The Lexington advertiser. [volume] (Lexington, Miss.) 1904-1985, 1946-10-31
Bill Of Exceptions
Filed In Contempt
Case; Appeal Made

Mississippi SuPreme
Court Will Poss On
Contempt Verdict
A Bill of Exceptions has been
filed to the opinion stated by Judge
S. F. Davis in sentencing Miss Hazel
Brannon, Holmes county publisher,
to Is days in Jail and payment of a
fine of $4,000, for alleged contempt
of court in a hearing held at Lex
ington Monday. Both fine and Jail
sentence were suspended for a two
year period pending good be-
haviour."
The Bill of Exceptions was signed
by Judge Davis when presented to
him by Hon. Vaughan Watkins,
jackson, counsel for Miss Brannon
and Hon. Ben Wilkes, Greenville.
Miss Brannon, in signing the Bill
Of Exceptions, stated that at the
time referred to by Judge Davis,
when called up before the court
proceeded to give the Court a curt
lecture to his duties" she did not
know or consider herself to be
under arrest or in a court; that she
had merely been told: Miss Brann-
on, Judge Davis would like to see
you a few minutes in the court
ROOM"
She stated that as a matter of
fact she had considered the matter
neither pressing or urgent and In
knowingly kept Judge Davis wait
ing some fifteen minutes until she
had completed telephoning she was
engaged in when told Judge Davis
would like to see her; that when she
actually went before Judge Davis
in the courtroom she still had no
idea she was under arrest or in a
court since Court for that day had
been recessed until Tuesday; that
any statements made by her to
Judge Davis at the time he called
her up, were made as one citizen to
another and not as a defendant in
a court.
The Bill of Exceptions states
Judge Davis delivered the sentence
on Miss Brannon on charges which
she had not been accused of and
charges which she had no opportun-
ity to answer.
The Bill of Exceptions, now a part
of the official Court record, will be
attached to the proceedings as the
case is appealed to the Supreme
Court of Mississippi.
1t follows:
BILL OF EXCEPTIONS
Comes now, Hazel Brannon, De-
PENDANT, in the above styled and
numbered cause and prays this
Court for a Bill of Exceptions and
would show in support the follow
ing:
/. The Honorable Court in re-
Spouse to the answer Of the Defend
ant and a renewal Of the apology for
the alleged contempt answered,
quote THE Defendant cussed out
this Court.
The Defendant requests a Bill Of
Exceptions for the reason that no
information or charge was pending
against her for quote 'cussing out
the Court. The Defendant states
that she is prejudiced by the con-
sideration of the Court in the trial
of a charge which was not made
against the Defendant and the De-
PENDANT ha@ no opportunity to
defend herself against a charge in
the mind of the Court but not pre-
ferred against the Defendant.
2 That this Honorable Court in
its opinion in passing sentence upon
the Defendant, which opinion was
not reduced to writing and is not
a part of the Record stated the fol-
lowing, substantially: "The Court
is of the opinion that you r guilty
as charged. I sympathize with you
and sorry you got in this mess, but
you brought it on yourself, / realize
you are putting on a great campaign
for law and order but if you read
history you wilr see that the only
perfect being didn't make much of
hit with his reforms. He reformed
a few and left this advice Before
you clean up someone else clean up
yourself, SO few of us pure r left.
| have been around a long time and
know the job it is to clean UP Holmes
1 don't believe you a do
it, am of the opinion that when
Gabriel blows his horn and rolls
back the scroll of Heaven he will
lind the world like it is today. I arm
sorry that is the situation / get no
pleasure out of sentencing you, I