The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-06-03
Especial to The Messenger.)

Raleigh, N. c., May 30.-Sensation
yesterday that Judge Purnell might
take some action as regards Editor
Daniels of The News and Observer on
account Of an editorial which appeared
in yesterdays issue of that PAPER re-
garding the action of the judge as to
the receivership of the Atlantic and
North Carolina railway. The judge in
opening court today said he had is
sued n rule for contempt against the
editor to show cause why there should
not be punishment for contempt. In
his charge to the grand jury the judge
referred specially to the question OF
contempt. telling the jury its duty was
to indict all persons who had publish
ed or uttered things calculated and in
tended 10 bring the court into disrepute
and tina the action in such matter was
based upon a special act of Congress,
which covers the matter of contempt.
1t was at first expected that Editor
Daniels would answer at 3 O'Clock this
afternoon. in the contempt proceedings,
Dull judge 1uIIlCll hASu ~ NiONA ~
morrow morning as the time. OF course
there will be a big crowd in the FEEDER
al court room.
Editor Daniels was asked what he
had to say about the matter n re-
piled: Il will be on hand, better men
than I. have been in Jail. Joe Turner
and John Bunyan were both IN JAN.
Joe Turner told me years g L would
get in Jail unless 1 stopped getting al
ter bond stealers.
The following is the text of the
rule for contempt served on Editor
Daniels:
The attention of the court being
called to an editorial and certain
suuibs published in The News and
Observer, a daily newspaper pubIlsh-
ed in Raleigh, on Sunday, May 2Sth,
and to divers other articles pubilsneo
in the said newspaper by Josephus
Daniels editor and proprietor, a copy
OF which newspaper is hereto at
tached, the said publication being in
the presence of the court, Dr. so near
thereto, that it was and is calculated
and intended to bring this court into
disrepute. destroy confidence of the
people of said district in its DEGREES,
orders, judgments and other wrltS.
hence destroy it's usefulness, the
same being contempt of court and the
courts of the United States:
1T is ordered, That a rule be issued
as follows:
President of United States to Jose
plus Daniels:
You are hereby cited and admon-
iShed to appear before the Circuit
court OF the United states with
and for the eastern district of North
Carolina. now sitting. May S1st, at
10 o'clock. and show cause, if any you
have, why you should not be attached
for contempt of court in writing and
publishing the article hereto attach
ed, and for a series Of issues of the
said newspaper heretofore published.
1T is ordered that the marshal OF
, this district make the legal service
n due return of his rule instant
er."
Editor Daniels was interviewed to-
night and said: Il have the following
attorneys to represent me tomorrow
=: T. Gray. the regular attorney OF
The News and Observer, G.. N. Busbee
Perrin Busbee, Robert N. Winston
Fred A Woodland and Walter L. Wat
son. I will undertake to show that un-
der the law no contempt was committed
and that the Judge has no right to pun.
ish a newspaper for contempt for any
criticism Of any matter heard in his
court We are preparing our answer
tonight 1t will say that the article in
question was just and prope criticism
1 have been deluged with messages by
wire and telephone today, from variou:
parts of the state. of congratulatior
offering n service. One citizen O
Panther Branch township. this county
offers to bring a brigade here and tea
down the Jail in case I am put in it
As citizen of Duplin county says five
hundred men will come and do anything
needed. There vas no contempt. bu'
legitimate criticism of what / believe
is the dangerous, and u~nwarranted &C
ton on part of the judge, who upor
application of one stakeholder, owning
only $1,000 of stock and against tn,
protest OF four-ffths Of the other stock