The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-06-07

said that North CaroHnfans were a
brave, fearless and fair people. who
.anteo Iair play n would have it.
He referred TO the attempts to inn
peach the North Carolina Supreme
court a few year ago. and said the
HbertN-ioying lawyers of the state
novel p tBe Legislature and told
the observation-disclosures should not be
Observation-Disclosures addedztha. he
vas proudzto@haye been -one of the
awEefSW Who ffus came here to pre-
Eseat1mpeaehfnent9
~ ucnst wank n ~sspansards. with
daSse and dirks. but xssant North
t9arollrians, who can give<bIow and
ma oae-@Thts is the first time
slnees Observation-Disclosures of 1881
seas N ealtor mas been CALLED to an
Houidlainot@bsaa az haei spectacle OF
Observation-Disclosures boasts of her
e8rEy OF iiberty.Iher Necklenburg
decfaTation.@the zoth>ofMdgthe hor-
nets nest t-Ghariotte-that she
should bes.the fEst .~ofcthe thirteen
erty.of the prels ana the citizens. In
ether states, people. taIk.about their
ancestors, bat here in North Carolina,
they ak about freedom everywhara.
Some 40 years ago. when the Judiciary
was about to, be exhausted, God AL
mighty raised up Judge George w.
Carolina" ~
Winston quoted. Governor Fowlers
tribute to Brooks, whorestored peace
to his state-zWinstensasked that the
writ of habeas cerpusbe allowed and
cenials be discharged and that we
may all oLabout-our business in
pleasant paths of &C..
District Attorney Skinner. said he
aPeafed' in the matter only at Judge
Prt'ohards suggestion that it was his
oHe1at duty SO ipAde;i that he would
not attempt-to reply to Winston's
variable 7argumenLHnoF attempt to
discuss the jurisdictional matters in
volved orswhethef. newspaper ar
ticle co~nfptaiped OF. was contempt or
able 1nderrth revised statutes as an
TohstEuetion to the adHfIdstrati of
Justice rs Contemplated Sy.fhel Federal
statute-but-afLhe desired To say was
that the court should de advised as
to what q been done, to-wit: that
Judge Purnel had on Monday adj
that the article complained Of
was contempt committed so near the
court sag5rex5 obstruct Fthersprocess of
court and had adtudged Edftor Dam
1els guilty of contempt and fined him
$4,000, to- stand committed until the
fine was paid; that at the hearing Mr..
Winston a prayed IN appeal; that
udSS uIIlSll kIcH HSiu There was liz
appeal, and that his findings were not
r~eviewable; that since then, to-wit,
yesterday, Judge ,Purnell's attention
had been called to the fact hat the
u. S. Supreme court had on May 18th
overruled it's former decisions on
this subject and had held that an
appeal was allowable in contempt
proceedings. and that Judge Purnell
had promptly filed an order in this
matter; hat the appeal prayed for
was granted, and when the appeal
was perfected and the bond given,
that Editor Daniel be discharged;
therefore, in justice to Judge Pur-
nell, Mr.. Skinner requested hat this
record be made and this application
for a habeas corpus be dismissed, for
the reason that the extraordinary
remedy of habeas corpus can never be
substituted for an appeal, and that
there was abundant authority for this
position that an appea Is al
lowed, 2 respondent cannot be said to
be in that custody. which occasions
4 resort 10 the extraordinary remedy
of habeas corpus.
Mr.. Skinner said he only said this
much in order that Judge Purnell
might be properly represented before
Judge Pritchard in his court.
Judge Pritchard asked District At
torney Skinner whether Judge Pur-
~ - - ~@AO 'S
peal and give bond issued after
the writ of habeas corpus had been
issued.
Skinner said it was issued after the
writ.
There was breathless silence as
Judge Pritchard leaned forward to
announce his ruling in the matter.
He said:
Il have great respect for the dis
tinguished judge of this district. 1
have considered carefully Section 735
of the revised statutes and find no
thing in it TO warrant the action of
the distinguished judge who made the
rule. I-think he acted upon a O n
scientious motive and what he con-
sidered to be his duty. The respon-
lent is hereby discharged from Gus
tody and the action is dismissed"
The crowd was on the point of
bursting into applause and making
a great demonstration. but Marshal
Dockery announced that court had
not been adjourned. Everybody
burst into smIIeS, however,
The order of the judge not only
releases Danield from custody. but
also from $4,000 fine. People crowd
ed aroun Daniels to shake his hand,
and Judge Pritchard was greeted in
he warmest manner by many of the
most prominent men in the state, who
expressed intense appreciation for mis-
aet3 Among those who thus shook
hands with the judge were Attorney
General Giimer and the couns for
Daniels.
The attorney genera was inter-
viewed. and he said: The curtain
has fallen m the last act of the
drama, and - we can pursue the
pleasant paths of peace" "
Ex-Governor Jarvis said: 4 think
the termination of the PEBBLES Rob-
eson embroglio aud h inal ending
of the Atlantic. and North Carolina
receiverShip business, and the dis
charge of Josephus Daniels by Judge
| Pritchard will contribute a great deal
towards restoring peace in North
Carolina. Let us now go to work in
the fields and sem children to
| school,"
When n Governors. office was
reached, the Governor said with a
Il S.aSla ..-.L:. - 49, % af TIL