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.
| llundley, Of the circuit court of Char
lOtte county
These proceedings grew out of com
ment published in this paper on the
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-
ccution of the boy. Were the same con
ditions to arise tomorrow, The News
Leader would make the same effort
to secure respite until tho controv
ertcd facts in the case were cleared
up.
Conscious that our utterances wcre
warranted In tho discussion of a case
mat had been disposed of in the trial
court, The News Leader received with
out appreh nSion tho rule issued
against us by Judge Iundley We felt
mat IL such statements as ours were
III contempt of cOur tho time had
come to change the law OF contempt.
we felt too, that IL we were within our
rights, 1t was important for oyery
newspaper In Virginia to know that
tact. We deem 1t as vital to the pub
lie welfare for the press to be unhamp
cred in the honest discussion of pub
lie questions al for the courts to he
unhampcred in honestly administer
ing Justice
II the cour' wished to establish its
rights, VIC were at least as anxious TO
q md 10
The News Leader accordingly select
cd counsel with an eye to a complete
review OF the law Of contempt in Vir
Einia. Our counsel wee instructed
to prepare the defense of the case in
such 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 CT an ed
verso decision in the trial court, o
Gerry the cajt to tie supreme court
'f Appeals Of Virginia III form that
would if practicable, insure an opin
ION covering the principles involved.
These PRINCIPLES We repeat, arc too
vital to remain unhcfinen. 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. it APP c2rcd that Judge
ltundiey regarded tn" issue IS more
personal than Official, and thct he
had construed the articles in cues
tl'n as rcflecting upon Ills personal
ana Judicial honesty. If the Judge
regarded the question az thus one be
tween gentlemen rather than between
Il court and a newspaper. The News
Leader was OF course rrorcrcd to
M ct him cordially on that ground
and to repeat assurances that had
been given In the articles when th.y
first appeared
~ new and brief form Of answer
was accordingly prepared, In this
Tho News Leader maintains it's
rights to mako tho criticisms com
planned OF, denies that they arc con
tempMous and again asserts its con
ftdence--whi9h he'd aevcr been shak,
on-in the Personal anC judicial hon
csty or judge Hund.oy Thu run text
OF this cnswcr was printed elsewhere
and was forwarded on Monday to
representatives OF tho commonwealth
No personal appearance or appear
ance by counsel, was made. The rule
was today dismissed Tho .~ffair Is II
closed.
Before dismissing tho subject from
these columns, The News Leader must
express its thank. to those editors
and readers who 80 kindly offered
their services in this case. In tho
whole history Of th paper nothing
has been more gratifying than the
promptness and unanimity with which
friends endorsed our stand in the Bar
rctt 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 clcctrocutcd, but
should receive executive clemency We
trust that Judge Hundlcy will join
with the commonwcal attorney in
urging this course upon the governor.
That would add a very pleasing end
ing to the chapter. Richmond, Va,
News Leader. Nov. z. i0I7