191 Ind. 580 | Ind. | 1922
This case is one of alleged contempt of court by appellant, acting at the time of such contempt as a grand juror. He, with the other five grand jurors, appeared in open court, and filed with the court what the grand jury termed to be its final report. The judge of the court did not know the contents of the report so filed until after the grand jury had separated and gone to their several homes; and on the day following the filing of such report, the judge prepared a written statement' of such parts of such report which was alleged to constitute contempt of court; which written statement was set forth in the order of the coürt, and which directed the arrest of appellant. The written statement made by the court, in which was set forth the contemptuous language used by appellant and his co-grand jurors in their said report, is as follows: “Be it remembered that heretofore, to-wit: — December 19th, 1920, the following named parties, to-wit: — Lance M. Coons, et al, and the other five grand jurors, who were then and there members of and constituted the grand jury of Delaware Circuit Court for the September term, 1920, came into open court and as such jurors and in open court presented to the court for filing and to be filed what was by them denominated the grand jury’s final re'port, which said report so presented was signed by each and all of said parties and by each and all presented to the court as aforesaid; ■ that said report so presented and when presented in open court contained the following scandalous, false, libelous, and contemptuous language and paragraphs, to-wit:—
“ ‘The grand jury also laments the fact that the presiding judge is known by the members of the bar to be biased and prejudiced to such an extent that a large number of attorneys at the bar believe him to be so unfair in the trial of cases in his court, that they cannot get fair rulings and decisions from the judge, to such
Also the following: — “ ‘The grand jury returned into the court after a further investigation, an indictment against Court Asher for burglary; who is generally known to be a law violator. Humble, law-abiding citizens wanting homes and citizens protected from thieves and burglars, and innocent women and children perhaps from death at the hands of burglars we think this man, Asher, who was charged with burglary, should have been punished and sent to prison. There was no doubt, from the evidence, as to the guilt of Court Asher. It was not denied. The presiding judge blocked the efforts of the prosecuting attorney and would not let the case go to the jury for a decision, but deliberately selected one of the petit jurors and requested him to sign a verdict of not guilty, and thereafter refused the prosecuting attorney permission to poll the jury/”
Also the following: — “‘We are of the unanimous opinion that through a connivance and conspiracy on the part of the presiding judge, Court Asher, Tom Miller and others,'the burglary case against Court Asher was fixed and understood between the parties that Court Asher would be assisted in his defense by the presiding judge and his acquittal had. And in support of this opinion we have the sworn testimony that Court Asher, a short time before the trial of his case, offered to bet and wager money that if he were tried in this court he would be acquitted/ ”
Also the following: — “‘And we, the grand jury, do not believe that the presiding judge of our court should hand out such high-handed decisions. We believe that Court Asher was guilty of the crime charged against him in the indictment, and that, had the presiding judge
Also the following: — “‘Members of this grand jury saw the presiding judge talk privately with Tom Miller, after he, Tom Miller, had been indicted for burglary by this grand jury, and we are appraised of the fact that the presiding judge, after learning that Tom Miller and Court Asher and Gene Williams had been indicted for burglary in an adjoining county, communicated with an officer of an adjoining county and requested that officer to be very easy on Court Asher, Tom Miller, and Gene Williams.’ ”
Also the following: — “ ‘For us to say that the good citizens of Delaware County have been outraged by such misconduct on the part of our presiding judge is putting it mild, and in behalf of the decent and respectable citizens of Delaware County who pay their taxes to maintain a court house and a court where justice should be meted out to lawless people, we the grand jury, make this requést that the presiding judge, William A. Thompson, forthwith transmit his resignation as the judge of the Delaware Circuit Court to the Honorable James P. Goodrich, Governor of the State of Indiana, and that the same be effective at once. The presiding judge being declared the protector of criminals, has no right to sit upon the bench and further.usurp the office of judge.’ ”
“That all of the above and foregoing paragraphs were contained and set out in said report when the same was so presented to said court for filing in said court.
“That said report was passed to the court at about dusk on Saturday December 19,1920, and that the court did not see and know the contents of said report until after the said grand jurors had separated and gone to
At the time fixed in the warrant the sheriff produced the said members of said grand jury in court.- Thereupon appellant presented to the court for filing, and offered to file, his verified application and affidavit for change of venue from the judge; and the court refused to note the filing of such verified application and affidavit, and refused to file the same, or permit the same to be filed as one of the papers in said cause. Thereupon appellant and his co-grand jurors presented to the court for filing, and offered to file, their separate and several motion to quash and set aside the writ; and the court refused to note on its minutes the filing of such motion, and refused to file such motion, or to permit it to be filed; and thereupon appellant, 'together with his co-grand jurors, offered to file their separate and several answer to the statement of the court theretofore entered of record; and the court refused to note the filling of said answer, and refused to file it, or permit it 'to be filed; to all of which rulings by the court appellant
The case comes to this court on appeal based on ten assignments of error, to-wit: (1) Refusing to note the finding, or to file application for change of venue from the judge; (2) refusing to note the filing of, to file, or allow to be filed a motion to quash and set aside the writ; (3) refusing to note the filing of, and to file the verified answer; (4) refusing.to have noted upon the docket of the court the filing of the verified answer; (5) in rendering judgment; (6) in the opinion and judgment of the court; (7) overruling the motion to reconsider opinion and judgment; (8) overruling motion for a new trial; (9) for rendering judgment without arraignment, and without requesting appellant, or allowing him to make a statement in explanation, extenuation, or denial of the charge; (10) - for refusing to allow appellant to make a statement in writing, which he offered in explanation, extenuation, and denial of the charge.
The answer' sought to have been filed by appellant, having included in it the whole of the report which contained the contemptuous language, the truth of which was by such answer reiterated, confirmed, and enlarged upon, together with the assertion that the grand jurors had the legal right to thus attack the judge, was in no
According to the published reports, it seems that there have been fewer cases in the United States of this character, wherein corruption and perversion of justice-have been imputed to the judge directly and in open court, than for physical blows or chastisement by angered parties and witnesses; and it seems to be the greater weight of authority, that to impute corruption and perversion of justice to a judge is attended by more mischievous consequences than a blow. King v. Almon (1765), Wilmot’s Notes 243; Queen v. Gray (1900), 2 L. R. Q. B. 36; Commonwealth v. Dandridge (1824), 2 Va. Cas. 408; Burdett’s Case (1904), 103 Va. 838, 68 L. R. A. 251, 106 Am. St. 916, 48 S. E. 878; State, v. Morrill
There was no error in overruling the motion to reconsider the opinion and judgment of the court.
Judgment affirmed.