TABLE OF CONTENTS
Collection Summary
Historical Background
Contents of the Collection
Restrictions
Index Terms
Administrative Information
Description of Series
Ex Parte McCormick Records and Briefs, 1902, 1935
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Guide to the Ex Parte Harry McCormick Records and Briefs, 1935
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Creator: |
McCormick, Harry, d. 1968 |
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Title: |
Ex Parte Harry McCormick Records and
Briefs |
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Dates: | 1935 |
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Abstract: |
The collection contains records and briefs
relating to the 1935 appeal of a contempt of court conviction of several Houston newspaper
reporters and editors after they defied an order to not publish testimony. |
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Identification: |
00015
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Size: |
18 items (2.5 in.). |
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Language: |
English |
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Repository: |
Special Collections, Tarlton Law Library, The University of
Texas at Austin,
727 E. Dean Keeton St., Austin, TX 78705-3224, (512) 471-7263 |
Harry McCormick, reporter for the Houston Press in July 1935, and his managing editor E. M.
Pooley, were cited for contempt of court by District Judge M. S. Munson after they defied an
order to not publish testimony given in open court during the Brazoria County murder trial
of Clyde Thompson. Other journalists cited for contempt were reporter Ed Rider of the
Houston Chronicle with his managing editor George Cottingham, and reporter Frank White of
the Houston Post with his managing editor Max Jacobs.
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Appellate briefs, statements of facts, court orders, and other documents relating to the
appeal of a contempt of court conviction of several Houston newspaper reporters and editors.
On July 23, 1935, Judge M. S. Munson of the District Court of Brazoria County ordered three
Houston newspapers (the Post, the Chronicle, and the Press) to not publish testimony in the
trial of Clyde Thompson for the murder of Everett Melvin, to avoid prejudicing the jury pool
for two co-defendants who would be tried later. The newspapers published the testimony and
Judge Munson fined them for contempt of court. On appeal, the Texas Court of Criminal
Appeals overturned the contempt of court citations as unconstitutional violations of freedom
of speech and the press. The decision is reported in 129 Tex. Crim. 457, 88 S.W.2d 104
(1935, rehearing denied). McCormick and Pooley, the lead plaintiffs, were represented by
John Crooker and Leon Jaworski of the Houston law firm of Fulbright, Crooker &
Freeman.
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Access Restrictions
None.
Use Restrictions
The collection and any reproductions of the collection are made available for the purposes
of private study, scholarship, and research only.
Tarlton Law Library does not hold the copyright to the materials, unless it has been
transferred to the library by the creator. It is the researcher's responsibility to
determine the copyright status and to obtain permission from the copyright holder before
publishing any materials from the collection.
Some collections may contain sensitive or confidential information protected under federal
and state privacy laws. The researchers are encouraged to report any such information to
staff.
The University of Texas at Austin is not responsible for violations of intellectual
property rights and any other laws or for liability to any person for defamation or invasion
of privacy that result from unauthorized use of the collection by the researcher.
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Major Subjects |
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McCormick, Harry, d. 1968 -- Archives. |
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Freedom of the press -- Texas. |
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Freedom of speech -- Texas. |
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Trials (Murder) -- Texas -- Brazoria County. |
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District courts -- Texas -- Brazoria County. |
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Houston Press (Newspaper). |
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Houston (Tex.) -- Newspapers. |
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Jaworski, Leon. |
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Ex Parte McCormick Records and Briefs, Tarlton Law Library, The University of Texas at
Austin.
Gift of J. Chrys Dougherty, June 8, 2001.
Processing information not available.
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Ex Parte McCormick Records and Briefs, 1902, 1935 |
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folder |
| L85 |
1 |
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Application for writ of habeas corpus to the Court of Criminal Appeals, 1935 Aug. 3 |
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NOTE: Includes: two unsigned drafts of grant of writ of habeas corpus; Exhibit A copy
of order signed by Judge Munson in the trial court ordering McCormick and Pooley to
show cause why they should not be judged in contempt; Exhibit D copy of signed arrest
order for McCormick and Pooley. |
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2 |
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Statement of Facts10/5/35, 1935 Oct. 5 |
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NOTE: Includes clippings of newspaper articles which provoked the contempt
citations. |
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3 |
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Documents from the contempt of court proceedings, 1935 Oct. 10 |
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NOTE: Documents filed with the Court of Criminal Appeals by attorneys for the
appellants (McCormick and Pooley) |
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4 |
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Brief and Argument for Respondent [district attorney - supporting holding of
trial court], 1935 Oct. 10 |
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5 |
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Amicus curiae brief by A. Harris et al, in support of trial court judgment, 1935 Oct. 5 |
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6 |
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Amicus curiae brief by Dan Moody in support of trial court judgment, 1935 Oct. 10 |
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7 |
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Amicus curiae brief by M. S. Munson in support of trial court judgment, 1935 Oct. 10 |
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8 |
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Amicus curiae brief by Frank H. Crain et al in support of trial court
judgment, undated |
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9 |
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Amicus curiae brief by A. R. Stout in support of trial court judgment, undated |
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10 |
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Amicus curiae brief by A. R. Rucks et al in support of trial court judgment, 1935 Oct. 10 |
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11 |
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Stipulation among parties regarding transcripts and newspaper accounts, 1935 Oct. 16 |
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12 |
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Affidavit attesting to validity of attached copy of Houston Post dated 1902
Nov. 29, 1935 Nov. 11 |
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13 |
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Affidavit attesting to validity of attached copy of Houston Chronicle dated
1902 Dec. 20, 1935 Nov. 11 |
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14 |
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Order in State of Texas vs. Foster (no. 10,1441), 1902 Dec. 20 |
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NOTE: Order holding that the State of Texas recover from defendant Foster (president
and general manager of Houston Chronicle) $100; includes related order dated 10/28/02
(case cited in Ex parte McCormick and Pooley). |
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15 |
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Opinion of the Commission of Appeals, Court of Criminal Appeals, 1935 Nov. 6 |
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NOTE: Original habeas corpus proceeding, written by Judge George E. Christian and
approved by the Court of Criminal Appeals, ordering McCormick et al discharged. |
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16 |
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Motion for rehearing to Court of Criminal Appeals, 1935 Nov. 2 |
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17 |
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Opinion overruling the motion for rehearing delivered 12-4-35, 1935 Dec. 4 |
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NOTE: Opinion written by Presiding Judge W. C. Morrow. |
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18 |
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Original file folder, labeled "Ex parte Harry McCormick and E. M. Pooley,
Brazoria County (No. 17-9-5-8)," undated |
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