The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-11-14


The people Of Houston have been treated to
some red hot articles in the newspapers there
because OF contempt case wherein the editor
u the Chronicle had TO pay Sfoo for dsobey-
ing the Judge OF the criminal court. The Chroni-
Gle has the worst end of the controversy, but
what It lacks IN reason il makes up in vim The
difference between the position taken by The
Post and the Chronicle is the difference in
The age OF the men who manage them. Colonel
Johnston, who has been in the business long
enough to be conservative and careful realized
that the court had the right to forbid the publ
cation OF testimony even though il was unjust
70 the public. The youthful guide OF the Chroni-
Gle had heard somewhere that the court had not
the night 70 do ANYTHING of the kind and has
tened 10 disobey the order Of the court with
the result that he got OF with a very light fine
Tor which he should have thanked the Judge and
let the matter drop. he unfortunate part OF
Il is that the discussions are misleading and
the result is thlf the press of the State begins
fusillade against the courts without fully I'M
Outstanding and appreeiating the situation
There IS no paper IN Texas that more fully
prizes the liberty OF the press or is more zeal
Gus OF its rights than the Enterprise We are
also Just as deslr,us OF keeping inviolate the
rights OF the :ourts as VIC are our own, for,
after all. that IS the last resort for the rights
OF every citizen u corporation. In the Beau
mont and Houston contempt cases the publishers
we're both wrong The editor Of the Chronicle
was evidently deprived Of a rightfu privilege BY
the court, but ne could not remedy ii by putting
himself in contempt There was evidently a
remedy at law, but not by violation of the law.
~ we expect the pubic 10 have respect for the
courts we must obey the court orders If they act
unjust and unconstitutional let as appeal 10 a
higher authority ] he Beaumont contempt case
over which the press of Texas has paved the
air 50 much, was one deserving of more severe
punishment Judge Martin was accused OF max
ing known in advance what his decision would
be in certain case. II Judge Martin had done
as the Journal claimed that he had, he was unfit
TO hold the position that he occupied. Instead
OF trying TO prove that Judge Martin had done
as the Journal claimed, IT'S editor went into
and cd f1 che gk.Ak -
In defense of Judge Martin. Without under
standing the situation the press of the State ha.
written all kinds Of slush about the matter with
the result that public confidence has been weak
ened, far as the integrity Of the courts arr
concerned. when there was no reason for il -
Beaumont Enterprise
AS the Enterprise says, the discussions o.
the Houston case are misleading. AS ;
matter of fact Judge Gillaspie did not pro
hibit the newspaper reporters from taking
the testimony, and the statement that Il
was obtained from court room attendant.
was silly subterfuge. The Judge express
ly declared that the testimony could be pub
lished in case verdict was rendered. II
such event he wanted the public to have al
the facts.
But the local conditions were exceptional
The case on trial was a notorious one
What the court thought of it was shown By
his refusal to grant bail after the jury hac
failed to agree and evidently he anticipated
a mistrial. In that event he wanted this
testimony withheld from the witnesses who
were under rule and would be called upor
to testify in another trial.
Besides 1t is difficult to set men to serve
on juries in Houston. This is a busy place
and business men don't like to give VI
their time. Many are prone to imagine ;
bias based on reading newspapers and tc
thereby disqualify themselves for jury serv
Ice. The judge wished to prevent sucf
excuses by men who are otherwise qualified
There has been a carnival OF murder II
Houston, the most of which has gone un
punished mainly because of these very diff
hculties, viz, the prompting of witnesses ane
the evasion Of jury service by the best men
Under these circumstances the fudge
thought It would best serve the ends of ms
tice to prohibit the publication of the ties
umony until after a verdict was rendered
While The Post did not fully agree with
him, 1t nevertheless recognized the good in
tent OF his position and yielded to his judg
ment
That is the molehill of truth out of which
has been fashioned mountain of sensation
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