The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-03
AGAIN THE VOICE.
SPEAKS FROM
higher UP"
Supreme Court Decides
That Appeal Lies in
Contempt Cases.
THE WRIT ISSUED.
AT Three O'clock this Afternoon Justice
Pritchard OF the United States Cir
cult Court Will Sit in Raleigh to In
quire Into the Action of Judge Pur-
nell in Filming Editor Daniels for
Contempt.
CBy FRED T.. MERRITT.)

(By FRED IL. MERRIII.)
Washington, ID. c., June AIT
three o'clock tomorrow, Friday, after
noon in the United States court room
at Raleigh the action of District Judge
Purnel in fining Editor Josephus Dam
ies tow thousand dollars for contempt
will be inquired into by higher judi
cial authority, Circuit Judge Pritch-
ard.
Bewteen twelve and one o'clock to-
day in the Federal court house at Al
exandria, Va, Judge Pritchard grant
ed q writ of habeas corpus directing
Marshal Dockery to produce Mr.. Dam
iels before him at the time and place
above indicated that there may pe
an inquiry into the legality of his pres
ent detention.
The Order OF, Judge Pritchard.
That order is as follows:
Omitted States Circuit Court, fourth
circuit. Al chambers at Alexandria.
Va, To III. G. DOckery, u. 5. Marshal
for Eastern district of North Carolina.
You are hereby commanded that
the body of JoSephuS Daniels by You
detained and imprisoned, as is charg-
ed. Won have forthwith before the I'M
dersigned. the honorable j. G. Pritch-
ard, Judge of the United States Cir
cult Court for the fourth circuit at
Raleigh i'm the State. of North Carolina
together with the. cause of the detcn-
ton of the said JosephuS Daniels to
undergo and receive what our said
court shall consider concerning him in
this behalf: and have YOU then and
there this writ. The hearing of this
writ is fixed nj the United States court
house i'm Raleigh at o'clock p. M,
June 3rd, 1904.
Witness the Honorable j. G. Pritch-
ard Judge of the United States Circuit
Court for the fourth Circuit this End
dav of June, A. D., 1904, at AIeXan-
dria, Va.
j. C. PRITCHARD,
United States Judge of Circuit Court
fourth Circuit
The reason the writ was signed in
Alexandria rather than in Washington
is tha the District of Columbia not
being i'm Judge Pritchard's jurisdic-
ton an order signed here would not
/ be effective. He, however, heard the
petition read. at his home in this city.
and deciding upon that to issue the
writ he went to Alexandria. Accom-
panied by the attorneys here, he for
mally signed the document which Will
tomorrow give Mr.. Daniels a hearing
in Raleigh. The whole proceeding in
| Alexandria consumed but a few min
utes.
re the Honorable Jeter c. Pritchard.
United States Circuit Judge for the
Fourth Circuit Judge of the United
States:
The petitioner, Josephus Daniels, of
Raleigh. N. c., complaining, shows
that he is unjustly and unlaWfully de-
tanned and imprisoned by Henry c.
| al nf
trict of North Carolina, in the jail and
rrison at Raleigh in the State of North
| Carolina nv virtue of an order of COM
rnitment issued under the following
circumstances:
Your netitioner is a citizen of the
United States and has been citizen
of the State of North Carolina for over
twenty wears: that on the thirteenth
day of MAY, A. d., 1904, While at his
| Office in said state RUE ISSUED py
Honorable Thomas r. Purnell, judge
of. the District Court of the United
States for the Eastern District of
North Carolina, a copy of which rule
is attached hereto and prayed to be
taken as q part of this application,
wa ssarvad on him by said Henry G.
Dockarv marshal of said court, and
thereafter to-wit: on the 31st day of
Nav. A. d.. 1904, your pettloner filed
an answer to sald ruIe' copy OF
which is hereto attached and prayed
to be taken as a part of this petition
Your petitioner further states that
cr tba soid 31st day of May A. D.,
1904 tbe said rule was heard upon
said answar by the said Honorable
Thomas r. Purnell. at the United
States court house in Raleigh, n. c.,
your petitioner at an @ 1lmes me pfodesting
of ,eo,to . =, the premises to make. is
sna or trv said rule against him, when
ana ivbnra the said judge overruled
~ ~ - the jurisdiction, adjudged
~ paG pa;c1 answer to be insufficient to
,.re sdiu ~, said respondent of the al
,o, puise Wy t+o,,ont and further adjudged
~ Tseu - ha in contempt. and imposed
a''r, e. - oe @ TWO thousand dollars upon