Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1912-10-12
FIFE GR|LLED FOR
CONTEMP I; DID
NOT MEAN It
Judge Adams, in Powerful Ar.
raignment, Scores Conduct
of Accused JuriSt.

feSSlon and plea in evidence.
The judge admitted the things the
court charged him with saying, but de-
MED that he meant to be contemptuous
in saying them.
During the morning session by far
the most impressive feature of the
hearing was Judge Samuel b. Adams
plea in behalf of the court
In that plea he numerically scored
Ffte, charging him with criminal con
tempt against the court, and vehement
ly protesting his attempt to saddle upon
the court OF appeals presumption of
sympathy for a negro would be assail-
ant of a white woman
Judge Adams address was listened
to amid GREATNESS silence. and evil
IDENTIFY impressed the crowded court
room tremendously
Judge Ffte listened to it, pale of face
and plainly nervous.
Elite Late in Appearing.
Inc respondent was not in court at the
hour set for hearing, because of late
train, and postponement was made for
one hour and thirty minutes in order that
he might be heard in order and in full.
| l..
responded through his attorneys, r. w
Miner, George w. Gober, Sam p. Mad
dox and j. M. Neel
The court, of it's own motion, was rep
resented by Judge Andrew j. Cobb and
Samuel b. Adams
Judge Elites newspaper card, to which
the court of appeals took exception, was
read in full
The court of appeals. in its rule against
F1te, set up that Fite's newspaper card
| was contemptuous, and calculated to
bring the court into disrepute and to en-
| barrass it and impede it in the admins
tration of justice.
second newspaper article from Judge
| Eite was then introduced by the courts
attorneys, and which appeared several
days after the first card appeared, to show
the deliberate intent upon the part of
Fite to be disrespectful and contemptu-
GUS
| "No Direct Contempt"
Fites attorneys, after the Introduction
of this evidence, asked time to amend
their answer to meet it, but this was de-
MED by the court.
| Respondents counsel argued that there
was, at least, no direct contempt of the
| court, but that it was constructive and
indirect and not proper case for the
| courts indignant attention.
II was contended that any man, judge
or private, has a right to criticise courts,
and that Fite's card was well within that
rule--that he had the right as a man to
criticise the court through the newspaper
and that he did that, and that only, with
in reasonable lines, and that he had dis
claimed any intent to be contemptuous or
disrespectful in his articles.
Adams Drills Fite.
Judge Miner insisted that any citizen
has the right to criticise any court, save
in pending cases. but not to insult it, and
that Fite positively denied in his answer
all intent to insult.
Judge Samuel B. Adams, for the court.
contended that the contempt was not only
well defined but positive or criminal.
He said it was not question of con-
tempt against persons, nor was it any,
thing In the nature of a civil contempt,
which was a much less serious offense,
and that it was particularly outrageous
| in that it raised the race issue and the
sanctty of womanhood to the prejudice
of the court and its malicious embarrass-
| ment.
Judge Adams said that no more repre-
| hensible case of criminal contempt could
hardly be imagined. He denied the con-
| tention of respondents counsel that, at
the time Of Fite's contempt the McCuI-
Tough case still was pending in courts, and
| that the defendants case was not legally
| concluded
Judge Adams quoted numerous rulings
| of other courts to show that Fite's not
| only was direct and not constructive, but
| criminal and subject to the courts au-
thority. He said that Fite's assault upon
| no oF Ie
cious in view of the fact that he himself
is judge and charged above all men.
therefore, with maintaining the dignity of
the courts. Judge Adams said that no
man had a right to call a court corrupt
and dishonest, and then say he didn't
! mean it'--and that that was all Fite did.
Emphasizes Contempt.
| He particularly emphasized the con.
| tempt of Fite's attempt to raise a pre-.
sumption of sympathy upon the part OF
the court for a negro assailant of white
woman, and said that was the most in.
| sulting and contemptuous utterance OF
all Fite said
Judge Adams address was delivered
| with extreme dignity and listened to in
! foundly impressed audience.
At the conclusion of Judge Adams adj.
| dress, the court adjourned until o clocl
| this afternoon.
| NCtI dClS FIIlIui.'
Judge Fite, in his reply, said that he
| intended no injustice In not having the
| jury polled but wanted to expedite mat
| tiers to appease mob passions Among
| other things, he said
| 1t is probable that this honora bic
| court did not recognize, as did your re-
| spondent the necessity for prompt and
! immediate action upon the rendition Of
| the verdict, or the existence of such ne
| cessity as reason why this respondent
| overlooked the right in defendant of hav-
| ing the jury in that case polleu, if he so
desired. 1t will be recalled that this de-
| cision was quoted at length in the daily
| papers of the state, with various criti-
cisms of the same. not all of which were
! calculated to engender in the public mind
: that respect for your respondent as a
| court, SO essential to every trial court
who directly seeks to administer Justice
! to the litigants in his circuit
| In the decision rendered by this hon
ora bic court, where many assignments Of
! error were made with reference to the
! charge and the refusal Of the court to
charge requests, all of the actions Of your
| respondent were approved by this hon
| ora BILE court with the exception of allow
| ing the defendant to poll the jury.
! ITO be specific as possible with refer
| enCe TO the article published respondent
| refers to the following parts to- wit.