People v. Kerrigan

Paterson, J. — The defendant was convicted of an assault with intent to commit murder. The defenses interposed at the trial were, not guilty and insanity. [223]During the progress of the trial in the court below the defendant became greatly excited, and indulged in profane and abusive language, addressed to the judge and other officers of the court. Her conduct created so much commotion among the spectators that the trial was seriously interrupted, and the court found it necessary to make an order excluding spectators from the courtroom.

Appellant claims that she was deprived of the constitutional right of a public trial by the making and enforcement of this order.

There is some controversy as to the scope of the order, — which was not entered in the minutes at the time,— but the judge certifies that the order was “ that the lobby outside of the court-room should be cleared of spectators, as their presence tended to irritate and excite the defendant, and that no persons, except officers of the court, reporters of the public press, friends of the defendant, and persons necessary for her to have on said trial, should be allowed to remain.”

It appears further, from the statement of the judge, that no order was made requiring the doors to be closed, and that, in fact, the friends of defendant and reporters were permitted to come and go at will; that the order was made by the court on behalf of the defendant, as well as to preserve order, because the attendance and conduct of a large crowd of spectators in the court-room evidently tended to excite the defendant; and it is apparent from the affidavits, showing the conduct of the defendant and many of the spectators, that such was the fact.

In our opinion, the order and action of the court, as shown by the bill of exceptions, were not in violation of the defendant’s right to a, public trial. It was proper, we think, under the circumstances, to exclude from the court-room those who were excluded, not only because of the vulgar and profane language of the defendant [224]herself, but because such action was evidently necessary to protect the court from indignity and indecorum. No actual injury to the defendant is shown. It is not shown that any person who could have been of any service to the defendant on her trial was excluded.