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Fred Hampton — Part 3
Page 123
123 / 251
Nos. 77-1698, 77-1210 & 77-1370 119
criminal contempt and sentencing them to imprison-
ment.
The decisive issue in the Sucher case was whether
Rule 42(a) applied at the end of the case. Of significance
to the present case is the fact that the Court in Sacher
took it as conceded that there was no substantial issue
when, as in the present case, the judge acted promptly.
By way of summary, the Supreme Court stated at 13-14:
But that there may be no misunderstanding, we
make clear that this Court, if its aid be needed, will
unhesitatingly protect counsel in fearless, vigorous
and effective performance of every duty pertaining
to the office of the advocate on behalf of any person
whatsoever. But it will not equate contempt with
courage or insults with independence. It will also
protect the processes of orderly trial, which is the
supreme object of the lawyer’s calling.
It is clear in the present case that Judge Perry
properly followed the procedures set forth in Rule 42(a).
The conduct clearly was not committed outside “the
actual presence of the court” nor is it contended that the
judge did not see or héar such conduct. Also, the judge
promptly signed and entered an order reciting the facts.
It is to be noted before taking up the individual
contempt orders that both Haas and Taylor were counsel
for the Anderson plaintiffs.
Taking up the Haas incident first, this incident
developed very shortly after Haas had been repri-
manded for directing a derogatory statement towards
the judge. Thereafter, the jury was excused because of
argument regarding the propriety of a question, When
the jury returned the judge struck the last question and
told the jury to disregard it. Haas resumed his
examination of Hanrahan and upon objection the judge
told Haas that they had just gotten through that out of
the presence of the jury and “you will not go into that
subject matter any further.” Haas responded that he did
not even get to argue it and the court repeated, “I said
you will not go into it any further.”
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