The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1852-05-29

LAW AND JUSTlCE.--Our attention
has been attracted by an article in the
Baltimore San of Saturday the 22nd
inst: in relation to the decision of the
Supreme Court Of the United States in
the case of the Philadelphia, Whining
ton and Baltimore Railroad Company
versus Sebra Howard. 1t will be re-.
membered, that in the year 1887, a SUIT
was instituted in Cecil county Court by
Sebra Howard and Hiram Howard,
against the p. w. & B. Railroad Co.
The damages were laid at a heavy
amount, and the most eminent counsel
in the State were employed. In refer
ing to this case the article in question
says:
"The case was continued, under various pre-
texts, by the court for more than ten years, and
the company, in their efforts to defeat tho claim,
thus constantly furnished with legal opportuni-
ties to force the plaintiff to accept any terms
they mi:ht choose to dictate for u settlement
A decision OF the court was finally made that
the plaintiff was not entitled to recover any
thing. On this decision an appeal was taken,
and the Court of Appeals, at Annapolis. set il
aside, and sent the case back to Cecil 20 be tri-
ed on its merits by jury, the plaintiff never
having been able to get his case TO Jury in
that county, by reason of the Interference of
the court in behalf of the company"
We do not purpose going into the
details of the case as that would take
more space than we have TO devote to
it. But we can assure the writer of that
Article, be he whom he may, that, they
fully Justify us in contradicting most
emphatically the charges therein con-
tanned against the integrity of the Court.
The Court never adopted any pretexts;
nor was any decision ever given in the
case, that was not strictly just and legal.
And this we say in the face of the deci-
sion of the Court of Appeals. When
the appeal was taken to that tribunal,
the leading counsel for the Company,
for some private reasons, abandoned the
case; an abstract was then made out,
which abstract did not contain the mate.
rial points upon arhich the decision had
been rendered in Cecil County Cont.
The decision ofthe County Court wasnot
set aside, the cunning of counsel having
succeeded in bringing new case before
the Court of Appeals.
A decision adverse to the plaintiffs
was made second time, in the County
Court. The case was then carried to
the Circuit Court of the United States
for Maryland, where the jury rendered
a verdict of $25, 200 with costs, in favor
OF Sebra Howard. How many changes
the case underwent in its transition from
the Court of this County to the Circuit
Court of the United States, we do not
know, but, in the report of the decision
of the Supreme Court, the name only of
Sebra Howard appears, while the SUIT
was always brought in the Court Of this
county in the names OF Sebra Howard
and Hiram Howard. So that we may
safely conclude, that new case was in
stituted in the Circuit Court ofthe United
States, as well as in the Court of Appeals,
SO much for the facts in the case; now
for the tone and intent of the article in
the Sun. We have no hesitation in
saying that it is nothing more or less
than covert attack upon the dIstin-
guished legal gentleman who held the
position of Chief Judge of the Court in
this county during the progress Of thistr
This position he no longer holds, but
the lustre of his name shines as brightly
as when surrounded by the gilded trap
pings of official dignity. TO him the
JUDICIAL ermine would be no ornament,
were it even unsoiled by the blackening
touch of parry pollution. The love and
respect of an intelligent community,
based upon a knowledge and apprecia-
ton of his virtues and eminent talents,
throw around him bulwark, which the
petty darts ofenvy and malice can never
penetrate. We blush to think, there
lives man so void of every noble sem
tlment, as to attempt TO defame his char
acter now in his declining years.
The Court of Cecil county has ac-
CURED an enviable reputation for integ-
nty and learning, and we are happy to
know that this reputation bids fair to
be retained, in spite of all the efforts to
cast imputaton upon it.
CoNGR EssIoNAL AND LEGlsLAT1vR.-