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

Gets His Freedom, But He Is Re
lieved Of the Payment okthe $4,000
Fine. IL
Raleigh, n. e,.sunes s.-The con-
tempt proceedings Of Federal Judge
Purnell against Editor Josephus;
Daniels, of TheNews and Observer:
who has been in custody since Mon
day for refdfal 70 pay ats25oob: hnee
was ended short off this afternoon,
Mr.. Daniels being released 2
The habeas corpus writ was heard
by Judge Jeter c.. Pritchard, the new
Justice OF the fouFth@ distrietsGwho'
came from Washington. D. c., for the
United States-Marshaf He
Dockery brought Mr.. Daniels into
court at 8 O'Clock. A great ? crowd
was present to hear the case.
Justice Pritchard sat alone. though
his week the Federal court is in SEES
= sion and Judge. Purnell is on hand.
Argument was made for Mr.. Daniels
by ex-Judge r.. W. Winston, and by
Instructions of Judge Pritchard, Dis
trict Attorney Skinner represented
Judge Purnell.
After Judge Pritchard
dismissed the case and released Mr..
Daniels, saying he failed to find any
thing in Section 1875, Revised United
States Statutes, to warrant the ac-
ton, and hence he ordered the re-
spondent dismissed.
Mr.. Daniels was fined by Judge
PurneIl for editorially criticising the
judge for his actions in appointing
receivers for the atlantic and North
Carolina railroad.
The appointment of receivers was
overruIed by Chief Justice Fuller, and
now Judge Pritchard releases Mr..
Daniels.
The whole state is rejoicing, and
kilograms of congratulation are pour
ing in on Mr.. Daniels
Especial to The Messenger.)
Raleigh. N. C., June "a
few minutes before-3 o'clock this
afternoon, U s. Marshal Dockery
took to the Federal court room his
prisoner. Editor Josephus Daniels,
and when 3 o'clock struck, there wa.
a notable assemblage in the room.
Judge Pritchard entered, a striking
figure, fine in form and feature, state
ly in his black robes, the audience
standing until he was seated. Dan
iels, in a brown linen suit, looked
very cool and collected. Beside him
sat his brothers, Frank and Charles,
and in front were his counsel, Jarvis,
Gray. Busbee, -Pou, Womack, Holding,
Winston, Fred. Woodland and Watson.
Marshal Dockery read the writ of
habeas corpus which Judge Pritchard
issued yesterday at Alexandria, Va,
and said he produced the body of
Daniels and stated the reason for
Daniels detention.
Judge Pritchard asked District At
fnrnau II0rry SEinnnr Uhnthar tho
practice of the court was that re-
turn should be in writing, and being
informed that it was, instructed the
marshal to make his return IL writ
ing AttUUrney Gray read Daniels pc
titlOn for h@@1eas corpus. which was
submitted to the judge at Alexandra.
Judge Pritchard asked if the attor-,
neys were ready and also asked the
district attorney if he represented
Judge Purnell. Skinner said he did
not regard it as his official duty to:
represent Judge Purnell, as ne had
not been notified so to do, and so he
has not prepared himself for the case.
Judge Pritchard said Judge Pur-
nell ought to be represented, and he
thought it SINNERS duty to represent
him. Judge Pritchard Informed DAN
iels' attorneys that it was not neces-
sary to read the record in the case.
EX-Judge Winston, of counsel. said
liz "Oulu seek Ill d SSIISid l way " CS-
tablish the proposition that the facts
in the petition were true, adding tina
no evidence was taken below and none
would be offered in this court, but
that the endeavOr would be to show
the judge from the highest authorities
that ne had jurisdiction. as in hear
ing habeas corpus proceedings, only
jurisdictional matters would be heard
by Judge P~ritchard.-
The latter said it was not necessary
10 discuss the question of jurisdfc-
ton. ~ e
Winston -forcibly reviewed theSease
from last Saturday, after the receiver
ship order for the Atlantic&and North
Carolina railway had been made by
Judge Purnel, then as olaSt~ SUNDAY,
20. when the newspaper article! appeared,
and so on up to date Winston cited
a powerful array of authorit1es an
showing that the act OF OF
1881 was drawn by President James
Buchanan and was for the special
purpose of limiting the power OF the
Federal court to punish editors 1or
CONTEMPT; sthatsthe law was passed 1or
this express purpose apd was sweep
ing and complete and conclusive: he
declared that since s1S31, courts nave
no power to punish editors fol. con-
tempt in such a case and mat the
power of the district and circuit courts
is expressly limited by the statute
He cited cases which were Oman
exact footing with this &and de-
clared that the act of 1881 washthe
great safety Of our people, making
courts free, press free. people free
Let US haves peaee," he kdeclSred
loudly. Let editors speak theff
mind, criticize fearlessly. This free
dom is the glory of our II
a man is too thin kinned to stand