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Show 428 APPENDIX. l\1r. Meredith said he had found nothing m the authorities, either English or American, where persons were held guilty of a contempt in responding to a writ of lwbeas corpus unless the return was evasive. Ire referred to a case in 3 Mason, where, in a return to a writ before Judge Story, there was clearly an eYa ·ion shown on the face of the return. Under these circumstances, Judge Story declared that the course of practice was to propound interrogatories .and compel the respondent to disclose n1ore fully. l\1r. l\I. submitted whether it was not proper to subject the petitioner in this case to a further questioning. He could not find in Engli h or American books any othC'r course. l\Ir. l\I. supposed that the respondent was committed until he should answer interrogatories. "\Vhy had they not been propounded in the form that the court might think proper to put them? No case could be shown in which a defendant wa. to be committed for contempt, until he presented a prayer to haYe interrogatories propounded to him. How is he to answer what has not been filed ? According to the books, the defendant may come into court at any time, and take advantage of an omission to file interrogatories within four dnys. If another view hould be taken by the court, he would then ask that an order be made to show the defendant what he was to do to rid himself of the contempt. Judge Kane said that the defendant could make a declaration, that he was now ready to answer interrogatories. Mr. Meredith asked that the court make an order submitting certain interrogatories, such as it would deem sufficient, to the prisoner, the proper answers to which would be enough to purge him of the contempt. The court then said, 'In some of the cases mentioned we know that the party adjudged to be in contempt submitted himself to interrogatories, either by writing or per se. I see no difficulty in the way of the court's gh·ing this decision in the form of an order. 'The suggestion of the counsel now has frequently been intimated by the court. The prisoner might at any time, under a proper application, have been before the court. If there was a misunderstanding of the position of the case by the counsel for Mr. vVilliamson, it is a matter of sincere regret to me.' Mr. l\leredith said he could not find any case of petition that interrogatories should be filed, in any of the Engli h books. Judge J(ane.-The gentleman, :1\Ir. \Villiamson, is now recusant, and I often think that forms SO?Jtethnes have meaning; and I cannot interfere otherwise than to say as I have said above. • APPENDIX. 429 llfr. llleredith.- I can en l arge the rem'a rk and savJ th• at forms alwayds . He araucd that the purging intcrrogatonc must be file . nave meamng. b I d f· 1 the If not filed the party wa en t"1t led to his discharge. 1 e argue robn . 'p. f e' of Smith that the defendant ought only to e 1m- ' Chancery 1ac rc ' · . tories put to pn. sone d un t1'l he sha< ll have properly answered the mtenoga himl\I.r Van Dyke, the district attorney, th en said that . the questiho nt now. wa::; w. hether a persoil, in contemp-t, h a d any ,s tandinag· m coTuhret war aau meveenr .t So far as :1\Ir. \Villiamsou r. s coucerned ' he has no tan mg. . a <a ibn s t the the other side must be taken as argumg g , of the gentlemen on . n r·n contempt come into 1 . ·t Ilow far can a ma adjudication of t ns com . ' H d'd tlre counsel get over the fact, th t con tempt ' ow 1 cthoautr th iasn cdl ipenutr gwea s m.a contempt.;> . H emu st first submit himself to the court by as kin . . 1 · nself of contempt. n- to be permr tted to pm ge Ill l' closed by 1\Ir Mb eredith closed the argurnen t, an d the proeeec mg wha s ·d . d(T 1\:me of the following order on t e recor . an entry on the part of Ju_ b.e ' A d now October the 20th, 1855, the The United States v. JVdlwmson. n ' t . d and file t u on the motion for leaYe o rca ' COUrt haYing heard argumen p . . r "f lg purportiwr to be the d . thiH C'\Se a certam paper "n .n o among the recor s, m . '. ' d 1 .· onsidcred thereof, c1o rcfn:-;e P \V'lhamson an 1a,mg c · petition of a smore 1 ' ' 1 th . · d Pas more \Vii- . h as it appears t Iat e s,u . the leave moved for' masmuc f 1 . ~ o ut and that by the said . · · a in contempt o t 115 c t ' ' liamson 1S now remarmno . f f his s·tid contempt, nor . . 1 doth in no wise mn.kc purga wn o . , " . paper wntmg br e that he may be penni" tte d to make snch purgation; < , doth he there y pray ~ . . h tl not at this time a standing wherefore the said Passmore \VIlhamson a 1 in this court. h t the said Pa smore \Villiamson may, when To the end, however, t a ·a t t it . . readil r elieve himself of his sm con emp ' thereunto mmdcd, the more ' . _Y . ··t· t be filed with the clerk, h r • by petrtwn m wn mg, 0 is ordered that w ene' er ' d 1 . th or solemn affirmation . · 1 . 11 set forth un er us oa . Passmore vVrlhamson s 1:.1 ' t )t beC''USe of which he 15 h. 1f f the con em1 " that 'he desires to purge nnse. o . . . ke true answers to such d d t that end 1S Wlllmg to ma now attache ' an o 1 . b tl e court touclting ihe mat- . be addressed to 11m Y 1 ' . in terrogatrons as may " "t f l.ittbcas CDl')'JllS to hun - · d f by the wn o ters h eretofore legally enqmre o l . , tl the marshal do bring the 1 . f J hn II \Vhee er, ren ' directed, at the re atwn ° 0 · . . . , · or if the court be r· . b f e the court, If m sessiOn, • said rassmore \"\ 1lhamson c or . ., t b. de the further t1 "udCTe at }us chambers, o a 1 not in session, then before le J t') • • f h . ·dered that the clerk do . h. b half And 1t 1S urt er Ol order of the court m 1S e c • • ore vVilliamsou, and to the furm.s h cop1. es o f this order to the smd Passmh 1 attorney of the United States, and to the mar a . • |
