The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-06-01

rtle was II, violation of the United States
Constitution, Articles J. ana OF amenu.
merits, and that the court was Wlthout
turrisd etion, because power 70 punisM lo n
contempt Ia now regulated ny s ,,Iin, 70
Of Rst;l sed Statutes, and cases Ike th mat
pending were not Increased. therefore nc ~,
ne prayed ito be discharged
The Proceedings.
The rule FOR contempt against Mr.. Dam
ipis was called for hearing pv Iuuso
l'urnell in the Federal Court TINS morn,
Ing. The court room was packed anu
Ia n1lned with people, and the mcst lnte iN,
interest prevailed. Counsel Tor Danlels
are =. ,r. Gray, ex-Judge w r.. WINSTON,
DurEhtn: IT, "A. Woodard, wilson; eX-
Judge T. Is. WomAcl j. NJ. Holding.
Walter LIZ Watson and Busbee ana Bus-
judge f Urn called FOR the answer to
the rule. and Danielss counsel asked for
time, stating that 1t was matter OF SO
inhcef' inheritance that several d:lys ought
I TO DO allowed for the preparation or y
defense. Request refused" replied the
judge. There Is rut one answer: he
must either justify his course or admit
Tho Charges III the rule, lie mas accen-a
tuated the i1latter,ln the mornings issue
OF ms l;aper. and don't propose to allow
MN q field day In this ma tier"
Mis- Gray, OF Danels's counsel Insisted
that there ought to be time for a COM
pleto ai1swe;, for the reason, especially.
| thatGttte judge might review tho whole
situation. II called now Judgment might
be passed in the light of some certain
| publications and not In tho light Of the
whole defense, to the great injustice Of
Ector Daniels. x, IA. H
rogthis the Judge asked "Do you mean
to intimate, MIR. Gray, that the court will
| take an unfair advantage" Not at
all" replied Mr.. Gray.
| 1hJudge Winston explained to the Judge
that they ,nlght complete their answer
In two hours.
So the hearing was postponed until 10
o'clock.
f The Answer.
| When the case was taken up again Mt
noon the answer on the part Of Editor
| Daniels was read. setting out that the
court had no jurisdiction to punish in
| such q case, power to punish newspapers
| or@contempt on the strength Of publica-
| tons having been taken from the Cir
cult Courts by act Of Congress In 1881;
| that 1t was the Intention OF the editor to
| freely and fairly discuss public matters
so that the people may be informed; 1t
| disclalmed any intention OF committing
any contempt or interference with judg
ments Of the court; that the publication
was not made during sitting OF the
court. and this put it out of the juris-
( diction Of the judge.
Judge Winston, Of counsel for Daniels,
| spoke about an hour. saying there has
| not been a case Of the kind since 1881.
| He mao & a plea for the freedom Of the
press as a bulwark Of liberty. and APP
| pealed to the Judge to dismiss the case
| for want Of Jurisdiction. and because
| Editor Daniels had d!sclamed any in-
tention Of committing any contempt.
JUDGE PURNELL's DECISION.
Judge Purnell held he had Jurisdiction
under section 1725. That he had no inten-
| ton 10 rt1uz2le the press. but counted It
a sacred bulwark of liberty. He invited
! free criticism of judicial acts, but they
| must be respectful.
4 Publications this morning in the News
and Observer, he said. contradicted the
| plea that no contempt was intended. For
J instance, tho paper, he declared, stated
that ''six hundred armed men were
! ready in Sampson county to march to
j Raleigh and protect the editor"
!. He adjudged the defendant guilty Of
contempt and imposed a fine of $4,000.
he to be in the hands Of the marshal
until fine and costs are paid.
MIR. DANIELS DETERMINED. 5S5
Editor Daniels said tonight, In speak
4 ing Of the fight heis making: 35S.by tf&
"AEEreat principle is involved, and I
shall rot in Jail before I shall pay a
/ penny. The issue Is, whether a paper
I can freely and honestly criticise off
/ cials, and this issue must be settled now
II shall carry the question to the Su-
prone Court Of the United States and
! find out what rights the press has in
nerica s55
Suppose / SLOWED my kind friends to
pay this fine, or paid it myself, and
returned to MY office, I should continue
my same policy, and perhaps, In few
days, would be hauled UP and fined
again.
NO; this matter must be fought to a
finish now
Editorial Extracts.
Here are some editorial extracts from
the News and Observer Of this morning
that Judge Purnell had reference to when
he declared during the preliminary hearing
this morning that the contempt had been
accumulated by publication In to-day's
issue:
This paper has not been guilty Of con-
tempt, unless it Is contempt to fairly
and fearlessy criticise the public act of
public Official It has that constitu-
tional right. and 1t cannot fail to ,eS-
ercso it without being untrue to Its high
mission. 1t recognizes no divine right
of judges. but believes their acts are
proper subjects of criticism. II the press
failed to ring clear when judicial officers
made mistakes and denied to owners OF
property the right to control It, OF what
Il value Is press in this free country!
Judge Purnell took the Atlantic ana
North Carolina Railroad out OF the hands
OF the present management because OF
some expenses deemed unwise, and be-
cause President Bryan BOUGHT some WOOD
from his own farm, ETC..
Yesterday he appointed " -. McBee
CO. receiver OF the Atlantic and North
Carolina Railroad K