The Court—Yes, sir, and always expect the court to rule correctly.
Mr. Darrow—No, sir we do not.
The Court—I suppose you anticipated it?
Mr. Darrow—Otherwise we would not be taking our exceptions here, your honor. We expect to protect our rights in some other court. Now, that is plain enough, isn't it? Then we will make statements of what we expect to prove. Can we live the rest of the day to draft them?
The Court—I would not say—
Mr. Darrow—If your honor takes half a day to write an opinion.
The Court—I have not taken—Yes, I did take five hours.
Mr. Darrow—We want to make a statement here of what we expect to prove. I do not understand why every request of the state and every suggestion of the prosecution would meet with an endless loss of time; and a bare suggestion of anything that is perfectly competent, on our part, should be immediately overruled.
The Court—I hope you do not mean to reflect upon the court?
Mr. Darrow—Well, your honor has the right to hope.
The Court—I have a right to do something else, perhaps.
Mr. Darrow—All right, all right.
The Citation.
The court has withheld any action until passion had time to subdue, and it could be arranged that the jury would be kept separate and apart from proceedings so as not to know of the matters concerning which the court is now about to speak. And these matters having been arranged, the court feels that it is now time for him to speak:
Both the state and federal governments maintain courts, that those who cannot agree may have their differences properly adjudicated. If the courts are not kept above reproach their usefulness will be destroyed. He who would unlawfully and wrongfully show contempt for a court of justice, sows the seeds of discord and breeds contempt for both the law and the courts, and thereby does an injustice both to the courts and good society.
Men may become prominent, but they should never feel themselves superior to the law or to justice.
The criticism of individual conduct of a man who happens to be judge may be of small consequence, but to criticise him while on the bench is unwarranted and shows disrespect for the official, and also shows disrespect for the state or the commonwealth in which the court is maintained.
It is my policy to show the same courtesy to the lawyers of sister states that I show the lawyers of my own state, but I think this courtesy should be reciprocated; those to whom it is extended should at least be respectful to the court over which I preside.
We who would hurl contempt into the records of my court insults and outrages the good people of one of the greatest states of the Union—a state which, on account of its loyalty, has justly won for itself the title of the Volunteer State.
It has been my policy on the bench to be cautious and to endeavor to avoid hastily and rashly rushing to conclusions. But in the face of what I consider an unjustifiled expression of contempt for this court and its decrees, made by Clarence Darrow, on July 17, 1925, I feel that further forbearance would cease to be a virtue, and in an effort to protect the good name of my state, and to protect the dignity of the court over which I preside, I am constrained and impelled to call upon the said Darrow, to know what he has to say why he should not be dealt with for contempt.
Therefore, I hereby order that instanter citation from this court be served upon the said Clarence Darrow, requiring him to appear in this court, at 9 o’clock a, m., Tuesday, July 21, 1925, and make answer to this citation.
I also direct that upon the serving of the said citation that he be required to make and execute a good and lawful bond for $5,000
