man or any party who was dis
charging his duty in informing the court of
what had transpred hece and who was as.
sisting in any way in bringing this matter
properly before the court, was acting in the
discharge of public duty, and any at
tempt at intimidation or threat or overt act,
in any way tending to oppose such action
is an unlawful interference with the ad-
of justice. and the worst con-
tempt that possibly could be committed in
the presence of this court"
''If you knew how unpleasant it is to me
to entertain scenes of this kind. Is it pos
sible we have to meet them? Is it not
possible to proceed with the adninistra-
ton of justice here and attend to the bus-
ness in business way? The court has to
decide propositions, and take it, as Mr..
Gage has suggested, somebody is on the
losing side, and the court cannot decide
both ways. Every proposition that comes
up has two sides to it, and the court Is here
to determine them, and you cannot always
agree with the court. / know I never could
always agree with the court when I was at
the bar and OH the losing side, but that is
not reason why there should be any DEM
onstration made against courts or against
the administration of justice. think the
remarks of Mr.. Gage were exceedingly ap-
proprate. All such things tend to degrade
and drag down the courts in the eyes of the
people and tend to the weakening of our
institutions"
$50 take it that the sentiment shown
here on the part of the respondent for the
great error he has fallen into. and the apol-
ogy is sufficient and could not have been
any more satisfactory. and cannot find it
in my heart to ask anything further. I
simply want to vindicate the law in these
matters of justice, and if that is done am
very fortunate and very glad of it. am
Inclined to think, and it is my judg-
ment,, that the matter has been
the dignity of the court and the law
dicated, and, if SO, do not believe the inn
position of fne of matter of few dol
lars would amount to anything. If party
IS sensible of his folly and confesses it
what more can you ask, please tell me?
What more can you ask? Would fine do
any good? say no. l am inclined to ac-
cept this statement and this acknowledge
ment on the part of the respondent. He is
a member of this bar, and I am inclined to
dismiss this proceeding upon this apology,
and it is so ordered"
DR.. Price's Baking Powder routs its
rivals every time by superior merits.
THE SUPREME COURT