The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1906-12-11
MUST ANSWER
FOR CONTEMPT
Rioosbee's Abuse of Fed
eraI Court Process.
DURHAM SENSATION
Solicitor Brooks Calls Attention 81
JUDGE PurncI TO Use OF Federal
SubpOenas 10 Interfere Win
State Court Irials-isuic
EcturnabIe Thursday.
EcturnabIe Thursday.

Of Solicitor A. l.. Brooks, VINO cdIIed
the attention Of the court to the abuse
Of process Of the government whereby
certain party or parties did actually
interfere or attempt to interfere with
the course Of justice in the Superior
Court Of Durham County, Judge
PurncII yesterday issued a rule against
w. r. Riggsbee, Of Durham, to appear
III court on Thursday morning al ten
O'Clock and show cause why ne sllou4d
not be attached for contempt
The act Of Rig9Gbee as alleged was
-thp-uuWaTrantcd ~&um1nOnlng through
the process 0f the Federal Court OF
Witnesses in attendance upon me
state Court at Durham or uhdef
subpoena to appear there III cases
against violators Of the Ilquor laws
and before the grand jury, which was
considering a bill against Riggabee IoE
bau0t-box stufiiug IN a recent Demo
cratic primary for mayor OF Durham.
From the statements made TO the
court by District Attorney Skinner
Solicitor Brooks and Colonel J. NJ
Arg0. repreScnting one Of the defend
ants before the court here, III whose
case one Of the witnesses was sum
.noned to appear, it seems that hVe
witnesses were SuDpOcnaed to appear
before the Federal Court in cases OF
which they knew nothing ana, at ieaSI
in the case of Colonel Argos client,
without the knowledge of the defend
ant upon whose behalf they We're sum
mOned.
1t was also stated that the sub
pOenaeS were issued at the instance OF
Col. j. &. l.. Harris, of Raleigh, acting
as attorney for Riggsbee, and that
the fees TO pay the way of d deputy
marshal 10 Durham and summon the
,ritnACSaC yrr4Ja maid hV him.
1t was also made to appear that all
of the witnesses summoned were
necessary to the conduct OF the court
in session at Durham; that they were
to appear in cases against defendants
in whom Riggsbee was interested by
reason of being upon their bonds; and
that by reason of the in the
Federal Court OF Albert Blake, OF
Raleigh, summoned to give testimony
in a case of which he knew nothing,
the Indictment pending against Riggs
bee in the Durham Court was return
ed by the grand jury mot a true BILL
that the witnesses ~subpOenaed VINO
were in attendance upon the Superior
Court in Durham Were pointed out to
the deputy marshal by Riggsbee; and
that the marshal was referred to
Riggsbee for information by Colonel
Harris at the time he procured the
issue of the process.
/ C> 8IlI1 - CIV
after a statement by Colonel Harris as
to the witness Blake. that he had first
asked him whether he was wanted in
Durham jhS week and upon being
t.l' that Ire Eal!J ttrH be needed the
nDtU the ~j&uH.rN Ie'H 1T court Slu'-
Ill. oaae a~.@iasr ~.5 Wetn. WHo Ge
-;at.,j vI,u.-- Ef.H by reason Il 4
io4.Dci residence ii Durham, that
Judge Purneu issued the rule which is
to be made the occasion of q thorough
investigation OF what appears to have
been a glaTing abuse Of the process
of the Federal Court in the interests
of criminals indicted in a State Court,
and to the subverSiOn of justice in that
jurisdiction.
In the Investigation which will be
had, the government will ave the
aid and advice of Solicitor Brooks,
who is familiar with the entire mat
Attorney II to be present and
assist in the development of the case.
1t will be remembered that at the
time the matter was called to the at
tentiOn of Judge Moore at Durham,
he stated that, his court having first
subpOenaed the witnesses, he would
hold in contempt any one of them who
departed in answer to the Federal
Court The abuse of DrO
cess in those instances was therefore
futile and several of the defendants
against whom the witnesses We're used
were convicted and sentenced. But
in the Riggsbee case. through the alb
scnce of the witness Blake, who was
an eye witness of the Offense charged
against him, it cannot be doubted that
the action of the Durham grand jury
IN returning, mot a true BILL" was the
direct result
Witnesses who were s~ubpOenaed on
hph21f of Sol NTnhh anl w n JI-a+rnN
under the circumstances stated. Were
Albert Blake, Hatch Walker. w. D. Nc
liver, T. E. Riggsbee and Floyd Burton
Called to Court, Attention.
h matter first came up in Fed
eral Court soon after it convened
through a statement of Colonel Argo
in defense of a client for whom he
was appearing, one w. NJ. Watson
Colonel ArgO stated that, although
certain of the Witnesses in the Dur.
ham court had been served with sum
mons to aDpea in behalf of his client
they were immaterial and partie.
whom his client did not desire a.
Witnesses; that neither he nor hi:
client had anything to do with their
being subpoenaed and that some one
else haQ both caused them to be sub.
pOenaed and had paid the costs.
District Attorney Skinner thel
stated that there seemed to be a con
SplracE TO break up certain trials il
the state Court in Durham County
and that he mentioned the matter tina
the court might against whoeve,
mad been guilty of an abuse of if
process. The circumstances showed
an unlawful interference with tn,
court and WAS such an abuse Of pro
cess as Was Very near, if not actually
contempt of court. He them sue
gested that the court hear from MI
A. L. Brooks: solicitor Of the nintl
judicial district of the State who wa
IN court, and that he was able to max
a clear and ~accurate statement of al
the circumstances.
Solicitor Brooks. upon invitation O
the court, then stated the facts whic'
mao caused him to come to Raleig,
ana lay the matter before the atten
ton Of the our as follows:
Solicitor Brooks States Facts.
Owing to an accumulation of ease