Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-11-17
CHARLOTTE CONTEMPT CASE.

! In tho news columns this afternoon
| Is announced the outcome Of the con-
tempt proceedings instituted against
| the News Leader by Judge George J.
Hundley, Of the circuit court of Char
lotto county
Ihese proceedings grew out of com
ment published in this paper on tho
case of Aubrey Barrett. The circum.-
stances In that case, now familiar to
readers, were such that The News
Leader had to protest against the ex-
ecution of the boy. We're the same con
ditions to arise tomorrow, The News
Leader would make tho rame effort
to secure q respite until the controv
erted facts IN the case were cleared
up.
Conscious that our utterances were
warranted In tho discussion Of a case
That had been disposed Of In the trial
court, The News Leader received with
, out appreh nsion tho rule issued
against us by Judge Hundley. We felt
that IL such statements as ours were
In contempt OF cour tho time had
como to change the law of contempt.
we felt too, that If we were within our
rights, 1T was important for every
newspaper in Virginia to know that
TACT. We deem 1t as vital to the pub
lie welfare for the press tc be unhamp
cred In the honest discussion of pub
lie questions oh for the courts to be
unhampeTed In honestly administer
ing Justice.
If the cour: wished to establish its
rights, we were at least as anxious to
pSfahliSh aud tn r,ofn TIT,
The News Leader accordingly select
ed counsel with an eye to a complete
roview of the law of contempt I'm Vir
glnia. Our counsel wcro instructed
to prepare the defense of the case I'm
such a manner that it would not only
serve for The News Leader but would
likewise be useful to all Virginia
newspapers in future comments up
on the administration of Justice. It
was OF course, the intention of Tho
News Leader in the event OF an ed
verse decision in tho trial court, %
carry the ca'5o to tic supreme court
CT appeals of Virginia In form that
would If practicable, insure an opin
ION covering the principles involved.
These principles we repeat, are too
vital to remain unhefinen. News
papers must know their full rights if
they are to perform their full duties.
After our case hah been completed
however and after our answer lad
been prepared, 1t apr ocred that Judge
Hundley regarded tia issue ns moro
personal than official, and that ho
had construed the articles III cues
tlcn rs rcflecting upon Eis personal
and judicial honesty. If the Judge
regarded tho question nc thus one be
tween gentlemen rathen than between
court and n newspaper. Tho News
Leader was OF course rrorcred to
NIX ct him cordially on that ground
and to repeat assurances that had
been given in the articles whom thsy
first appeared.
A now and, brief form OF answer
was accordingly prepared, In this
The - News Leader maintains It's
|, rights to make tho criticigms com
planned of denies that thcy arc con
temp.mous and again asserts its con
ftdence--yhi9h he'd never ;been .shak-
on--in tho personM anC judicial hon
csty or judge Hundioy Tho fun text
OF this enswer was printed elsewhere
and was forwarded on Monday to
representatives Of the commonwealth
No personal appearance or appear
ance by counsel, was made. Tho rule
was today dismissed The .-ffair Is
closed. t. 3,
Before Diminishing tho subject from
these columns, The News Leader must
express It's thank to those editors
and readers who so kindly offered
their services In this case. In tho
whole history of tn paper nothing
has been more gratifying than the
promptness aud unanimity with which
friends endorsed our stand In the Bar
rett case and assured us of their sup
port.
AS for the boy whose trial led to
this affair, we iterate our conviction
that he should not be electrocuted, but
should receive executive clemancy We
trust that Judge Hundley will join
with the commemorative attorney in
urging this course upon the governor.
That would add very pleasing end
ing to the chapter Richmond, Va,
News Leader. Nov. 7. 1917