The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-01-07
ABOUT MARSHALL'S CASE
JUDGE PURNELL WAS PASSING
AND HEARD THE REMARKS.
CASE CAUSED A SENSATION IN COURT
Judge Purnel 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.

n sensation was sprung III 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 2 p. M. when he was released on his
personal rec0gniZance to- appear from
day to day until his case shall be disposed
of.
The facts i'm 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. r. Watts. Judge Pur-
nell was going from his residence to the
court room and as he was passing Mr.
MCGOWAN who has long known Judge
PurIell said to Mr.. Watts III 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 PurneH 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 depu-
ty marshall, but Mr. MCGOWAN hearing
that it had been issued went at once to
the court room and gave himself up.
JUDGE PURNELLS 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 on account of
holding the position | do and as Il rep
resentative of the United States Gov
eminent to say that there is going on i'll
the streets of Raleigh an attempt to man
ufacture public sentiment in the case now
ON trial in this court that can not be
permitted. Walking ON the streets last
night L 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 well, made such n remark as
can not repeat but one that l can not
pass over. l make this statement in the
presence of the jury and in public that
there may be no secrecy. | paid no at
tendon to what has been going ON until
| heard this remark, one intended to in
fuence the court if not direct threat.
Il may say i'll justice to counsel for
the defense that they are in no wise re-
sponsible and, i believe, regret the Oc-
curTence.
Il shall try to give fair hearing to
Mr.. Marshall, but no man is so strong us
not to be influenced by such things and
/ am afraid l may be influenced against
the defendant in this case"
- L
state whether he has heard either Mr..
Bernard or / make any complaint since
this case has begun.
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 Mr.. J. 7. Watts and
i'm the course of conversation the trlal
of A. j. Marshall now pending LII 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 L. K. Purneu came up
and heard the said opinion of aftiant;
that affant meant no contempt TO Judge
Purnell nor did affant allude i'll any way
to the court, nor did he mean TO III any