Holman v. State

Citation5 N.E. 556,105 Ind. 513
PartiesHolman v. State.
Decision Date05 March 1886
CourtSupreme Court of Indiana

OPINION TEXT STARTS HERE

Appeal from Fulton circuit court.

E. Myers and M. L. Essick, for appellant.

The Attorney General, for appellee.

Elliott, J.

This appeal is prosecuted from a judgment declaring the appellant guilty of a contempt. A statement was filed by the judge, charging the appellant with a direct contempt, and from that statement we take these material facts: During the trial of the cause before a jury, the appellant, as counsel, propounded a question to a witness. To this question an objection was sustained. After this ruling was announced, the appellant rose to his feet, and insisted upon making an argument on the question ruled upon. The court requested him to sit down, as an argument was not then in order, but, as the statement recites, the appellant peremptorily, and in the most defiant manner, declared that he would not obey the request of the court and said: “I will stand here while it suits me to do so.” The court again directed him to be seated. This direction was disobeyed, whereupon the sheriff was directed to remove the appellant to another part of the court-room. The sheriff obeyed this order, and, while the appellant was passing in front of the judge's bench, he said to the judge: “I will get even with you.” A counter-statement was filed by the appellant, giving a somewhat different version of the matter, and showing that the judge, in ruling upon the objection, made an ill tempered and undignified remark.

We do not deem it necessary to set forth in full the statement made by the appellant, for we cannot yield to it as against the statement made by the judge. Where a matter takes place in the presence of the court, and the judge places in the record a statement of the occurrence. the appellatecourt is bound to accept as true the statement of the judge. It would lead to unseemly conflicts, and greatly impair the power of a court, and much weaken the respect which counsel are bound to yield to it, to permit attorneys to contradict statements made by the judge, rehearsing matters which occurred in open court. Where an act constituting a direct contempt is committed during an open session of court, and in the presence of the judge, it is very doubtful whether the legislature has power to require the judge to make any formal written charge, but we need not now decide that question, although it is proper to say, in passing, that the weight of authority is that the legislature has no such power, for here the judge, in obedience to the statute, did make a formal statement. As that statement is confined to matters that occurred in open session, and in the presence of the judge, we must treat it as importing absolute verity. While we are compelled to accept the statement of the judge as true, we can readily perceive, from the explanation contained in the counter-statement of the appellant, that the judge was betrayed into a discourteous remark that was likely to inflame the anger of an attorney, and lead him into a line of conduct incompatible with the duty he owed to the court. It is a matter of regret that a judge should manifest bad temper while on the bench, or rudely treat counsel, but the wrong of the judge cannot excuse the misconduct of counsel. It is often necessary for a judge to be stern and determined, but it is never necessary to be ill tempered or discourteous. Even if we should adopt appellant's theory that the judge was in the wrong, still we cannot assent to the conclusion that he was not himself guilty of a contempt, for the ill temper or harshness of the judge will not excuse a positive disobedience of the orders of the court, or a contemptuous disregard of its authority.

The power to punish for direct...

To continue reading

Request your trial
24 cases
  • McDougall v. Sheridan
    • United States
    • United States State Supreme Court of Idaho
    • January 2, 1913
    ... 128 P. 954 23 Idaho 191 D. C. McDOUGALL, Attorney General of the State of Idaho, Plaintiff, v. R. S. SHERIDAN, C. O. BROXON and A. R. CRUZEN, Defendants Supreme Court of Idaho January 2, 1913 . . ...588, 67 N.W. 1071; Hale v. State, 55 Ohio St. 210, 45 N.E. 199,. 60 Am. St. 691, 36 L. R. A. 254 (see note); Holman v. State,. 105 Ind. 513, 5 N.E. 556.). . . "The. power to punish for contempt is an incident to all courts of. justice, independent ......
  • In Re Schofield.
    • United States
    • United States State Supreme Court of Pennsylvania
    • June 24, 1949
    ...of the court as final, and, if he desired to challenge its legal correctness to do so by an appeal * * *.’ See also Holman v. State, 1886, 105 Ind. 513, 5 N.E. 556; Mahoney v. State, 1904, 33 Ind.App. 655, 72 N.E. 151, 104 Am.St.Rep. 276; Dodge v. State, 1895, 140 Ind. 284, 39 N.E. 745; Peo......
  • Chicago, Burlington & Quincy Railway Company v. Gildersleeve
    • United States
    • United States State Supreme Court of Missouri
    • April 13, 1909
    ...86 U.S. 505, 19 Wall. (U.S.) 505, 22 L.Ed. 205; Worland v. State, 82 Ind. 49; Cheadle v. State, 110 Ind. 301, 11 N.E. 426; Holman v. State, 105 Ind. 513, 5 N.E. 556; Matter of Shortridge, 99 Cal. 526, 34 P. People v. Stapleton, 18 Colo. 568, 33 P. 167; In Re Chadwick, 109 Mich. 588, 67 N.W.......
  • State ex rel. Harvey v. Newton
    • United States
    • United States State Supreme Court of North Dakota
    • April 30, 1907
    ...... having appeared and plead guilty cannot object to the. jurisdiction of his person. Caspar v. State, 27 Ohio. St. 572; State v. Knowles, 34 Kan. 393. . .          Contempt. proceedings are characterized by the absence of formal. pleadings. Bank v. Buck, 60 Ill. 105; Holman v. State, 105 Ind. 513. . .          FISK,. J. MORGAN, C. J., concurs. SPALDING, J. (dissenting). . .          . OPINION . . .           [16. N.D. 152] FISK, J. . .           This. appeal brings up for review a final order of the ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT