The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1896-04-30
Editor Elan, of the New Daily Pilot, In
the MesheS of the Law.
FOR LIBEL AND CONTEMPT OF COURT.
The New Daily Pilot Also Indicted on
Two Counts, Charged with the Same
Onenses-Judge Portlocl's Charge
to the Grand Jury n Thoroughly
Interesting One-The MARS case.

Barnes. John r. Simpson, y. ]. Newton.
j. 9. Flemmng, Isaac Bunch, Isaiah
Brothers, NJ. j. Miller and w. H. Will
son, was sworn in the County Court this
morning to consider charges against w.
G. Elan. editor of the New Norfolk
DAILY Pilot, and against that paper
which were presented by the Common
wealth's Attorney. The grand jury
brought in two indictments against Mr..
Elam-one for libel and one for con-
tempt of court-also two against the
New Pilot Publishing Company on like
charges.
This action was brought about by
THE statements made in an editorial
article headed "A 'Reign of Terror"
which appeared in the Pilot of the 23d.
Judge Portlock, after empanellng the
jury, delivered the following charge:
Gentlemen of the Grand Jury:
The oath which you have just taken
serves In large measure as a guide
to you in the exercise of your high
functions as grand jurors.
You were sworn to diligently inquire
and true presentment make of all such
matters as may be given you on charge,
or which may come to your knowledge
relating to the criminal laws of this
Commonwealth; that you will present no
person through prejudice or i'll will, nor
leave any unpresented through fear or
favor.
At the suggestion of r. c. Marshall,
the Attorney for the Commonwealth of
this county, you have been summoned
here to-day as u special grand jury for
the purpose of inquiring into and re-
porting specially to this court the result
of your Investigations touching an al
legged malignant, groundless and outTag-
eous attack upon this court and its grand
jurors in an editorial published In the
New Daily Pilot on the 23d day of April.
1896, as appears from communication
addressed to this court by said Com
monwealih's Attorney, and which is as
follows:
Portsmouth, April %, 1896
"Hon. William n. Portlock. Judge Nor
folk County Court:
Dear Sir-My attention has beenc call
ed to an editorial published in the New
Daily Pilot on the 23d instant. headed
Reign of Terror, in which this court
and the grand jurors thereof are maiign-
ed and vilfied most outrageously. l,
therefore, call this matter TO your at
tention and request that special grand
jury be summoned for Wednesday. the
Goth instant, to pass upon the same. a
copy of the paper with the article re-
ferred 20 Is lnclosed herewith. Very
respectfully your obedient servant,
"R. C. MARSHALL,
"Commonwealth's Attorney.
That portion of the editorial referred
TO in said communication reads as fol-
lows, viz:
"a REIGN OF TERROR.
1.-The Milars gang has unquestionaoiy'
with Its allied roughs and its co-9perat-
ing legal authorities in the county OF
Norfolk, created reign of terror In this
city and all its neighborhood. IL. d.
Mars, the head devil Of the gang. has
made three murderous and cowardly as
saults within q brief period. two of
them upon policemen of this city and
third upon a quiet gentleman, pro-
lessor in the Norfolk Mission College.
who had the audacity, at the call OF the
law, to testify against him. his gang and
his den.
"With Mars other ruffians have COM
emitted assaults in this city. in Ports
mouth and the adjacent regions. and al
ways these assaults have been upon the
police OF this city. or the witnesses
against the gang. or on persons known
to be friends to Reform and Reform gov
eminent. The last assault. that upon
Professor Morgan. of the Norfolk Mis-
sion College. may result in murder; but
IN this case. it Is said. Nlars was seek
ing a police commissioner Of this city.
and. missing him, he expended his ven
geance upon Morgan.
THE worsS feature In the matter Is
the aid and comfort that are openly and
outrageously extended (under color Of
law) to Mars. his gang and his allied
DULLES by the authorities of Norfolk
county, including magistrates, grand
jurors and the county court. all of these
actively, zealously and unblushngly act
ing together to deliver Mars Especially
from the just grasp of the authorities
CT Norfolk city, not that these county
authorities may themselves punish
Mars. but that they may shield and de-
liver him, and keep him at large as a
terror to all law.abiding people and to
all who would put down lawless dis
order"
1t will be your duty. gentlemen, after
mature elaboration to determine wheth-
er In your judgment this amounts to n
contempt of this court and It's grand
Jurors and libel upon the same.
Since the earliest establishment OF
courts of justice, the law has. In the
interest of society and good government
sought to protect these institutions
against such unjust attacks as tend TO
Dring them intu contempt and prevent
the proper administration of justice.
The law upon this subject Is Of i'm
memorable antiquity and there is no
period when 1t did not exist
The Legislature of Virginia has, how
ever since an act passed In the year
1881. deprived the judicial department
OF the right, in the case OF constructive
contempt. to protect itself by summary
proceedings and punishment
whether this prohibition upon the
powers OF the judges of the courts TO
personally resent wanton and malicious
insults to the courts and to enforce that
respect so essential To their In, , " no