Page:The Green Bag (1889–1914), Volume 22.pdf/671

 Personal Reminiscences of the Walhalla Bar III.

A CONTEMPT PROCEEDING

BY R. T. James, ATTORNEY-AT-LAW, WALHALLA, S. C.

NFERIOR judicial officers are known in South Carolina as magistrates.

The jurisdiction of this court extends in civil matters to $100 and in criminal matters to ﬁnes not exceeding $100, or imprisonment not more than thirty days. A few years ago a rather indifferent

specimen of the genus homo was plying his trade as a hawker and peddler. His stock in trade consisted of a lot of furniture polish, which he sold at twenty ﬁve and ﬁfty cents a bottle. During his stay of about ten days he was stop ping at a boarding house conducted by a widow, who ﬁnally became impatient because of his boisterous conduct. Com plaint was lodged with the magistrate and a. warrant issued against the peddler for plying his trade without a license. The magistrate was J. R. Earle, who

had recently removed from Georgia, and after about six months he had been appointed a magistrate by Benjamin Ryan Tillman, then Governor. Armed with a warrant the sheriff went to arrest

the accused and found him in the master's ofﬁce in the court house in company with N. B. Cary, attorney. The peddler looked rather the worse for the ware.

He might easily have

been taken for Darwin's “Missing Link" —half man, baboon or monkey.

After

the reading of the warrant Mr. Cary said to the prisoner :— “Suffer me to go along as your pro fessional adviser; and, before we go out of this room, let me give you a word

of professional advice: Claim that you belong to the human family, and keep your mouth shut."

After brushing up the prisoner, he was carried to the magistrate’s oﬁice, the attorney accompanying in his pro

fessional capacity. The prisoner being seated, the attorney makes some pre liminary remarks about ﬁxing a date for the trial. Suddenly the prisoner gives a wild exclamation, startling the court and spectators. The attorney turns and strikes him a blow on the head, laying him limber at his feet,

and saying:— “I told you to keep your mouth shut, and let the claim be made in your behalf that you belong to the human family;

and I mean this to emphasize my advice." The Court of its own motion orders the case continued, saying :—

"I perceive that neither the accused nor his attorney are in ﬁt condition for business today. This case stands continued until tomorrow morning at ten o’clock. Mr. Sheriff, remand the prisoner to jail.” Next morning, shortly before the call of the case, defendant's attorney ap proaches one of his brethren, and says :—

"Bob, give me a quarter." 5; “Why, what do you want with it P”

"Well, I am going to raise a constitu tional ‘pint’ on the Court today. You know Dick Earle come from Georgia, and was here about six months when he was appointed a magistrate by Ben

Tillman. He was not a qualiﬁed elector, not having been here one year, and he shan't try my client."

“All right, here’s your quarter.” The hour of ten arrives, the prisoner is brought into court and the case is