Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-02-12
CARsON's ALLEGED CONTEMPT.
Arguments Made in. the Case BefOr.
Judge Cole.


Judge Ccle today heard arguments in
connection with the petition of Perry Fl
Carson, for writ of haneas corpus, set
ting forth that he is unlawfulIy held in
| custody By virtue of pretended commit
ent of Samuel r. Church, justice Of the
peace
In the petition, 1t will be remembered, II
vas declared that a justice of the peace
iii the District of Columbia has no lawful
right or authority to commit any one to
jail, and has no lawful right or authority
to commit any one to Jail for contempt
that in committing Carson to jail Justice
Church exceeded his authority and power;
that Carson was adjudged in contempt In
his absence and without being heard In
person or by attorney, and has been lodged
Iii Jail as for contempt without having had
any hearing or any opportunity TO purge
himself of said pretended contempt and
that Carson did not and has not committed
any contempt.
Justice Church. in his answer declared
mat carson was given a chance to be
heard In the proceedings in the action for
contempt, that he Gid receive the papers
issued to him in that action; that he was
not ignorant of the time ard nature of the
action, and that he was guilty of contempt.
The justice further said that Carson called
at his office and ccnversed with him in re-
gard to the proceedings, during which the
latter produce papers issued by the magis-
for contempt would be held in the Justices
office. He was Informed that 1t would so
t. is stated and Carson remarked that his
attorneys would be in attendance at the
time of the trial.
The proceedings in court today occupied
but little time, the arguments of counsel
being brief. Judge Cole took the matter
under consideration, stating that he will
announce his decision at the earliest pos
sble date.
Mr.. Tracy l.. Jeffords, in behalf of Car
son. remarked in opening that he would
confine himself to one point of law He
went on to say that in the consideration Of
the case two propositions are presented ::
Can justice Of the peace commit for con-
tempt under any circumstance? If So Is
the case Of Carson such a case? Contempt
| is a crime. stated Mr.. Jeffords, and a pro-
ceeding for contempt is criminal proceed
ing The statutes provide, he said that
Justices Of the peace have no criminal jur-
isdiction.
Mr.. Frank Stephens, Of counsel for JUS
tice Church, stated, among other things,
was committed in the presence of Justice
Church and that was the real reason why
the petitioner was committed to jail. In
view of this statement, 1t was presumed,
or action of Carson the day the latter call
ed at the Justices office and declined to
pay the fine imposed because he had inter-
| fered with a constable several days before.
Mr. Waiter Clephane, of counsel for JUS
|. tice Church, went over the law relating to
| justices Of theopeaee in detail. He con-
Guided by saying that it would be terrible
| thing to decide that any bystander may
| q constable in the execution of his duties
| Mr., Perrin W. iFrisby of counsel for Car
| son, concluded the arguments.
| BY direction of Judge Cole, Carson was
! obligating himself to appear in court from
| day TO day until the matter is disposed Of