The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-04-08
FIGHT BROUGHT FINES
JACOB GAZAN AND j. BEN WILSON
GAVE UP S25 EACH.
NOT THE U. S. SENATE.
JUDGE BARROW SAYS THERE'LL
BE NO FIGHTING IN HIS COURT.

Both Respondents Made Their De-
fense-Doth DiscIaimed Intention
to Offend the Court and Both Re-
GREETED the Occurrence-Judge
Barrow Advised Them to Seek
Election to the Senate if They
Must Fight-Such Diversions, Al
lowed There, Are Barred in the
Court Room-Both Fines Promptly
Paid and Respondents Released.
"If gentlemen wish to use such
language and fight they had better
get themselves elected to the Senate
of the United States, where, 1 under
stand, such conduct is allowable. 1t
will not be tolerated here
In such terms Judge Pope Barrow
expressed his opinion of the incipient
fisticuff that took place in the Supe-
rior Court room Saturday afternoon.
The remark quoted was the prelude
to fine of $25, which Judge Barrow
imposed on each of the belligerents.
He called it nominal, but neither Mr..
Jacob Gazan nor Mr.. j. Ben Wilson,
who were required to make good the
amount. was able to agree with the
court in this respect. However, they
did not, while the court was in ses-
sion, audibly formulate their objec-
ton.
There was a quite considerable
gathering in the court room when
Judge Barrow called the contempt
proceedings yesterday morning. 1t
included a number of members of the
bar, anxious to hear the evidence and
to learn Judge Barrow's exact views
on this interesting subject. They were
not left in any doubt.
Mr.. Gazan's Explanation.
Both respondents to the rule for con-
tempt were provided with written an
swers, which were read to the court
Mr.. Gazan expressed his regret that the
incident occurred, and then went on to
describe the series of events leading
up to the difficulty. He was talking to
Mr.. H. E. Wilson and Mr.. W., w.
Osborne and was quite unaware of the
fact that the other respondent was
anywhere in the vicinity He contin-
ued: when this respondent had
reached the point in his narration to
Mr.. Osborne where the respondent
stated that Mr. Wilson (meaning J.
Ben WILSON, declined to pay $40, the
said ]. Ben Wilson remarked, insult
ingly and insinuatin in effect that
because of his refusal to pay the 500
this respondent had procured the fill
ing of an intervention of Osborne &
Lawrence, wIhereupon this respondent,
without changing his position immed-
lately replied in these words That's
damn lie. and instantly this resDon
dent received a glancing blow from j.
Ben Wilson on the top of the forehead,
some hard substance, which respondent
believes to have been a closed knife,
inflicting a slight abrasion of the skin,
and knocking off respondents spec
tacles, which were forcibly thrown on
the table and BENT
Mr. Gazan further said that Deputy
Sheriff Westcott grappled with his an
tagonist, and that he attempted to pick
up an. iron brad-machine that lay on
the table near his hand Within a few
seconds the difficulty had been ended.
Mr.. wilson's Side of 1t.
Mr.. Wilson had less to say, his state
ment of the difficulty and his explana-
ton of his conduct being to this eff
feet:
Now comes ]. Ben Wilson and says
that he was present in the judge
chambers on the day mentioned in said
rule for the purpose of attending the
hearing of a cause pending before your
honor; that after said hearing was
postponed he was discussing in a
friendly manner the cause, when he
made the statement to Mr.. Osborne in
substance that 1t would appear that
when Mr.. Gazan found that he was not
going to get anything out of the case
he was not willing for any one else to
10 called n
dent a damned liar, when respondent
struck him one blow with his fist;
that respondent was under the impress
sion that court had adjourned; did not
know that your honor was in the adj
joining room, and never intended to be
in contempt of court, but acted under
a sudden and uncomfortable impulse
and resented the insult offered him in
the only manner possible under the
circumstances. Respondent respectful
ly submits to your honor that he would
have been untrue to himself had he
acted otherwise and asks that the rule
against him be dismissed"
How Witnesses Saw 1t.
In addition several witnesses gave
their evidence, among them being Dep
uty Sheriff Westcott and Mr.. w. w.
Osborne There was little difference as
to what had occurred in the court room,
the statements of both respondents and
the evidence of all the witnesses agree
ing substantially in this regard. A
rather funny feature of it all, however,
was that to save his life Mr.. Osborne,
who as solicitor general is not inclined
to be particularly lenient to witnesses
with poor memories, could remember
what it was that Mr.. Wilson had said
which Mr. Gazan had pronounced ga
damned lie Mr.. Osborne said he had
heard the remark, but it had complete
ly escaped his memory. 1t was an ex-
cellent illustration of the old saying
that "a lawyer makes a poor witness"
Mr.. Gazan introduced evidence to
show that the Intervention of the Sa-
vannah Electric Company, which had
been the inspiration of Mr.. Wilson's
charge that he was endeavoring to de-
stroy the entire estate in dispute be-
cause he had not been able to collect
a fee, had not been inspired by him.
The Judges Say.
Then Judge Barrow proceeded 10
pass sentence. He said:
ut should be remembered he said
Sin dealing with contempt cases, that
the disresoect is not to the individual
who happens to be the Judge. 1t is
not the man who occupies the position
that is insulted. l appreciate this fully
in this case, and have none but kindly
feelings towards both of these gentle
men. 1t is the law that is treated with
disrespect in cases of contempt of
court. 1t is the people represented in
the court and the law by the court
which is insulted when a contempt of
court is committed.