Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1841-06-03
COURTHOUSE SCENE.

Gen. Gaines, before Judge Buchanan. 1t i
part of the report Of the case made by tn,
Picayune, and is worth the reading:.
Hero an informal discussion was entere,
into, in consequence of Mr.. Peyton pressin,
his right to read the evidence which he bel;
IN his hand and when this was denied him
OF giving the substance Of that evidence oral
~, instead of--as he was called on to do l.,
the Judgc-stating what it was that evidero,
would go to establish, if it were ruled by IN.
Court that II should go to the jury. 5 1t end
ca oy the Court calling peremptorily on tn,
counsel to deslst and follow no further Tn,
| course he had been pursuing, otherwise ht
would hold him amenable for a CONTEMPT n,
Court andsa violation of all the rules of prac.
tice.
Mr.. Peyton said he might have been gull.
ty ofan error, but before no other tribnn,l
would that be construed into a contempt of
Conrt.-lf, however, the right Of offering ev-
idence were denied him-if characterization
were to be placed on his mouth, he would at
once withdraw from the defence of the case
and hereupon the learned gentleman took IN
his hat, bid goodbye to his fair client and
the jury, and left the Court.
Here General Gaines and Mrs. Gaines
suddenly started from their seats.
Gen. G.-"May it please the Court, the
lady will take charge Of the case herself; she
is prepared to do ito
Mrs. G.-(taking the book in her hand
which Mr.. Peyton had been prevented from
reading)-"Ies, l will proceed with the
case"
The Judge.-"Do you intend to offer the
testimony in that book as evidence?'
Mrs. G.-"Yes; part of it,"
The Judge.-"WeIl, then, cannot per.
init you TO proceed
Mrs. G.-"Then thank my God! can
GO before the judges of the U. S. Supreme
Court, where | will be heard, and where JUS
tice VIII be done me; which cannot expect
here, where see such partialty."
Inc Judge.--"Gen. Gaines, this is lam
guage which shall not suffer. Decorum
must be preserved in this court; there are no
privileged classes here"
Gen. Cit is not my intention to be in
decorus to the court. know my rights and
Will maintain them in despite of nv enemies.
and despite of New Orleans and its sixteen
banks"
The Judge.-"Order must be preserved in
this court"
Con G--sHaS not your honor acted as
counsel for the opposite parties in this case
before you were raised to seat on that
bench !''
Mrs. G.-'Ies, he was; and he is now
sitting In Judgment against u.s.
The Judge.-"Mrs. Gaines, / again re-
peat that will not sit here and suffer such
language as this to be made use of, even by
a oman"
During this singular discussion, one of
the officers of the Court was sent for Messrs.
Grimes and Chinn, the associates of Mr..
Peyton for the defence, to take charge of the
case, but neither of them was forthcoming,
and Mr.. Smith again addressed the court, ur-
glng the right of the defendants to a liberal
construction OF the law of evidence.
General Gaines again rose and alluded to
the controversy which closed previous to Mr..
Smiths addressing the court.
The Judge.-"i have said nothing, Gene
raj Gaines, against the lady. l am sure ]
acted with great forbearance. did not pre-
vent the argument of any question of law,
but lnterposed to prevent a scene of wrano-
ling, which if permitted to 90 on, was ca,cI-
lated to bring the court into contempt, and
to weaken that authority which it is bound to
exercise Tor the preservation Of order"
Gen. Gaines.-"l have something to say
for which hold myself responsible to this
court and TO the world. The counsel for the
plaintiffs (Mr. Roselius, } saidiyesterday that
my remarks relative to one OF the parties to
this suit were impairment. This never suf-
fered any person to tell me before, but coming
from that gentleman, l let the language pass
from my ear as the idle wind. Since my wife
has been alluded to, insist upon her right to
be heard"
The Judge.-"I do.not deny her right 10
address the court, but is the evidence closed !''
Mr.. Barton, for the plaintiffs, argued that
from the nature of the pleadings put in by the
e.. H. H.
| ed.
The Judge then gave his decision on the
| points oflaw at issue between the parties.--
| He first ruled that the evidence offered was
inadmissble, except in as far as the repre-.
sentatives of Ellen O'Brien were concerned
in whose suit it was originally taken; that
the authority of the plaintiffs to sue as the
heirs Of Daniel Clarke should have been deniec
by special plea, and that subsequent will t
that under which the plaintiffs sue must be
specially pleaded and proof of its being pro
bated given before it can be entertained b,
the court or offered as evidence.
Mr.. Barton, for the plaintiffs, addresse
some remarks to the court, to show that fror
; the position in which the case stood, the dc
PENDANTS could offer no evidence, nor ba
they any which could be received by Ii,
court.
, Gen. Gaines then said, as the evidenc
, was closed on him, and as he was deserte
by his counsel, he would take the case in h
own hands. If he appeared in the unifor
: of United States officer, it was more as
E mark Of respect to the court than as bade
d Of privilege.
q Here the Judge explained what he meal
e by privileged cbaraciers."l
: The fact of his wife being in court, he sal
: was no subject for a sheer. She was dee
u ly interested in the issue Of this case, and
) thought that she, or any well educated lad
,, or indeed any woman Of an intelligent min