
    Jonathan Johnson vs. Leonard Wideman; Nathan Calhoun vs. Same.
    The termination of a cause, before an attachment for a contempt is moved for against a witness, does not destroy the power of the Court to punish him.
    BEFORE GANTT, J., AT ABBEVILLE, FALL TERM, 1837.
    In each of these cases a rule was issued at a preceding term of the Court, requiring Wiley H. Berry, a witness, to appear at the succeeding term and show cause why be should not be attached for a contempt of the Court, in neglecting obedience to its process. Berry failed to attend in obedience to the rule, which was served personally, and no excuse being offered for him, an attachment was moved for against the said Wiley H. Berry, and was refused by the presiding Judge, as the cases were then disposed of, and no application bad been previously made for an attachment under the rule.
    From this decision an appeal was taken, and a motion made to reverse it, on the ground,
    That as the absence of Berry was unexplained, the contempt was manifest, and the termination of the case’ could not relieve the witness from its consequences.
    
      Burt, for the motion.
   Curia, per O’Neall, J.

A witness failing to obey a subpoena, without sufficient cause or excuse, is guilty of a contempt. The Court possesses the power of punishing for it, by fine and imprisonment. The termination of the cause, before the attachment is moved for, does not destroy the power of the Court to punish the witness. His offence against the Court consists in disobeying its process. The interest of the party to compel his attendance by attachment is ended; but the offence against the Court still exists, and ought to be punished, so that witnesses may learn the duty of obedience. Nothing can be more salutary than an example or two. This case is a very proper one, for the witness not only disobeyed the subpoena, but also treats the rule with silent contempt.

The motion to reverse the decision of the Judge below is granted, and the writs of attachments are ordered to issue from the Circuit Court.  