The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1848-03-16
Judge McHenry and MIR. Soule.


We learn that Judge McHenry took exception
Yesterday to the language and conduct of Mr..
SouIe, while as counsel in case then pending,
and thereupon put to him certain questions, the
replies to which seemed somewhat to embarrass
the Judge Mr. Soule has been ordered to appear
at the bar this morning The Attorney General
has also been formally called upon to attend at the
same time to advise the Court. The matters under
advisement respect the powers Of the Judge and
the rights of COUNSEL and are therefore of the deep
est moment to society.
We have been unable to learn the true origin of
this difficulty. We have been informed, however
that the Judge, among other matters, had taken
special exception at the manner in which Mr. Soule
looked at him. Some time after, Mr.. Soule rose
and addressed the jury as follows: Gentlemen
g this case would probably have been passed upon
''by you, ere this, had not some delay been occa-
''sioned by what has transpired. You will do me
& the iustice-'' Here the Court interrupted
Mr. Soule and intimated to him that he would not
be allowed refer any thing that had occurred
and then asked, .:wliat the counsel about to
say!'' Mr.. S. replied that he was about to put his
to the jury. Thereupon the Judge repeated
his ntimation. Mr. S. then said to the jury
g Gentlemen, deem it my duty to declare, that 1t
g is impossible for any gentleman, whose profess
" sonal services are engaged for prisoner, to 90
Justice to his client under the circumstances Oh
" this case, and in the present condition OF things
9 | therefore withdraw from the cause and submit
% it to you" The Attorney General then addressed
the jury, and cited some law against the prisoner.
The Judge asked whether the counsel Of the
cused had any thing to say. Mr. Soue rejoined
THE accused has not the benefit of counsel in
81 this case The Attorney General called on the
Court to charge the jury in conformity with the
law cited by him. The Judge did So The jury
retired and promptly returned with a verdict of
''not guilty" The Judge, after having admins
tered an oath to Mr.. Soule, directed the clerk of
the Court to take down in writing the questions
that should be propounded to Mr.. s. and the an
swers he should make thereto.
The first question was Did you intend in any
manner, by the language you addressed to the Jury,
to express contempt for the Court -
Mr. S. replied My language is clear and un-
equivocal; it expressed the opinion entertained
e at the time, and have no reason to alter it,
The second question was Did you intend to
make those expressions refer to the Cort!''
Mr.. S. answered. used those expressions with
90 a view of making it known to the public, how
. gentlemen of the Bar treated in this Court
The Judge remained silent for about five minutes,
apparently absorbed in deep reflection. lie then
said, g Mr.. Attorney General, the Court desires
your opinion and advice on the questions and an
swers just taken in writing
The Attorney General said the matter was before
the Court; he did not deem it necessary to say
anything.
The Judge said-'' The Court has right to call
for the opinion of the Attorney General and it now
asks his advice
The Attorney General remarked If must
give my opinion, should like to have time to con-
slider the questions and answers
" How long a time do you desire p asked the
Judge.
" suppose" answered the Attorney General,
" until tomorrow morning.
Very well, said the Judge, 90 the Court will
expect the advice of the Attorney General to-mor-
row morning at 10 O'clock And thus the matter
stands This statement we learn from one who
was present in Court, and is substantially correct
The above incidents occurred during the trial
of Manly, for larceny who was defended by Mr.
Soult.l