The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-01-27

IWAlUn Ia flW[D
IN POLICE COURT.
Continued from FIRST Pnge)
that applied to the Supreme Court of
Appeals. said Mr.. Montague. He mr.
sued at length along this line in his
appeal Tor the mayor. who PROMPTED
nm now and then with suggestions.
Discourteously," Said Smith.
Reluctantly, Mr.. Harry Smith appearcd
IN the case in the light of prosecutiny
the mayor. He said that he was a friend
OF Mr.. Mccarthy, notwithstanding the
fact that, the latter had treated him dis
courteously when he called at the mayor q
Office Il few days ago on business mat
,er. nave always admired the mayor.
but think he makes mistakes like other
men. and he should take the consequences
OF his acts.
"All of his learned counsel's sophis-
tries as to the law cannot wipe out
the fact that the mayor Is guilty of
contempt of court. The mayor is an
experienced man, an old man, and
he knows the ways of the courts.
He ought to know that the language
he used to Mr.. Seckelman would not
be tolerated in any court. This is q
case. however, for your honor to de-
eide. The offense is against the dig
nifty of this court and not against Mr..
Seckellnan. The mayor is not being
tried for using any language to this
reporter. but for being in contempt
OF this court"
Mr.. Smith spoke slowly and very en.
phaticaIly, and the crowd was apparently
in sympathy with his remarks. ''As to the
humiliation attached to- the publication
Of the Mayors conviction, declared Mr..
Smith. McCarthy's may come and Nc
Carthy's may go. but this court will go
on forever. The greatest question Is
not the feeling Of the Mayor but the ma
jesty of the aw and tho authority of the
bench. My learned friend on the other
side has said that what would he con-
tempt in the Supreme Court would not
be an ofense here. takA issue with
him on this point. It is all more the
Important that cognizance he taken OF
such action here. for It is here that ali
clsases of people come; this is the court
OF the people"
"Why Not See Williams?"
Afr. Smith reached clinmx when
he exclaimed: why did he Mayor
single out this reporter tpointing 10
Seckelman). TO vent his fee'ines. The
reporter did not even write the OBJ
jectionable headlines. The editor does
that work
Why didn't the Mayor go to Alfred
r. Williams and call him an infamous
liar?
II have done that hundred tines
publicly shot forth the Mayor who
was seated in the witness chair listen
ing to the argument OF Mr.. Smith.
well Mr.. Williams I ga friend of
mine. and ! believe know the man.
/ venture to say that the Mayor never
told him to his face that he WAC an
Infamous liar. or any othr- kind OF
liar" said Mr.. Smith, and the crowd
had to be restored to order.
Mayor Mccarthy did not reply To this
remark of the attorney.
Mr.. Smith continuing. said that it wes
no fault OF the Mayors that fist fight
was not precipitated In the Police Court
in the very presence of rne presiding
Justice. He did what he could to bring
such n thing about, There are a thou
sand, aye five thousand men in Richmond.
who would have struck the Mayor had
he have used such language to them. I
repeat that It was not the fault of tho
Mayor that common brawl did not oc-
cur here yesterday morning." exclaimed
Mr.. Smith. He said that Seckelman had
acted with peculiar proprietry In hold
ing himself in check.
"Personally, / would regret to see a
fine imposed upon the Mayor. I have
known him for years. and would be
grieved to see him fined. And II Your
Honor can do so without lessening the
dignity of this court, would ask that
no f,ne be imposed The question is for
the court to decide whether the Mayor
Is in contempt or not" concluded the
attorney for Seckelman.
Applause, quickly stopped by the at
taches of the court, followed Mr.. Smiths
remarks.
Mr.. Montague briefly replied TO tho
argument and earnestly pleaded with the
court not to impose fine and to accept
the apology of the Mayor.
The Fine Imposed.
Livery eye In the court room was
focused on Justice Cru.chsi,ld when Mr..
Montague closed, and amid profound
silence the justice said:
4. PERSONALLY, 1 would like to dismiss
the case. Were l to consult my own
feelings in the matter I would do this,
for the Mayor is a close friend of
mine. But while it Is true that he Is
MY personal friend and is the chief
magistrate of this city, 1 would be
unworthy to sit In judgment upon any
Ct. Sc were 1 to dismiss him this morn
ing on this charge. If did SO, I
would have to treat all others alike.
find the Mayor guilty and fine him
S20"
Applause that came from every part
OF tho crowded court chamber followed
tn, rendering of the decision. Justice
Crutchfield and Sergeant Talley. with the
assistance of Bailiff Gibbons In the corr
ridor, called loudly for order. which was
at once restored.
: The Mayor whispered s,:netking In tho
ear Of his attorneys. and Mr.. Montague
asked for an appeal. Mr.. Montague was
taken as bondsman for the Mayor, be-
ing security in the sum of 500 that tne
chief executive make his appearances in
the Hastings Court on tho 9Th of Febru-