186 Ind. 396 | Ind. | 1917
This is an appeal from a judgment of the Marion Criminal Court by which appellant was convicted of an indirect contempt of that court by the publication of an editorial in a newspaper of general circu
The facts constituting the alleged offense were brought to the knowledge of the court by 'an information duly verified and filed by the prosecuting attorney. Upon the filing of the information an order was entered by the court ordering the appellant to show cause why he should not be punished for contempt, a copy of which order was served on appellant. Afterwards appellant appeared and filed his verified answer in discharge of the rule. After hearing argument on the sufficiency of the answei the record shows that the court made a finding of facts and filed the same and ordered the clerk to make such findings a part of the record. Thereupon the court issued an attachment for the defendant and, the sheriff having brought the appellant into court in obedience to said writ, the court found him guilty of contempt of court and fixed his punishment.
The editorial publication upon which the information for contempt was based was as follows:
“The Republicans are having a hard time getting the Marion County grand jury to ‘come through’ with batches of indictments against 150 democrats for alleged violations of the election laws. A good pointer has reached us to the effect that Judge Collins tried to confine the grand jury until indictments were agreed upon but failed. Our information is that two members of the grand jury are holding out and refusing to indict and they will not sign the indictments. It requires five out of six members to find an indictment. Every known method of coercion has been used, we are told, to secure indictments but so far it has failed. The grand jury is yet in session and many rumors are current that the jury wants to adjourn but the powers that be refuse to permit adjournment. It is said that several meetings have been held by officials to devise ways to force the grand jury to bring the desired indictments, all of which have failed. There has never been any talk in the jury*399 room about including two prominent Democratic politicians, however.”
Appellant says that prior to the publication of the article, the Republican organization had held a meeting and appointed a committee charged with the duty of procuring evidence as to frauds perpetrated at the November election, 1914; and that such committee had been engaged in an attempt to secure and present such evidence to the grand jury as would result in the return of indictments against a large number of Democrats in the, city of Indianapolis. He stated that the language to the effect that the Republicans were having a hard time getting the Marion county grand jury to “come through” with batches of indictments against 150 Democrats, for the alleged violation of election laws, was used in said publication with reference to efforts of the committee to obtain and present to the
By the language, “A good pointer has reached us to the effect that Judge Collins tried to confine the grand jury until indictments were agreed upon but failed,” appellant says that he meant only to say that the Judge had attempted to confine the grand jury until it had reached some determination as to the indictments. Appellant states that at the time of such publication he believed that the court had the same right to order the grand jury to be confined until matters pending before it were disposed of that it had to confine a petit jury, and that such language was not intended as a criticism of the attempted action of the court and was not intended to impugn the motive of the court in attempting to confine the grand jury. The explanation thus given does not cover the language to which it refers. Appellant did not state what he meant by saying, “A good pointer has reached us,” in connection with the statement that Judge Collins had attempted to confine the grand jury until indictments were agreed upon but failed. If the fact as stated that the judge had attempted to confine the grand jury until indictments were agreed to was to be regarded as a “pointer” as clearly stated, the writer must have intended to say and to be understood as saying that such conduct pointed out or indicated something. When the language we have been discussing is considered with the language immediately following it in the publication, its
“Our information is that two members of the grand jury are holding out and refusing to indict and will not sign the indictments. It requires five out of six members to find an indictment. Every known method of coercion has been used, we are told, to secure indictments, but so far it has failed; The grand jury is yet in session and many rumors are current that the jury wants to adjourn, but the powers that be refuse to permit adjournment.”
The sworn answer wholly fails to explain the language just quoted so as to show that it was susceptible of any meaning consistent with an honest, fair and impartial discharge of duty by the court and grand jury in respect to the proceedings then pending. The statements to the effect that every known method of coercion had been used to secure indictments, and the other statement that two members of the grand jury are holding out and refusing to indict, when coupled with the statement in regard to the “pointer” afforded by the- action of the judge in attempting to confine the grand jury until indictments were agreed upon makes the meaning perfectly clear and plain, to any reasonable mind. The language under consideration does not require the use of any innunendoes to -make its application or meaning clear. It clearly means that there was an effort being made to coerce the grand jury and' its members into returning indictments against which two of the members were holding out and that the conduct of Judge Collins in attempting to confine the jury until it agreed on indictments was a “good pointer” to indicate his connection with this effort and that he had been willing to use his official power to assist in accomplishing the end sought.' Such language is an attack on the official conduct of the court, and its publication constitutes a contempt of court.
It may be proper to say that this court in the consideration of the case has wholly disregarded what is designated as the finding of facts filed with the clerk of the trial court. The judgment is treated as resting solely upon the facts disclosed by the information and the sworn answer of appellant thereto.
The record shows no reversible error. Judgment affirmed.
Note. — Reported in 114 N. E. 866. Contempt: (a) by publication or statement reflecting upon a judge in the performance of ministerial duties, 15 Ann. Cas. 658; (b) disclaimer of intent as defense, to a charge of contempt by newspaper publication, 13 Ann. Cas. 503, 9 Cyc 21, 25, 13 C. J. 34; (c) indirect contempt, language constituting, 9 Cyc 21, 13 C. J. 34; (d) power of court to punish, 9 Cyc 26, 13 C. J. 46.