The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-12-26
CONTEMPT OF COURT.
Some Amusing Leaves From Legal
RepOrts-The Apparel of Counsel.
From the Boston Transcript,

From the Boston Transcript.
The rights of the person accused of con-
tempt of court are to-day greater in Eng
land than in America, which is the more
astonishing, because the present practice
appears practically to be survival of me-
dieval methods. Contempt of court is pri-
marily an offense against the sovereign
(who used to sit as judge, and, as a fic-
ton of law, does so yeO or against his pal
ace. Readers of Scotts novels well remem-
Der how the hero of THE Fortunes of Nj
gel" was forced to flee to a sanctuary lest
his right hand be stricken off for his hav-
ing drawn sword within the precincts of
the palace, where the king resided; such
a cutting off of the right hand was the
regular punishment also for contempts in
the presence of the kings courts of JUS
tice.
Instances of the infection of this penal
ty appear in several cases in the older law
repQrts--for example, in that quaint case
wnSre Charles j., 'jeering judge Chief
Justice Richardson, was assaulted by a
felon just condemned, the latter Ito quote
little of the amusing Law-French jar
gon) ject un brickbat lie dit Justice que
narrowly mist The judge, STOPPING, was
unarmed, and jocularly remarked, before
passing sentence of ampufation: II had
been slain if l had been an upright judge"
Punishment for such offenses in open
court may be awarded even now with a ra-
pacity which the leading authority on con-
tempt describes as oriental" Sometimes
the judge, out of court, takes execution
into his own hands in manner quite west
ern, as did that Tennessee chief justice
who was indicted about a year ago for
shooting an attorney; he acted with less
excuse than had the marshal who, in de-
Tense of United States Judge Field shot
dead counsel in the Terry Sharon litiga-
ton.
With contempt committed before the
court itself or against it's officers while on
duty this article will deal.
One of the earliest examples of such
contempt was that by Shakespeare >
Prince Hal, who, with drawn sword tried
to rescue his servant when on trial before
Chief Justice Gascoigne: the prince, in
great danger paid no attention 10 the ad-
monitions of the judge to keep the peace
and to depart but he furiously approached
the bench, as it seemed, to Stay the judge
The latter, unaffrighted, said Gas his words
come down to us) "Syr, remember your
self; / kepe here the place of the kynge
your soveraine lorde and father, to whom
We owe double obedience. And now, for
your contempte and disobedience, go YOU
to the pyrsone of the kynge's bench, where
unto i commytte you" The prince, abash-
ed at these words and at the judges grav-
ity, made reverence and departed TO pris-
on When all this was reported to the king
he finally, in a joyful voice. thanked God
for having given him a Judge "who fear
eth not to minister justyce and also a
some who can suffre semblably and obeye
justyce." While it is treason to kill the
royal justices lin their places doing their
offices, and while trials and convictions
have been had for assaults upon judges
while on necessary journeys it is no con-
tempt to strike a judge while taking his
walks abroad"-even upon the public high
ways
Sometimes, however, the judges have not
exercised their inherent power to maintain
their dignity and to prevent Interference
with ordinary trials, as where, at Ply
mouth, in colonial times, one Brigadier
Ruggles told an old woman who was vain
ly looking for a seal in the crowded court
room to sit on the bench. The judge, on
coming in, naturally demonstrated, and
ascertaining who had directed her act he
questioned Ruggles why he had told her to
sit on the bench; whereto that undismay-
ed attorney replied: IT thought the place
was made for old women"
A slur on the court in latter days is said
to have been made here in Boston by an
attorney who was so exuberant that 1t
overlooked. in the form of scriptual quota
tons, upon his office stationery; having
occasion, therefore, to present a motion to
the supreme court, he made Ii on a sheet
headed You're all bought with a priceg'
This reflection was overlooked except tina /
his application was denied. A charge
somewhat similar and more deliberately
made, arose in the case of prominent po-
Itical boss on the Pacific coast. Incidental
ly learning how a supreme court decision
there had been made. but which had not
yet been promulgated this boss went to
the successful party, alleging for his pull
with the court, and promised for $500 that
decision should be given in this party's
favor; the latter realizing the hazards Of
the sea OF litigation, was glad to insure
''his ships coming in by the payment Of
premium demanded; the court, with good
reason, thought this boss should be pun
ished-(to quote from another opinion)-"to
keep a glory round and 70 deter people
from attempting to render them contemp-
tihle IN the eyes of the public"
Those coming before some courts must
be careful at to their apparel e.. IN
England members Of The bar should be
CARRIED somberly, the bar having gone into
smourning al the death Of queen Anne and