Evening star., 1901-12-07
Chicago \ Newspaper Men Who We're
Held 7on Contempt Charge.
GOT OFF oN..HABEAS CORPUS
Circuit Court Judge Dunno De-
cides Against His Associate.
LATTER CRITICISES HIM

CHICAGO, December 7.-Andrew NJ Law
renee, managing editor Of Hearst's Chicago
American, and III. s. Garfield, a reporter,
who, were = sentenced recently by Judge
Hanecy to forty and thirty days. respective
ly, In the county Jail for contempt of court.
were discharged from custody by Judge
Dunno today. }.sss '..s-f'1-'ry@
/ In granting writ of habeas corpus to the
relators the court said that the case hinged
on whetherthe case on which the Chicago
American commented had been disposed Of
by Judge -Hanecy or was still pending.
Judge Dunno held that the case In uues-
stion had been finally disposed of by Judge
Hanecy when he gave his decision from the
bench. The fact that the clerk had not en-
tered the order when the comment on the
decision was. printed and published there
fore does not show that the case was still
pending The act Of entering the order on
the record was merely ministerial act,
Judge Dunno said. s.-...s ga ...--
Intended to COerce the Court.
Judge Dunno admitted that the articles
ana cartoon which Judge Hanecy objected
to were clearly. calculated to intimidate and
coerce the court had the court not already
rendered its decision. Judge Dunno ad-
mitted that the cartoon in evidence was
Harsh criticism, Judge Dunno remarked
Is one of the incidents and burdens of pub
lie life. II see no reason he said, why
judge should be offered different rem
edy for attacks in the public prints than a
President or governor or congressman
Criticism of a public official, If just, will
do no good; II unjust, will do no harm"
In concluding the court said: Il am
clearly OF the opinion that the language
used, in open court by Judge Hanecy
amounted to final order disposing OF the
case under consideration, and that. being
final order, under the doctrine Of con-
tempt as laid down in this state by our
supreme court in the case Of Storey VS..
the People, that the relators had a right to
comment and criticise that decision, even
to the extent of libeling the honored and
respected judge who rendered that opinion,
without exposing themselves to prosecu-
ton. for contempt Of court"
Judge Kanecy's Comment.
Following is Judge Hanecy's comment on
Judge DUNES decision:
Judge Dunno had the power 80 to de-
eide. but hefdid not have the right Any
judge has the power to let every prisoner
out Of the pRnitentiaries, but they have not
the right, nor does anybody expect that
they WILL &. : as-s
The contempt case and the habeas corpus
hearing which followed grew out of an eff
fort made by the Chicago American to Sc
cure an order for Duo warranto proceedings
to compel the Peoples Gas Light and Coke
Company to show by what right they oper-
ated in Chicago, - .rt4,. '--.a
Judge Hanecy refused to allow the quo
warranto proceeding. and following this re-
fusal the American printed articles and
cartoon, strongly intimating that the judge
had been unduly influenced and that when
he again came up for election he would
discover that the people had no confidence
in him. Judge Hanecy cited Lawrence and
Garfield. with others of the paper. for con-
tempt. and found Lawrence and Garfield
guilty. WiR. Hearst, owner of the paper;
Glare Briggs and Homer Davenport, car
toonists, have not been within the jurisdic-
ton Of the court, and the contempt charge
still pends against them. The evidence
heard by Judge Hanecy was reviewed be-
fore Judge Dunno