Monday, Aug. 06, 1934

Contempt in Kentucky

In Danville, Ky. 100 years ago was born John Marshall Harlan who rose to the U. S. Supreme Court bench, served there 33 years (1877-1911), won fame as a "great dissenter", a stern defender of civil liberty. Last fortnight in Danville (pop. 6,800) another Judge Harlan gazed sternly at two young men before him. He was Police Judge Jay W. Harlan, a third cousin. One of the young men was Jack Durham, 23, city editor of the Danville Advocate and local correspondent for Associated Press. The other was Wesley Carty, 23, correspondent for the Louisville Courier-Journal. The judge, trying to learn who was responsible for hanging of a State Representative in effigy, was sure the newshawks could tell him. because they admitted knowing in advance that the hanging would occur. Who, then, had told them so?

Said Newsman Durham: "I was told in confidence. I cannot tell."

Newsman Carty: "That goes for me too."

Judge Harlan gave them the week-end to think it over. On Monday they reappeared, again refused as a matter of professional ethics to reveal their pipelines. Judge Harlan fined each $10 for contempt of court.

On Tuesday the judge sentenced them to three hours in jail.

On Wednesday the judge asked: "Are you ready to talk?" Newsmen Durham and Carty were not; they went to jail for another six hours.

On Thursday Judge Harlan said: "If this is an endurance contest, boys, I can stand it." That day the "boys" spent six hours more in jail.

On Friday the judge said: "My duty as a sworn official is to uphold the authority of this court." Again, six hours in jail for the newshawks.

On Saturday the courtroom was jammed. The judge asked: "Do you still refuse to answer?" Newsmen Durham & Carty got back to jail just in time for supper (a slab of sausage, three slices of bread, a biscuit soaked in molasses).

Declared the newsmen, beaming for photographers: "We'll stick it out all summer if necessary."

Announced Reporter Carty's wife: "If he tells, I'll divorce him."

Shrilled Editor & Publisher: "The judge called it an endurance contest. We call it a survival of the ancient rack, the judge twisting the screws."

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