The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1905-09-29

Opinion Praises Judge Ward for His
Complete Mastery and Confrol-Ap-
peal for Communication OF Qutntoh
White Denied - Judge Justices
Charge to Grand jury.
fspeeial to The Messenger.)


Raleigh. ". G.. September a6.-
Justice Walker delivered opinion IN
1.-THE case against Moses McCown. of
durham assailant of Judge Ward
THE opinion is OF immense length and
cites cores OF authorities and is very
able. II says al common Law acts.
land the conduct of McCown cons;itut-
led contempt. and IL the statute did
not embrace this case and in terms
repeats that commo law applicable
to il. the court would lot hesitate to
declare the statute in that respect un-
constitutional and void. The courts
have the inherent power to punish
lsummarily for any direct contempt.
this power being incident to every
court. and derived from its very con-
l~stitution. without express
laid. A very high tribute is paid Judge
Ward. who is commended as an able
land fearless jude for the perfect con-
ltrol and complete mastery OF himself.
Exhibited under the most trying con-
Editions and eXasperating circum-
jstances. and worthy of the highest
praise. and must command for him
1.-THE respect and admiration OF ali. He
Twas fully Within the pale in all re-
aspects. and proceeded according 10
law and in the most exemplary man.
lner has indicated he>dignity and au-
lthority of the court. Whether ii is
direct contempt to insult or attack the
Judge for any official act. after the
icourt has adjourned for the term. is
not permitted in this case. and Is not
within the scope OF this decision. The
thopc is expressed that the legislature
will clear the law as 10 bringing habea'
icorpus cases into Supreme court.
In the case of Quinton White. of
BERTHE count convicted of the murder
Iof Arthur White. no good reason is
|shown for communication and the same
lis denied by Governor Glenn.
In the case of JOIN Arc Mcmillan.
who at the September term 1900. was
lin Richmond county. convicted OF
lmanslaughter. and sentenced to eight
wears in the p~enitentiary. upon the
Recommendation of the Judge. Jury
land county officers. (solicitor being
ldeadl. and after thoroughly consid-
Iering the case. the governor is of the
iopinion the defendant has been inn
IDrisoned long enough. and he is par
ldoned. conditioned on his good be-
lhavior.
In his charge TO the grand jury in
the Superior court here today. Judge
lJustice said:
| II "dtIS Id" Adu oeeH cIl1iciseu
by some because it was said that the
ilaw disseminated against the country
lpeople. and curtailed their liberties.
lAny law is a wise law that tends to-
wards morality. The Watts law did
laWay with cross rods groC shops.
(which were curse to any community.
THESE places We're generally built in a
hurry. because the builder knew the
existence was short-Tived. and that it
took years for a community to recover
from blighting influence.
| He said - Jury system was not to
be corrupted because one. three or five
linen We're corrupt. and that the iuries
jim Wake count were ven safer now
THAN ever.
A. w. Graham. of Oxford. appear
ling for the PLAINTIFF in the famous Cat
ltis-kilgo case. lodged before a court
motion. PRAYING for more time.