The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-01-11
DEFENDANT DISCHARGED
IGNORANC OF THE LAW WAS
NO EXCUSE.
McGOWAN'S ANSWER NOT SUFFICIENT
Judge Purnell Says It Did Not Deal Fairly
With The Court and the Defendant Did
Not Purge Himself Of the Contempt,
Though He thought So.

Al the conclusion of the Marshall
cOunterfeiting trial in the Federal court
Yesterday afternoon Judge Pumtll sum
moned Capt. j. NJ. McGowdn. % WI
mington. before the bar and SAld:
Il want to say IL regard to the bench
warrant against j. NJ. Mc,iowal. Tor
contempt of the court, that section -.
Revised Statutes. referring 70 the United
States Circuit and District courts. pro-
vides that said courts shall have power
10 punish by fac or imprisonment.
nt the discretion of the court, cOntempts
of their authority, prov; lei such power
TO punish oontempts shall not be con-
strued to extend to any case except the
mishehavior OF amy person in their pres
cnce or so near thereto as to obStruct
the administration of justice. etc,
The answer OF respondent to the
bench warrant does not deal caEdidly
with the court or purge him Of the con
TEMPT As remarked at the time. the
answer filed does not set out the words
spoken. or the circumstances. The
words were. We understand the whole
thing: (refc:ring To the case now or
trial. 1t is a conspiracy i'll Dockery
against Benamy. brt we intend
10 carry Marshall home or words of
like import. The Judge did not by chance
ovefhear private conversation. but was
coming up the public street in full view
for Il hundred yards or more. from his
residence 10 the court as he has done III
ABOUT the same hour every day during
The trial Of this cause and during this
term of fonr weeks. Respondent seem
Cd to be looking at the judge. spoke III
a loud voice and if not SPOKEN 10 was
intended to be heard by and influence The
Judge in the public trial. This Is Il
contempt.
The plea Of ignorance of the law will
not avail. especially by one who has Tor
years been vi magistrate and the eX-
preston respondent used covert
insult and reflection. The court has n
authority 10 suppress an expression OF
| opinion even OF Il pending cause. but
when such expressions are expressed
in the actual or constructive presence
of Il trial judge the presumption IS they
are intended 10 influence such judge i'll
| the discharge of his duty and when
coupled with threat. actual or implied.
to resist the process OF the court, whether
intended to intmidate or influence such
Judge. it is an obstruction of the adj
| miniStration of justice and Il contempt
| Of the court.
There are two classes of contempts-
| one in the presence of the court alsd
| the other not i'll such presence. actual
or constructive. a contempt Is crime
| against the United States u. :. vs. Ia-
| cobb. 4 Am. > Il. 14S) and when wilful
may be dealt with by Indictment. 1T is
| Il contempt OF court for a person acqult-
| ted of crime to threaten vengeance Oh
! a witness within the possible hearing
| Of the court It. :. Carter. Fed. Gas. No.
| 14T401 or to Use abusive language in the
court room e. s. vs.. Emerson. Fed.
| CaS No. lJ050) or to commit an as
Sauh ut the do0rof the court room. etc.
| In short. court officers must he left to
discharge their official duties free from
| improper influence. by threat, bribery.
fear. favor or affection. Depending a
| they do for their efficiency and useful
ness uUon the confidence of the public
| in their probity, the courts. judges and
officers should be left to discharge their
duties to the best of their ability I'M
tramlneled When either fail III Their
duty there is Gmple remedy in the law
| and such acts as those of resi- ondent can
| not and will not be tolerated. They OBJ
struct the administration of justice. The
punishment is in the discretion of the
court, fine and Imprisonment.
Respondent has been guilty OF con
tempt even on his own statement. The
duty of the court probably is to impose
a heavy penalty and rmprison respond
ent until he is thoroughly purged of the
contempt. but in consideration of his
advanced age and i'll health, the courl
prefers to err. in the hope thar respond
ent and others viii not again offend, on
the side of lenicncy and suspend iudg-
| ment, respondents answer ut least be-
ing ;tn apology and evidently intended
by him to purge himself of the con
| tempt.
Judgment will he suspended and de-
PENDANT discharged.
a cti0n has been deferred for two
reasons: First. lest action in the matter
should in amy way influence the case
on trial respondent being witness.
Second because ! have made no secret
OF my Indignation at the words and con
duct Of thi1 datauflon -