The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-05-14
Law Intelligence.


CIRcuIr Court, May l2-Before Judge Hurlburt.
Carpenter US. Sheidon-The evidence in this cause
menced summing up this morning, and occupied
the Court until three o'clock, when recess was
taken until five. After the recess, Mr.. Joseph L.
White commenced his address to the Jury on the
part Of the plaintiff, in the of which he made
some very stringent remarks on Mr.. George Bow
man, of the counsel for the defendants in regard
to amperng with the witnesses in the
stituted by the defendant against Carpenter, for
which the present action has been brought Mr. Bow
man stood up and told Mr. White that his assertions
were false. and appealed to the Court. Mr. White then
desistcd but after come time renewed his comments
Bowman again interrupted him and said he lied Mr.
White turned round and asked Bowman did he give
him the lie. Bowman replied that he did and that
offe nsve expressions. scufe then ensued. Officers
Norris and Bloom, who happened to be in Court inter-
White from proceeding with his address and ordered
Mr. Blunt to finish the summing up on the part of tho
plaintiff; and also made an order that Mr.. White and
MIR. Bowman should appear in Court tomorrow. (this
morning) at 10 o'clock, to be examined touching u
contempt of Court. Mr.. Blunt then proceeded with
his address. The will be given to the jury to-
morrow.
CIRCUIT COURT, May 13.-Before Justice Hurlbut-
Charles Carpenter as. Nm Sheldon, and als.-Ths
fracas which occurred, Friday evening, between Mr.
Joseph l.. White and Mr.. George Bowman, two men,
beers of the bar engaged opposite Sides having been
announced in the morning papers aud that the parties
were ordered to attend at 10 o'clock to answer for
contempt, the courtroom, from an early hour, was
crowded with members Of the bar ard the citizens &C.
neray, to witness the proceedings, and to ascertain
what steps the court would take for the vndcaon Of
its dignity from the outrage committed by the two gen.
temen i'm it's presence At 10 o'clock, Judge Iurlbut
entered the and took his seat the ench
Messrs White and Bowman having entered some time
before and taken their seats within the bar delay
of hour took place, after the opening Of the
court, in consequence of the absence Of of the
jurors. At length the judge called upon counsel to
consent to take the verdict from the jurors present
Counsel for the defendant declined and further pause
followed The absent juror at last arrived and sealed
who it s
dict in favor of the plaintiff against the Defendants
Sheldon, Picrson, Freeland, Cram Lynch, and Theo-
dore q. Cowles for $4,000 and acquitted the other
defendants. After the verdict recorded the
court commanded silence and proceeded to remark
that at the close Of the yesterday. at about
o'clock in the evening. unfortunate occurrence
ranspred at the bar and in the presence Of the court,
which should have been dealt with on the spot but
for the circumstances that this tedious trial pend
ing and nearly ready to be submitted to the jury Tho
court with view to relieve the jury who had sat here
for tweny one days and that the might be dis
posed Of before Sunday allowed 1t to proceed but d.
that the parties should appear at this bar at 10
o'clock this morning, to answer for the contempt COM
mitted by them In presence OF the court Here, said
His Honor, 1t may be proper to remark that TINS tria
was Of such character and upheld by such evidence
and such language used both in regard to the parties
and witnesses and such amount OF cpthets applied
them by the counsel on each side as would be sum-
cien for the of all the courts in this hall for ono
year. In addition to which, the length OF time tho
trial has been protractcd must have relaxed the nerves
of all parties and produced such IA state of irritation
and excitement in the parties concerned as VIII Jus
tify the court in exercising its powers win lencncy
this occasion but the court takes TINS opportunity
of adonishing counsel that hereafter in all cases of
contcmpt tho court will not allow such of
conduct to pass with mpunity but will treat it as
such, and punish the parties offending accord
ingly. The statute under which proceed,
authorizes any judge, in whose presence a con-
tempt has been committed, to inhct fine of
1850 and imprison the party for not than
thirty DAYS The Court Is also armed with other
powers in addition to those already mentioned over
lis officers. If counsel or attorney ofthHCourt
mits contempt in its presence, the Court il author
lied to strike the name OF such pcrscn from the rolls
of the Court altogether His Honor then went to
say that the proceedings and testimony developed in
this of the most prohigate character which
may have induced counsel both sides make COM
menarcs and use language that under other circuni-
stances, would be incxcusabe; he would, therefore.
these things into consideration along with the in
hrmites Of human nature in his opinion they in
duced what followed Mr. Bowman, his Honor said,
was placed in an extraordinary position in regard to
the testimony Of the witnesses the various prosec
tions against Carpenter, which had given to this
cause, and Mr. White induging in n running
commentary on his conduct, and was not, perbaps
strictly in order but will not say, now whether h