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


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
nearing was Judge Samuel b. Adams
plea in behalf of the court
In that plea he numerically scored
Fite, 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 negro would be assail-
ant of white woman.
Judge Adams address was listened
to amid breathless silence. and evil
IDENTITY impressed the crowded court
room tremendously
Judge Fite listened to it, pale of face
and plainly nervous.
Fite Late in Appearina
The 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
ne might be heard in order and in full
Judge Fite was present in court. but
responded through his attorneys, r. w
Miner, George w Gober. Sam p. Mad
dox and j. NJ. Neel
line. court of its own motion, was rep
resented by Judge Andrew j. Cobb and
Samuel b. Adams.
Judge Fites newspaper card. to which
the court of appeals took exception. was
read in full
The court of appeals in its rule against
Flte, set up that Fites 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.
A second newspaper article from Judge
tlte 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
Ffte to be disrespectful and contemptu-
GUS.
mo 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
1t was contended that any man, Judge
or private, has right to criticse courts
and that Fite's card was we'll within that
rule--that he had the right as a man to
crltlcise the court through the newspa per-
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 a 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
sanctity 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 tite's contempt the McCuI-
lough 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
the court of appeals was particularly vi
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 right to call a court corrupt
and dishonest. and then say he didn't
mean IL 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 negro aSsailant Of a Whfta
woman, and said that was the most in
surfing and contemptuous utterance OF
all Fite said
Judge Adams address was delivered
with extreme dignity and listened to IN
breathleSs silence by an evidently pro,
foundly impressed audience
AT the conclusion of Judge Adams ad.
dress, the court adjourned until o'cIOci
this afternoon
Retreats "PtifuI"
Judge Fite. in his reply, said that ne
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 honorable
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
cesslty as a reason why this respondent
overlooked the right in defendant of hav-
Ing the jury in that case polled if he So
desired. 1t viii be recalled that this de-
cision was quoted at length in the daily
papers OF the state, with various criti-
clsms Of the same, not all Of which were
calculated 10 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 litgants in his circuit
In the decision rendered by this hon
orab court where many assignments of
error were made with reference 10 the
charge and the refusal Of the court 10 |
charge requests, al Of the actions Of your
respondent were approved by this hon
ora BILE court with the exception Of allow
ing the defendant to poll he jury
ITO be specific az posS bic with refer
ence TO the article published, respondent
refers 20 the following parts to-Wlt. /
Where 70 IS said that the reversal Is |