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

him to give the bond now. Others op-
pose this course.
Josephus Daniels was asked at II
o'clock if he would give the bond un-
der Judge Purnells order and he said:
my lawyers have not advised me.
Jarvis, Gray and Pou will reach RAJ
leigh and will have a conference with
my attorneys now here"
(By Associated Press.)
Washington, June 2.-Judge J. c.
Pritchard, of the fourth United States
Circuit court, today granted a temper
airy writ Of habeas corpus, ordering the
release on bail of Josephus Daniels,
president of The Raleigh, North Caro-
DINA, News and Observer. who has
been held in contempt of court by
Judge Purnell. Of the Federal court.
Attorneys for Daniels presented their
petition and affidavit in the case at the
home of Judge Pritchard in this city.
Judge Pritchard declined to sign the
writ in Washington, which is out Of his
jurisdiction. Accompanied by the at
torneys he went to Alexandria, Va,
where the writ was signed. He will
hear arguments in the case at Raleigh
tomorrow and will. then give his final
decision.
Former Governor Thomas J.. Jarvis,
of Greenville. and Robert T. Gray and
James H. Pou, of Raleigh, who came
to Washington to represent Daniels, re-
ceived a telegram today from Governor
Aycock stating that Judge Purnell had
approved the bond rendered by the
Atlantic and North Carolina railroad
and that the receivers which were
named by the court were ousted. This
action is the result of a writ Of super
sedeas granted by Chief Justice Fuller,
suspending Judge Purnells order NAM
ing a receiver for the road.
The attorneys in the Daniels case
first presented their affidavit and petit
ton for a writ of habeas corpus to the
chief justice, who acted in the matter
of releasing the road from the receiver
ship, but referred the other matter to
Judge Pritchard. Judge Pritchard ar
rived in Washington yesterday from
Richmond. Va, where he had qualified
as judge OF the fourth United States
Circuit. In hearing the Daniels case
he performed his first official act under
his new judicial honors- The contempt
case grows out Of a published criticism
Of Judge Purnell's action in the re-
ownership matter.
Especial to The Messenger.)
Raleigh, n. c., June AT $3.50
o'clock this afternoon, Josephus Dan
iels received from r. T. Gray, one Of
his attorneys at Washington, a tele-
gram. saying he had just returned from
Alexandria. Va, where Judge PrItchard
signed a writ of abeas corpus. return
able at Raleigh at 3 o'clock tomorrow
afternoon. The chief justice who had
been applied to for the writ did not
refuse to issue il, but said he was ar
ranging TO leave for his vacation and
so suggested that Judge Pritchard be
applied to. Judge Pritchard's courtesy
in coming here is appreciated. though
not unexpected.
This afternoon, ex-Judge Winston
and other coupseI were seen in Edi-
tor Daniels room and Winston. hold
ing up a printed opinion OF the United
States Supreme court, said that there
was something which absolutely COW
cred the Daniels contempt case and the
right Of appeal therein. 1t will be re-
membered II was claimed BY Edito
Daniels counsel that the act OF March
Bird, 1891. establishing the United States
Circuit court Of Appeals, gave the right
OF appeal in contempt proceedings TO
a higher court and that Judge Purnell
refused to allow appeal, refused 10 fix
bond and declined to hear other au-
thorfties, saying il was fnal n that
no appeal lay. Winston 1 thai on
May 10th, the United States Supreme
court handed down an opinion in the
case OF Bassett against Conkery COM
pany, which precisely covers this par
ticular case; that the opinion was fiat
footed; that appeal Zoe lie He said
that only two copies OF the opinion
were IN Raleigh when the case was ar
gued. one Of these being In possession