Ex parte Barry

This is an application for a writ of habeas corpus. The following affidavit was filed in the superior court of the city and county of San Francisco, charging the petitioner with contempt of court:—

Upon the affidavit being filed the matter was referred for hearing to Honorables William T. Wallace, J. McM. Shafter, and J. P. Hoge, judges of said court, who heard the same, found the petitioner guilty, and adjudged that he be imprisoned in the county jail for the term of five days and pay a fine of five hundred dollars.

The petitioner contends that there were certain defects in the manner of charging and bringing him before the court. But we think there were no such defects in the proceedings as would entitle the petitioner to his discharge.

Again, it is contended that the publication of the article above set out was not a contempt of court, because the case of People v. Bingham, therein referred to, had been finally disposed of, and therefore the language used could not in any way affect or interfere with the proceedings of the court in said action. But the affidavit shows that the action was still pending and undisposed of. A demurrer to the complaint had been sustained, with…