151 Ind. 553 | Ind. | 1898
This was a proceeding for" contempt of conrt, growing ont of the facts and proceedings in the case of Saunderson v. State, ante, 550. The proceedings in the case at bar were based upon a statement made and filed in the Benton Circuit Court by the judge of that court. From this statement it appears that on April 29, 1898, during a court day, the judge left the court for a short time to visit a sick friend, and while so absent was informed by the court bailiff that the attorneys wanted him at the court house; that thereupon he returned, “and, finding no one in the court room proper, was told by the bailiff that the attorneys were in the room adjoining, generally used for the consultation of attorneys, and, in case a special judge is trying a cause in the court room, is also used to try causes before the regular judge, and in hearing reports and probate matters.” The statement further shows that in this room the judge, on entering, found the appellants and six others who had participated in the preparation of certain resolutions adopted in vacation of court, February 19, 1898, being the same resolutions referred to in the case of Saunderson v. State, supra. With the purpose to restore good feeling between the judge and the attorneys, and prevent further publication of said resolutions, the judge had theretofore presented to said attorneys a statement which he asked them to sign and make a part of the records of the court. When the judge entered the room on this occasion, as so invited through the bailiff, he found the attorneys talking over his written proposal, “and, instead of assenting thereto, it was asserted, in an angry and contentious manner, by some of said, eight persons, and not rebuked by the others, that the resolutions were right, that'they spoke the truth, that the publication” was right, etc., using, also, certain