The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-11-24
BENCH must NOT
Be ATTACKED.
Supreme Court Upholds Former
Judge Loving's Decision in
Burdctt Case.
SAYS CARD WAS GROSS LIBEL
Judge Keith, iii Able Opinion,
Scores Action Of Plaintiff.
Other Decisions.

Tho Supreme Court handed down a
batch OF eighteen opinions yesterday, the
most Interesting of which perhaps Is
that by Judge Keith and concurred in
by the other judges, affirming tho judg-
nent OF the Circuit Court OF Nelson
county In the case OF Burdett against
the Commonwealth.
On October 30, 1903. tho County Court
OF Nelson (Judge w. G. Loving caused
a rule to be issued against ]. M. Bur-
dctt and NJ. j. Webb. TO show cause
why they should not BIO fined and i'm
prisoned for contempt OF court.
On November 9Th, Burdett answered and
demanded and asked that the case be
determined by % jury. Tho demurrer and
motion were overrliled and Durdctti was
adjudged guilty Of contempt and fined
go and sentenced to ten days in jail a
writ of error was obtained from tho Cir
cult Court, but the Judgment Of tho lower
court was affirmed. whercupon n writ
Of error was obtained from one Of the
Supreme Court judges.
Case Reviewed.
Burdett kept n drug store at Covlngton
and twelve indictments were returned
against him for selling liquor without
license. He pleaded guilty and was fined
$40 in one case and the costs in the other
cases, amounting in adj TO 1861, which
amount was paid.
On October go 1903, an article appeared
in the Nelson County Times, signed by
Burdett, in which he arraigned tho con-
duct Of the county Judge in a most se-
we're and offensive Manner to use tho
language OF Judge kcith's opinion.
"IIo charges the judge says the opln-
Ion, with not only having acted toward
him In a harsh and arbitrary mannor,
but that his conduct was actuated by.
vicious and corrupt motives e &
Gross Libel.
There can therefore, he no doubt
continues Judge Keith, that the plain
tiff In error was guilty OF a gross and in
sulting libel, and 1t remains for us to
consider whether in the Judgment rem
dered by the County Court, Furnishing the.
act as contempt. there was any error
OF law for which it should be reversed
q The opinion then takes up the con-
tentions of the plaintiff that the term
Of the court had ended when the publl-
cation was made, and that the cases
against him were ended and the fines
paid before the alleged contempt was
committed and reviews them at great
tracts are quoted to sustain the conten-s
lions set out in the opinion that the
plaintiff was in#contompt. and in con-
Guiding this language is used
On His Own Statement.
Twelve indictments were found against
the plaintiff in error for selling intoxi-
eating liquors without n license. He
claims in his card that llc5wa innocent
OF the charge. He saw fit to plead
guilty. He had the same opportunity
that is afforded to any citizen to appear
before the tribunals Of his county and
70 make his defense. Upon his trial he
could have appeared In person or by at.
torncy. Everything pertinent to the case
would have been given to tho jury and
to the public. Instead Of rcsorting to
this means Of vindicatiing his character
he has chosen to plead guilty to the In
5dictments gainst him, and to resort for
his Yndication to- dcfamatory criticism
of the court. which rests upon his UNI
supported statement.
Upon the whole case, we are OF opin-
Ion that tho Judgment OF tho Circuit
Court be affirmed. \