The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1900-01-09
Arraigned For Making a Re-
mark on the Street.
ABOUT MARSHALL'S CASE
JUDGE PURNELL WAS PASSING
AND HEARD THE REMARKS.
CASE CAUSED A SENSATION IN COURT
Judge PurneII Declared that the Discussion of
the Marshall Case on the Streets Was an
Attempt to Manufacture Sentiment
and Must Be Stopped.

and Must Be Stopped.
A sensation was sprung in the Federal
court yesterday morning by the arrest
and arraignment of Mr.. James Meow
an, Of Wilmington, one of the witnesses
in the Marshall case, on a bench war
rant for contempt. MCGOWAN was kept
under arrest until the court adjourned
at = p. m. when he was released IN his
personal recOgnizance TO appear from
day to day until his case shall be disposed
Of.
The facts in the case seem to be that
yesterday morning about 10 o'clock Mr..
MCGOWAN was standing IN front of the
Pullen building discussing the Marshall
case with Mr.. J.. 7. Watts. Judge Pur-
nell was going from his residence to the
court room and as ne was passing Mr.
MCGOWAN who has long known Judge
Purnell said to Mr.. Watts in a voice SO
loud that Judge Purnell heard it: This
trial is a malicious prosecution of Mar
shall and a conspiracy but - The
rest of the sentence Judge Purnell did
not hear. Judge PurneI went to his Of
fee and at once issued a bench warrant
for Mr.. MCGOWAN for contempt. The
warrant was put in the hands Of q depu-
ty marshall, but Mr.. MCGOWAN hearing
lLIl IL udu DttH ISSteu N0uI ut OIICc 10
the court room and ave himself VI.
JUDGE PURNELL'S STATEMENT.
A few moments afterward court con-
vened and Mr.. MCGOWAN was arraigned
in the presence of the jury in the Mar
shall case, who had been called in, and in
open court Judge Purnell made from
the bench the following statement: Gen
tlemen, | feel it my duty Oh account of
] holding the position / do and as q rep
resentatiye Of the United States Gov
eminent to say that there is going on i'll
the streets of Raleigh an attempt to a
ufacture public sentiment in the case now
on trial in this court that can not be
permitted. Walking on the streets las
night | heard frequent expressions of
this sort. No one has a right to speak
of this in the presence Of the judge pre-
siding or Of this court.
Coming from my home this morning
! passed a party who. knowing me per
fectly we'll, made such a remark as /
can not repeat but one that | can not
pass over. | make this statement i'll the
presence of the jury and in public that
there may be no secrecy. l paid no at
tention to what has been going ON unit!
I heard this remark, one intended to in
fuence the court if not a direct threat. /.
Il may say in justice to counsel for
the defense that they are in no wise re-
sponsible and, / believe, regret the oc-
currence.
Il shall try to give a fair hearing to
Mr.. Marshall, but no man Is so strong as
not to be influenced by such things and
| I'M afraid | may be influenced against
the defendant III this case"
Mr.. Spears: II hope his honor will
state whether he has heard either Mr..
Bernard or | make any complaint since
this case has begun"
Judge Purnell: Il nave heard YOU say
nothing at all. Speaking for the govern
ment, | wish to say that these express
sions on the street must stop or those
who use them will be imprisoned for
contempt Of court
McGOWAN'S ANSWER.
Mr.. MCGOWAN, through his attorneys,
filed the following answer to the indict-
ment:
James NJ. MCGOWAN being duly sworn
in answer to the rule charging him with
contempt says: That on the morning Of
this day, Jan. 9th, 1900. he was standing
on Fayetteville street in the city of Raj
eigh talking With MIR. j. L. Watts and
in the course Of conversation the trial
Of A. j.. Marshall now pending in the
United States District court was men
toned and the affiant said to Mr.. Watts
that in his opinion the prosecution was
malicious and the result of a conspiracy
against MARSHALL: that during the CON
versation Judge T. r. PurnelI came up
and heard the said opinion Of afiant;
that affant meant 10 contempt to Judge
Purnell nor did aftiant allude in any way
to the court, nor did he mean to in any
way attempt to influence the court or
to threaten the court in any way. The
affant was not aware that it was a con-
tempt of court to express any opinion on
a pending matter in the court in the
! presence of the judge and in this case.
The opinion was expressed in Il ConyerSa-
: ton begun with another man and the
!, judge by chance came up and heard the
remark which constitutes the contempt.
| This affiant humbly Expresses his regret
!, that he permitted himself to make the
remark and declares that he did so in
Ignorance Of the law and he disavows
[ as strongly as he can any purpose or
intention to violate any rule or intimi-
5 date the court or to influence by inuendo
or threat or in any other way the action
! of the court. and it would be impossible
: for him to do so because for years he has
: known and respected and admired the
said judge now holding said court and
| still has for him the kindest feelings
of respect and admiration.
(Signed) j. NJ. MCGOWAN.
J Judge Purnell postponed the further
l hearing Of the case and when court adj
journed Mr.. MCGOWAN was released as
above.
? The penalty for contempt is fine or inn
prisonment at the discretion of the court.
There is a federal statute making con-
! tempt of court a crime.
At Des Moines. Iowa. D. H. Bowen,
f was nominated for speaker by the Re
1 publican House caucus last night, which
7 ensures the reelection Of John III. Gear
to tho Initial Ctn4or Co,a+