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 giving 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. Williamson, it is a matter of sincere regret to me.’
Mr. Meredith said he could not find any case of petition that interrogatories should be filed, in any of the English books.
Judge Kane.—The gentleman, Mr. Williamson, is now recusant, and I often think that forms sometimes have meaning and I cannot interfere otherwise than to say as I have said above.
Mr. Meredith.—I can enlarge the remark and say that forms always have meaning. He argued that the purging interrogatories must be filed. If not filed, the party was entitled to his discharge. He argued from the ‘Chancery Practice’ of Smith, that the defendant ought only to be imprisoned until he shall have properly answered the interrogatories put to him.
Mr. Van Dyke, the district attorney, then said that the question now was whether a person, in contempt, had any standing in court whatever. So far as Mr. Williamson is concerned, he has no standing. The argument of the gentlemen on the other side must be taken as arguing against the adjudication of this court. How far can a man in contempt come into court and purge that contempt? How did the counsel get over the fact, that his client was in contempt? He must first submit himself to the court by asking to be permitted to purge himself of contempt.
Mr. Meredith closed the argument, and the proceeding was closed by an entry on the part of Judge Kane of the following order on the record.
The United States v. Williamson. And now, October the 29th, 1855, the court having heard argument upon the motion for leave to read and file among the records, in this case, a certain paper writing purporting to be the petition of Passmore Williamson, and having considered thereof, do refuse the leave moved for, inasmuch as it appears that the said Passmore Williamson is now remaining in contempt of this court, and that by the said paper writing he doth in no wise make purgation of his said contempt, nor doth he thereby pray that he may be permitted to make such purgation; wherefore the said Passmore Williamson hath not at this time a standing in this court.