Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1924-07-31
Editor Magee Vows To Stay In Jail
By Carl C. Magee, Editor of New Mexico State Tribune
Forever For Sake Of Legal Rights


had not asked for my prosecu-
ton. He said freely that he did
not think the article libelous.
Nevertheless l was sentenced
to a year to Is months in The
penitentiary by Leahy.
In the meantime l attacked
the way was being railroaded
in order to silence me. 1 allowed
no newspapers containing the ar
ticles to come into San Miguel
county during the trial, as I did
not wish to affect those directly
concerned with my trlal. Re
CARELESS Of this was cited FOR
contempt for publishing these
articles. Each day / was cited
as the articles appeared.
Court Denies Ii Is Corrupt
On the trial of four Of these
cases. which were consolidated,
| was denied change Of venue
and change Of judge or a trial b.
Jury. l answered, alleging the
truth Of my statements.
For a week we introduced be
fore Leahy evidence Of his cor
ruption. But it didn't take.
Leahy held that he wasn't cor
rupt, and sentenced me to year
in Jail and a $4,000 fine.
The Governor corrected all the
above with pardons, saying that
the whole proceeding was "a blo5
on the State and disgrace &c
the good people thereof"
The Supreme Court affirmed
the validity of the parlons ard
[ presumed the incident closed.
However, 1 continued to attack
Leahy, trying to draw him into
suing me for libel, where | could
get some one else on the bench.
He SHES at this.
Cited On Another Charge
Two weeks ago Leahy set for
trial on July 22 one Of these con-
tempt cases which he had con-
tnued indefinitely a year ago. l
wrote a story announcing the set.
ting and saying that 4 have a
much chance with Leahy as laml
has with a butcher" The latte
was comment on a pending
case" and drew a new citation
for contempt.
When the cases came up Leahy
announced that he would change
his ruling of year ago that the
truth of the statement would
constitute a defense. He held
the articles to be contemptuous
even if true.
This left me defenseIess. He
didn't like the publicity regard
ing his corrupt practices. l stood
mute. He found me guilty, of
course. He then asked me if Z
cared to give any reason why i
should not be punished
/ replied simply and courteous
ly:
81 deny that this is a court or
that | am being accorded due
process of law"
He at once declared that state
ment a direct contempt. He
sentenced me to from 90'days to
six months on each case, and I'm
here and viii stay here before l
win rgcede.
How Contempt Law Operates
Now, what is the net result on
the public generally? The con-
tempt law as it has grown up al
fords the courts a short route to
deny q change Of judge: the RICH
to have a grand jury first accuse
you; the right of presumption oil
innocence; trial by jury, or 80
be confronted by your aecusers.
The courts have found a way to
take away by court ruling the
60-year-old guarantees Of free
men and all American Constitu-
tional rights.
deny that such is the law and
win fight such pretensIons to the
death
Probably no one else in the
United States has as hord-boilcd
situation TO deal with as I have
but If the rule viii stand judges
can control newspapers absolute
ly and the freedom Of the press
viii be gone
Asks Rights OF Murderer
II newspapers abuse their ee
dom in the discussion of pending
cases, they should be indicted
and tried exactly like any other
criminals. That might not help
me much in San Miguel county,
but under most circumstances it
would afford the corrective Ell
feet of q jury and an impartial
judge.
Accompanied by the usual
rules Of change of venue and
presumption of innocence tins
kind 'of newspaper offender
would be ON ais favorable lega
footing as a murderer or rapist.
Even q nou-sna14o,. ysson ebofflT