The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1856-04-11
WOODBURY. DAVIS.
Statement of Gen. S. ]. Anderson.

IOkIIAND. 81 AOco
Hon. WOODBURY. DAVIS, Portland, Sir: In
uswrr To ce,tain inqunies made by You ~
eivrence to conversation that i0ok place
It ,our Chambers on Saturday, Jan. 18th,
would slate that IN the afternoon OF that
lay, in company with The Hon Joseph How
I'D and Daniel G. Emery, E'q dad Gull al
YOU. charlottesville SGmeIne CouIt having
hen been in session during The week yonl-
.rlI presiding. Our object was to no,iil
you that Nj. Emery hal been appoint,d
nd qualified us sheriff "f the COUNTY. Nj.
8akei had been employed us the office, Il
The Court up to that time. Beiole CALM
upon you. We had noIiiitd MIR. Baker VI
the appointment Of Mr. Emery.
MI Howard, acting la behalf OF Mr.
Emery. did say to You. that ON The follow
-. Monday Mr.. Emery would appear in
pen Court, ami claIn TO he employed ir-
trad al NJ, Baker: and iha, as Mi. Em-
cry had been qualified, he thought II bat
Jus, that you should be notified OF The TACT
ina, he claimed his place rs sheriff; aud
hat We had thought it proper to give this
rollce, in order that The Court might be pre-
lar,d TO meet the question, when It should
70 presented To The bes, Of my reco lee
ION. no notice was given that the question
would be argued, nor any iuiimation made
that any hearing was expected.
You did express a strong reluctance 10 de-
Gliding the question, and rave as your OPT
ION, that u ought, in the fist instance, 10 be
presented to the foil CONT. You also STA.
ed, that you had hoped that some alnlcdble
~, hat
Messrs. Baker and Emery relating to the
business. until the opinion oil the Court
could DO OBJ ained-saylpg. that IL YOU
,pinlon should prove erroneous, The one
Who had not been emplo, ed, would seem to
have no,remedy. Ia answer to this, Il was
suggested lha, the Legislature might be ap
died to Tor compensation.
After some further convei salion, the IN
tsryirw closed with thu understanding thai
tho question. so fur rs ], related 10 the re.
cnannion Of Mr.. Emery or Mr. Baker.
,huuld be decided at The opening OF the
Court ON the neat Monday,
am very respectfully,
Your Ob-,iieut Servant,
SAML J ANDERSON
end. A statement signed by Samuel Fes-
.enden, E q P,e.idcu, Of the Cumberland
Bar. aud Others, stating the circumstances
Shich occurred when The question was pre-
nt,.d in Court. Statement is thus:
Statement Of Samuel Fessenden and
others.
To the Honorable, the Senate of the State Of
Maine.
The undersigned, Members Of the Bar Of
county, respectfully bear testi-
lnony to the accuracy of the following
statement of fact, which transpired in the
Court holden by the Honorable Woodbury.
Davis, for Cumberland County, in January
Of us being present at the time.
Mr.. Daniel c. Emery appeared in Court
with his commission, duly signed by the
Governor, for the Office of Sheriff of said
County. Mr.. Seward NJ. Baker was at the
time, and had been during the whole Of the
preceding days of the term, officiating as the
Sheriff of the county, under commission
that was conceded to have been duly issued
by the Governor Of the State, who had pre-
sded IN Office, the Governor by whom Mr..
Emery alleged commission had been issued.
Mr.. Emery, by his counsel, Hon. Joseph
Toward and Hon. Nathan Clifford, claimed,
in somewhat extended oral arguments, sub
nitted by said counsel. to be the rightful
md constitutional cncumbc Of said Office
II Sheriff, to the exclusion Of the Aforesaid
,ctiug Sheriff, and by virtue of his appoint
nent and commission Aforesaid, and Of the
alleged removal from Office of said Baker
ind that the question was one which, from
hs necessiy Of The case, the presiding Judge |
boye named, MUST decide, and could not
yoid. Both of said counsel spoke with
arnctncss and ability, alike in advocacy,
nd upon the propriety and necessity Of a
finite decision of the conflicting claims to
no Office Of Sheriff, thus presented to his
office.
When each Of said gentlemen had con-
luded his remarks, to whom Judge Davis
stened with marked patience and respect,