The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-01


Mr.. Josephus Daniels has been
under arrest, in the custody of the
United States Marshal ever since a
few minutes past one o'clock yester-
day.
At that time Judge Thomas r. Pur-
nell, of the Federal Court, pronounced
sentence upon him for his editorial in
Sundays News and Observer, that he
pay a fine OF $4,000, and remain in
the custody of the marshal until it be
paid with the costs.
The whole city is stirred as it per-
hops never has been since the civil
war. Mr.. Daniels friends have flock
ed to him in groups all day. just to
shake his hand and make substantial
offers of sums of money toward pay
ing the fine, all of which were steadi-
~, but thankfully refused by the
prisoner. And these were not only
his thick and thin friends. but in
cluded men who have differed with
him in matters of public policy. 1t
was n great ovation.
Mr.. Daniels spent the night at the
Marlborough House, in room 2S. Late
yesterday afternoon United States
Marshall II. c. Dockery asked Mr..
Daniels: Are you going to pay that
fne2"
Mr.. Daniels replied: 81 have not n
cent with which to pay that fine of
$1,000"
''WeH,' said the marshal, ''you
have been put in my custody, and /
stop at the Marlborough. Come over
there with me-
Deputy Marshal p. A. Mitchell oc-
cupied room 28 with Mr. Daniels last
night.
No suggestion, much less any re-
Gret was made by Mr.. Daniels as TO
when he should be put or how ne
should be treated. He gave himself
entirely into the hands of the mar
shal.
The following is the stenographic
report of the hearing:
Judge Purnell: Gentlemen, there
was a rule issued yesterday return
able at this hour.
Mr. Gray: If Your Honor pleases,
in view of the importance of this pro-
ceeding instituted by Your Honor, the
results of which may seriously affect
the liberty and property OF the re-
spondent, and of the fact that NJ mas
had but short time in which 20 pre-
pare his answer and consult counsel.
specially desired to have with him,
one of whom came last evening, ne
other at 8 O'Clock this morning, we
respectfully ask Your Honor TO con-
tinue the hearing of this rule Tor q
day or two, say until Thursday or
Friday.
Judge Purnell: Motion overruled.
Must answer now
Mr. Gray: If Your Honor please,
we have now in process of typewrit-
ing the answer Will Your Honor
indulge us?
Judge Purnel: Yes.
Mr.. Gray: Our answer is not quite
ready. We were up until very nearly
two O'Clock last night and early this
no sufficient time. If Your Honor
would give us until tomorrow morn
ing.
Judge Purnell: Request refused
There is but one answer. The re-
spondent must justify or admit the
allegations in the rule.
Mr. Gray: May it please Your Hon
or you will observe that in the rule
he is required to purge himself or an
swer as To the various publications
Judge Purnell: This Court does
not propose to have a field day of this
matter.
Mr.. Gray: 1 wish to present this
view " IOul AiOhCA. ti"N ~ 10 lS-
nuired as to indefinite issues of the
paper which are not specified in the
rule, and it is a we'll settled PROPOSE
ton of law that no one can incur the
loss of liberty, life, or property with
out being faced with the specific
charges against them and having an
opportunity to answer them. Now
Your Honor may pass judgment upon
some articles that were in other is
sues of the paper and he will not have
had the opportunity to answer the
charge in that respects In other
words. we think that there should be
something in the nature of a.
Judge PurnelI Yes sir. that is an
intimation that this Court will take
an unfair advantage, which is not JUS
tilted.
Mr. Gray: I did not so intend it.
think he is entitled to have specified