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t . ST A 7 EMENT OF PA YTON & HAY AS TO CONTEMPT PROCEEDINGS BROUGHT BY JUDGE SPENCE To the Editor of Tho Of*>t Klnn: Referring to hho contempt proceed - In* ngslrm myself nnd partner, will ■ay that the history of th£ matter In ■II the paper* wan Incorrect. We pub. Ilshetl h complete history of the cmp In the Albany dally t*njw*r. a copy of which we send you for reproduction, u« U will correct the account previously published in your pn|*-r We are your friends and know that you will be Kind to five our side of the matter. Thank ing you In advance for your attention to the matter, we are. Youm truly. CLAUDE PAYTON, A\JL HAY 3. lih"», H* Itie Nipper, through her counsel. prtM'iitcd to Judge Bpenco at Morgan. «;■ a petition for temporary By virtue of ten revolutions of the earth upon Its axis, I am today out of |atl. I mention thta, not as n matter of news, for everybody txi*cte<J it *.» happen, but wa a matter of fact, be cause It haa happened. It aeetns to he pretty generally underatood already that my recent confinement grew out -it the caae of Battle Ntp|»er vs. Henry 7. Nipper, which la a ault by the w ife iffttnst the husband for temporary ali mony. writ of ne exeat, and am h other trouble as ahe and her father can gl\ the pom- boy who unfortunately mi., rled her. The ault la |-*ndlrg in lh« *u|>crlor coui t "f Turner county. While In Jail I read The Herald, read In It why I uus In Jnll. and read In It some ren>on«* which were not reasons In fact nnd which I now and hero de sire h» correct «>f course I understood | how The Herald got the news and how other paper;# got It. and therefore at-] tnch blame to nobody, but having enough ..f attachment^ proceedings. I desln* only t.» correct s one errors re garding my most recent attachment Instead of offering some far-fetched opinions I shall state the controlling facts and leave you and y«»m readers to draw- your own conclusion from your own unbiased Judgment The Herald (like various otlu-r pa- . |H*rs» him stated that Judgment fot all- J monv hail been obtained, that Nip- pet had refused to pav It. and had thereupon been attached for contempt and placed In Jail from which he was taken by a habeas corpus ftrnceeding, land that for the heaben* cm pus pro- c«edlng his counsel were attached for contempt and placed In Jail As a mat ter of fact n«* Judgment for alimony has yet been hnd. nor has there yet been any (rial of her claim to that preven tive of matrimonial troubles The hear ing for thin matter l» st for several weeks ahead yet. The fuels are these: on December ne sole ground offered Ini tl»* tie ■ xeut was that he had tnlK- ed about leaving this state, her |»etl- tlon Itself showing that he wns with out prop* t ty. Judge Hpence ftien and lhen* without any bearing from or notice to || j Nipper, ordered, among other things, that the sheriff of Tur ner county "arrest and detain the de fendant. Henry J Nipper, In custody. snJd defendant only to be relieved upon his etneting lnt<* a god nnd sufficient l»*»ml with good and sufficient secur ity in the sum of five hundred dollars tSwdtti, slick bond P* be made |uiyubl< to the plaintiff. Kettle Nipper, and Jud rment to be entered thereon as in cases of api«*n) *’ 1 quote from the order Itself. Such a bond, of courvc. would have made those who signed It liable for whatever judgment for ali mony the court might thereaflei ren der against Nipper, and this without regard to whether he remained lit the state and appeared In person at court or not nnd without regard to wheth er Nipper wits worth or, was able to pay -*ne red cent or n«»t Though a minor and whh« ut property, he was required bv that ord* r to give a money bond In the sum of luOrt or go to ull. Why? Because bis wife hail said that he had said that he contemplated seek ing n more congenial climate. At the same time. :he hearing «f lh»- case was s«-t for December 11. lOofi. at Sylvester Oa.: but at some time dutlng the day of Decemtxu 1.1. Judge Sjs*tw-v. without the knowledge or consent of Nlp|**r or Ins counsel. pt«sed an order continuing the hear ing for December 14 to some time m January, HM7. Having hennl a rum- r of this continuance, Mr. Payton, of counsel for Nipper, saw and talked v nh Judge Hpence on the night of De cember 1J. at Sylvester. and urged him t * grant a sjieedy hearing, which he fall d to d .. Mr. Payton, then called his attention to the terms »»f the bond Inmost d by his order and read from thd books the law showing thm nti ap!*carancc bond la all that can legal- |\ he required «>f the defendant to In- »suri‘ Ills uppearnnee. and asked that no 'tuner bond bo required: wheteui*on 8p*nce remarked that h# i not r.imlllnr with the Jaw of ne exeat pr«*eee«’lngs ns thli was about his first case of it nnd that the young lawyer who mid presented the petition to him 1 hud did ut the lime that he did i».*t kn»*w much about It. but yet ho fail ed to change the terms of the bond required. Mr. Payton then reminded him that Nipper was a young white man about 2»» yearn o! age. and. though without property, belonged to a high ly rwpcciHd family of Turner county, but. being without property, be could not give the tu«>m»y bond required an«L would have to lie In Jail unlesa he was allowed to give, an appearance bond. \VI»f ivup« n Judge Spence remarked. In substance. i*s follows. •'Well, It won't hurt him to stay In Jail till Jnnuan On the next day. December 14. Sheriff Paeon, of Turner county, having Nip per in custody and not knowing of the cent I nuam** of the hearing, brought Nl*»per to Sylvester. according to the terms of Judge Spence's order. L*pon learning the facts, he placed Nipper In the county Jull at Sylvester, ns wax his duly under the order of the court. Just how long Nipper was to re in i In there none of us knew with any degree of certainty, hut Nipper knew, nnd we all knew, that the Christmas holidays were coming on apace and would come nnd go before January began. Nipper was sore distressed. He Is •till a young man, and for him Christ mas hnn Its charms. Consequently. Mr. Payton got busy and studied law very diligently on December 14. 190»>. Hut he hit upon no satisfactory legal way of relieving Nipper's distress, except a writ of hnbens corpus. And, since the llheity-lovlng batons Ursi wrenched thin right from the tyrant King John and wrote U uuge In their own Magna charts. It has brought no surer happi ness to any prison door than It brought n December 14 nnd 13. !$(»«. I think I shall some time tell him of the origin •»f this writ, for It will make him re vere the barons of old. Hut the constitution of the I’nlted States guarantees to every citlxcn of this republic the right to this writ, for our more Immediate forefathers loved their liberty a little. It provides: "The privilege of the writ of habeas corpus shall not be suspended, unless w hen. In cases of rebellion or Invasion, the public safety may require It.'* And our state constitution provides* "The writ of habeas corpus shall not he suspended." And our statutes de clare the some thing r.nd provide the mode of procedure, and made It an of fense. punishable by n 92.5'h) fine. for » Judge having the authority to issue the writ to refuse to do so Illegally. Mr. Payton knew this law. and turn- in* to section 1210 of the penal code he read that "Any |>erson restrained r.f his liberty, under any pretext whatever, • • • may sue out a writ of habeas corpus, to Inquire Into the legality of such restraint." Then section 1212 of the code provides three Judges to any one of whom tho petition for the writ may be presented, and the code Itself puts them In this order: <1» a city court Judge; (2) n superior court Judge, or (3) an ordinary. And the act cre ating the city court of Sylvester pro vides: "The Judge of snhl city court shall have power to Issue writs of hnbi'us corpus, to hear and dispose of the same, and In the lame way nnd with the same power »s the jiubce of the superior court." This Iniv was fol- lowed, nnd a copy of the pretext, under which Nipper wns restrained of his lib erty. was exhibited; the sheriff was properly served nnd even Bettle Nip- Tier's counsel was notified of the pro ceeding; the case was duly heurd nnd resulted In favor of Nipper. All that he had asked was to be set at liberty upon giving an appearance bond in stead of a money bond, and tills the habeas corpus court dVdered to be done, because no other kind could le gally he required of him under the law nnd the facts. This was Decern* ber 15. * • in January 8. 1907. Judge Spence, pt Ashburo. of his own motion, nt least without «n>* request from-Nlpper or his counsel to do oo at that time, modified his original order by providing for nn appearance bond Instead of a mnnev bond, though for some reason unknown to me ho made the sum $1.000, Instead of fsnq. ns heretofore. Hut the $1,000 np*,H»aranee lxmd was promptly given. f *r Ntppc r has friends and they have frith In his Intcgilty. Then, o i January 17. 19u7, th- plain- tiff. Hettie Nipper. Hied her petition for attachment against poor Henry nnd nil his lawyers. Hhe said they had used bad Inngonge In their hnh-as corpus petition, and also had present"! • • tltlon -to a city court Judge, w*' they could have presented I: ,l , petlor court. Judge, and that • done this to Avoid Judge-b|**n**• . done this to avoid Judge S»» der. These were ihe two for tho first, let Judge Hp. n • ■ speak. I quote his exa« t 1 " IU used In his oral Judgment at "’•* "Now. as to the language u- > m gard to this court, I presume • • u matter of taste than imytiinn. hut certainly If counsel »'•»;' '. respect for this court they '■‘" I , had. It was unnecessary f** the language In the |»*-tlt«*t* they characterise as obvhni*.' • . • and palpably Illegal. I d*»u and palpably Illegal. . there wns any'contempt °] meant by the use of that l*'»“** •' any language In that petit' " " fore, I don't base my Jdof ,ni * .. > language used In that „ ■~r was discharged on Hut two of his lawyers -m payton and myself, were n* guilty of contempt, on «"•' the habeas corpus pctitD" sued out "before nn Inn •• ' ( as he termed It. to avoid the superior court. Each lawyer convicted «/- days or seventy-five and • refused to pay one rent until I. Ik.. I L. MCI I II! '' have the question t»assr«l up supreme court. Thev wished to take th** * supreme court for review -«■ lion, and asked Judge Hp* » '« persetleas. This he den«e»i reason. I don’t know, hj* * The result was to make h'~ final, precisely ns if n * hlg» • Uted, for ordinarily It tak« (Continufd on P»«* N,- ' c 1 9 0 ebek 480 SKIRTS LIKE THESE AT 1.00 EACH Consider the cotton market for a moment arid you'll strike the keynote of this skirt economy without even considering the making. . The stripes-are in French Percales—fast colors, of course—narrow , wide and medium stripes. The plaids in mercerized‘weaves;" And Madras in stripes—oxfords, medium and dark blue, pinks and tan. Also in solid black. These skirts have all the features desirable—good material, good patterns, good col ors, neatly made and finished full and liberal with nothing skimped. 480 Skirts by actual count in five different patterns, three of which we duplicate here. And the drawings are faithful reproductions—also patterns, fullness, depth of flounce and ruffles. Skirts made to sell at 1.50 and a quality that we bought to sell at 1.50 and they would be modestly priced at 1.50. But tomorrow-Thursday-we've decided to have a sale at one dollar and you know what Chamberlin-John- son-DuBose Sales are for producing values. Second Floor Front-—Muslin Underwear Department Chamberlin-JohnsQn-DuBose Company