The herald., 1896-03-03
Dramatic Scene in Judge Smiths
Courtroom Yesterday
IS PURGED OF CONTEMPT
Assistant District Attorney Williams
Apologies for His Behavior
And the Court Says, ''If Party Is Sensible
Of His Folly and Confesses 1t, What
More Can One Ask

W. l.. WliuuInSs aSSl6tant ul9trICl attOr.
ney, was purged of the charge Of contempt
yesterday afternoon in Judge Smiths court.
Mr.. Williams was enabled to secure i'm
munity from further punishment by means
of most abject apology to the court in
the shape of an affidavit by Hon. Henry I.
Gage, who, with Judge Hatch and W. ].
Foley. appeared for the ponderous assist
ant to District Attorney Donnell.
Mr.. Williams offense was committed on
the afternoon of Friday of last week, men.
ton of which was made at length in the
columns of The HERALD on Saturday
morning. Judge Smith got an inkling of
the foul language employed by Mr.. Will
Jams, and forthwith sa mmoned several
listeners to the epithets before him, all
of whom reluctantly related the substance
of Mr.. Williams utterances.
On Saturday morning Mr.. Williams was
informed by Judge Smith OF his knowledge
of the assertions. and promptly disoarred
him from practicing in his court until he
could explain away his vitupsration and
indecent words.
Yesterday morning was chosen as the
time for Mr.. Williams to appear and show
cause. In the meantime B. T. Oliver, op.
to the torrent of abuse heaped on the court,
made affidavit to the language as follows:
MR.. DIVERS AFFIDAVIT
estate of California, county of Los An.
geles, SIS; in the superior court of said
county;
"B. L. Oliver, being first duly sworn,
deposes and says: That he was present
in the court room of department one of
said superior court, on the morning of the
~ I.., E,t>~ %h1& IL
court was then in session, Judge B. N.
Smith presiding; that the court at said
time had under consideration, and was
hearing arguments on the motion for a
new trial in the case of the People VS..
Horace Dawn; that W. T. Williams. an
attorney of record in said court, and the
assistant district, attorney of said
said matter for the plaintiff in
said cause. That at about Il o'clock
a. M. of said day the court, having heard
the arguments on said motion, said to the
attorneys, ami especially to w. L. Will
Jams, that it was not clear as to its recol-
lection of the testimony in said cause, and
would retire to the chambers of the judge
of said court with the stenographer, and
ascertain more definitely in regard to such
testimony and Immediately left the bench
and retired to said chambers, which are
situated Immediately adjoining the said
court room, with a door opening from the
court room into said chambers, within
about ten feet of the judges bench.
''That Immediately upon the judge of
said court retiring to said chambers, and
almost before he had closed the door be-
hind him, the said W. L. Williams became
very angry and, pacing up and down before
the judges bench in said court room, in
loud and angry manner, made use of many
profane words that were obscene, all di-
rected against the judge of said court.
'That among other expressions he made
use of the following language. in substance
as follows: He (meanhg the judge of
don't he get up there and decide it?'
What in - - He may be -
sight better lawyer than am, but when he
was at the bar the people did not think so.'
Il am mad. by =. l am mad. l won't
SAY Ss apythng Eaa that willing to ssn stand
over three or four times, and then says he
don't know what's in them, he tells a -
lie.'
'That there were present at said time, in
said court room, about twenty persons
within the hearing of Mr.. Williams re-
marks. That as deponent is informed and
believes, and upon such information and
belief states the fact to be, that said court
at the time said Williams was making use
of the expressions aforesaid, had not ad-
journed, and the judge was expected very
soon to return into court and dispose of
the matter under consideration, and fur
ther saith not. B. l.. OLIVER.
Subscribed and sworn to before me, this
Doth day of February, 1896.
r. E. NEwLIN, Clerk.
By L. Logan. deputy.
When court convened yesterday morning
great crowd of loungers, court deputies
and friends of both gentlemen assembled
in department one to hear the proceedings.
Henry T. Gage, ESQ.,, informed Judge
and that he desired to present an affidavit
from the respondent. Judge Smith con-
tinued the hearing, however, until 2 o'clock
yesterday afternoon, on account of press
of other business.
At 2 o'clock a larger crowd than had at
tended the morning session of court poured
in through the swinging doors. and by the
time Judge Smith assembled to the bench,
standing room was scarcely to be had.
Mr.. Gage presented the affidavit without
any preliminary remarks upon it. The
apology averred that the respondent was
unduly excited at the time he uttered the
infamous language, and sought to further
palliate his Offense by the statement that
he was laboring under a great mental
strain; that the court was not present;
that he could not now remember just what
he had said, and that he deeply deplored
the occurrence winch no WOuld never re.
peat.
Mr.. Williams iterated his profound re-
spect for Judge Smith as a citizen and
judge, and tiptoed around the edge of irre-
fragable prudence in the most humble
manner.
Judge Smith seemed somewhat affected
by. Williams show of remorse, but he
quickly pulled himself together and in a
mild but extremely firm manner informed
Mr.. Williams that the affair was shorn of
TO uphold and maintain the dignity of the
high office he filled. Continuing, Judge
Smith said:
"The only purpose that this court has is
to simply maintain the proper administra.
ton of justice here. Personally it. does not
affect me-. 1t is something that am for
eign to. So far as that is concerned, when
1t comes to personal matters have always
been abundantly able to take care of nv.
self. never harbor illwill towards any
man on earth for any length of time. It
does not go with me; | cannot carry it
about. So that personally, wish to say,
it does not affect me at all, not in the least.
l simply realize the fact that for a short
time am called to preside over a nisi prius
court. remember the honorable names
that are connected with the administration
of Justice in the United States OF America,
The portrait of one of those great men
hangs right there on the wall, and the pages
of history are full of honorable names
that have adorned the profession and the
bench. The courts are the very founda-
ton of our government, and upon them de-
pend the perpetui,y and maintenance of
everything we have as a government, and