The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1904-06-09
involved in imprisonment OF
of an Editor by Judge.
ACT OF COURT CRITICISED
Much Excitement Prevails in North
Carolina Over Various Court
Cases and Tans!es Arising
Therefrom.


J. C. Pritchard, of the fourth United
States circuit court, has granted a
temporary writ Of habeas corpus or
dering the release on bail Of Josephus
Daniels, president Of the Raleigh, n.
c., News and Observer, who has been
held in contempt of court Ivy Judge
Purnell, of the federal court.
Attorneys for Daniels presented
their petition and affidavit in the case
at the home of Judge Pritchard in
Washington. Judge Pritchard declin-
ed to sign the writ because he was out
of his jurisdiction. Accompanied by
the attorneys he went to Alexandria,
Va, where the writ was signed.
He will hear arguments in the case
at Raleigh, and will then give his final
decision. Former Governor Thomas J.
Jarvis, of Greenyille, and Robert T.
Gray and James H. Pou, of Raleigh,
who came to Washington to represent
Daniels, received a telegram Thurs
day stating that Judge Purnell had
approved the bond rendered by, the
Atlantic and North Carolina railroad,
and that the receivers who were main
ed by the court were ousted. This
action is the result of a writ Of super
sedeas granted by Chief Justice Full
Ter, suspending Judge Purnell's order
naming receiver for the road.
The attorneys in. the Daniels case
first presented their AFFIDAVIT and Pc
tition for writeof habeas corpus to
the chief justice, who acted in the
matter of releasing the road from the
receiYership, but referred she4; other
matter to Judge Pricchard. Judge
Pritchard arrived in Washington Wed
nesday from Richmond, Va, where he
had qualified as judge of the fourth
United States circuit court. In hear
ing the Daniels case he performed his
first ofacial-act1 under his new 1u:li-
cial honors. The contempt case grows
out of a published criticism of Judge
Purnell's action in the receivership
matter.
Not since reconstruction days has
there been such excitement in North
Carolin:c as now prevails, this being
due to three, cause.-the, contempt
proceedings against Editor Daniels, Of
The Raleigh News and Observer, by
Judge Purnell, of the federal court,
and the $4,000 fine imposed upon him;
second the placing of the Atlantic and
North Carolina railway under re-
ceivership by order of Judge Purnell,
and third, the action of Judge PEBBLES
in sentencing in contempt the elev-
en- members of the bar of Robson
county, also three men, one promi-
nent lawyer of Sampson county, for
contempt.
Many prominent men say that ttere
is now made a clean-cut issue between
the federal court and the press and
the people. Editor Daniels wanted to
go to Jail and expected to be sent
there upon his most positive refusal
to pay any fine or to accept money
from any persons with which to pay it.
Scores offered to pay for him, the ag-
gregate of such offers exceeding $780,
600. He has received hundreds u
telegrams from all parts of North Car.
olina and other states relating to the
matter. t.i ;; :.
I Daniels wrote; his editorials while
in custody, and so headed them. There
Is no telling what further political ad-.
vaneement and prestigesthe arrest'and
fine will have upon him. He declares
that every newspaper in the country
is interested in his course and his de-
termination. His friends said from
the beginning that the United States
supreme court would decide that
Judge Purnell had nc power under the
act Of congress Of 1881 to punish him
for a newspaper publication. The
Judge says there is nothing personal IN
his action in the matter.