187 F. 378 | U.S. Circuit Court for the Southern District of Georgia | 1911
(orally). I am frank to say that I was very much shocked by this incident. Our courts in this district have been for so many years conducted with such decorum and decency that the occurrences of yesterday were abnormal, and distressing to the presiding judge, exceedingly so. On reflection, counsel, and the public generally, will see how true and justifiable is such emotion in the breast of a judge.who is anxious' to do his duty; and surely I can claim that much for myself.
“Nor do we question the general propositions that the federal government established by the Constitution is absolutely sovereign over every foot of soil, and over every person, within the national territory, within the sphere of action assigned to it, and that within that sphere its Constitution and laws are the supreme law of the land, and its proper instrumentalities of government can be subjected to no restraint, and can be held to no accountability whatever.”
This hearing is within the sphere of the Constitution. That Constitution authorizes “the establishment of justice.” A court, then, assisting in such establishment of justice, is bound to see to it that counsel unimpeded shall represent their clients in order that right may be plainly made to appear to the triors passing upon it. That is too plain for argument.
That these two defendants violated the law, and the respect due the authority of the court, is unquestioned. One of them, in sight of the jury, assaulted the defendant’s counsel. However much Mr. Pierce may have attempted to defend himself, plainly the aggressor was Mr. Barrett. Mr. Reid aided and abetted in warning others off, as he himself admits in his testimony, and as substantially admitted by the verbal answer which he has filed. That is contempt of the court. I do not know but that it may be the duty of the court to set aside the verdict, for the reason that a verdict rendered when parties in sight of the jury fight over questions arising in the case is not in accordance with that serene, pure, and impartial administration of law which our country demands at our hands. All the anxiety, delay, expense, and trouble of this litigation may be gone over again, all due to this disregard of the law by Mr. Barrett.
Such conduct is plainly within the jurisdiction of the court; for the court had not only jurisdiction of the subject-matter, but jurisdiction of the parties before it. It cannot be said that Mr. Barrett was not a party before the court. This is true, and these excitable gentlemen,
This being true, the court will impose a very mild penalty upon them, not because they are prosperous, but because it has the disposition to do so. It gives them no advantage that it would not give the poorest man in the land. Probably a poor man might get off with a $5 fine, because that to him would be as great a penalty as that which the court feels obliged .to impose on these gentlemen.
That is that Mr. Barrett pay a fine of $100, and Mr. Reid a fine of $50, and that they apportion the costs of this inquiry between them proportionately to the respective fines. And let us hear no more, gentlemen, of' assaults upon attorneys for doing their duty in this court.