Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1858-04-22

tain, II possible, knowledge OF Tue losC WAIVER
of inquisition. The persons subpGn9d appear
ed before the magistrate, (Esquire Avery and
after two or three witnesses had testified, Mr..
! Newton was called upon, when he refused to be
sworn. ThereupOn the magistrate committed
him, and he was taken up by the Constable
into custody, but not to prison lie applied
| for a writ Of habeas corpus, and was brought
before Judge Boyle, one of the associates, when
! by an arrangement satisfactory to Mr. r.Newton,
the hearing was postponed until the setting of
the next Court. At the succeeding term, Nov.
lS45, the habeas corpus came up before the
Court, and was fully heard Mr.. Newton
claiming that being the attorney of Taylor,he
was bound not to testify. Here was my first
acquaintance with the subject. On the dispo-
sition of the habeas corpus the Court said to
| Mr. Newton that he was in error in refusing
to be sworn but that the matter could be
easily disposed Of if Ae would then signify to
the Court his willingness to testify on new
rule to be entered in the case. Mr.. Newton,
! thereupon, in writing, expressed his willingness
70 testify, and requested that his deposition
: ght be taken on proper rule and notice be-
! fore either OF the Judges Of the Court and
was thereupon discharged from the commitment
Of said magistrate.
| Every material fact thus far given is estab-
! shed by the record in the matter of the habe
as corpus, and the afidavits Of Mr.. Chamber
lain and Frazer, herewith submitted to the
| Committee.
| heard nothing more Of the matter until
the next term Of my Courts in that county, in
January following, when | heard that a new
rule had been entered, and Mr.. Newton'S de-
position was to be taken on certain evening
during the first week of Court. On the even
ing fixed for taking his deposition, the Court
adjourned for half an hour longer than usual,
to enable me attend to this business The de-
position was TO be taken in the Court room,
and was there some half an hour before the
time for calling Court, waiting for Mr.. New
ton to appear /; but he, as | fully believe, ab
sented himself to avoid having his deposition
taken He had been there, and looked into
the Court room, sometime before | went in,
and was at the time | was waiting to take his
deposition in the lower rooms of the court
house, or but few rods distant therefrom.-
When the time arrived for calling Court, |
endorsed on the back of the rule, that the mat
ter was postponed to a certain other evening,
and directed the defendants attorney to take
another subpoena and serve it upon Mr.. New
ton. | had just opened the Court and was
proceeding in the business when Mr.. Newton
came in and took a seat at the bar.
The second evening, on which by the ad
journment, Mr.. Newtons deposition was to be
taken, the Court again adjourned for half an
hour longer than usual, and | went from the
table to the court room, and was waiting for
! Mr.. Newton to come in, when letter was
handed to me from him, in which he said
among other things, that he was not bound to
appear aud testify before me on that evening,
because the rule had became nugatory, by not
taking his deposition on the former evening,
and also stating that he had left MontroSe on
important business Mr. Newton boarded at
at the same house where l lodged-our rcla-
lations were friendly-I had seen him at the
tea table, yet no word had he spoken to me
about leaving.-It was sometime after dark,
and a night of storm aud extreme cold. Mr..
| Newton had hired a horse, aud left within the
time when his deposition was TO be takens un-
der, it is true, an allegation of business, Int
which all the circumstances proved was merely
! a pretense. He went some SIX miles iron
MontroSe, where he put up for the night and
proceeded OH his journey the next morning.
| directed an attachment to be issued, and
in four or five days Mr.. Newton returned, and
came into Court. Presently after he came IN,
| took his deposition, the Court at the time
being in session, after which | directed a rule
to be entered upon Mr. Newton to answer for
a contempt &c, on which the material facts as
herein set forth were proved. Mr.. Newton
was allowed to make his own statement, and
declined to inform the Court as as to the bnsi-
ness that he alleged had thus suddenly called
him from home He did, however, state that
no sudden emergency had arisen, or informa-
ton reached him giving special Importance to
the business, and making it necessary that he
should attend TO it at that time. Mr.. New
ton called witnesses who were examined ; and
the evidence was taken in writing and flied of
record 1t was afterwards taken by Mr.. New
TN from the Proth0nOtary'S office, against the
consent, and despite of the efforts of the Clerk,
aud has not yet been returned. The matter
of the rule was continued upon the request of
MrNewton until the next April term, when it
was disposed Of, the Court making the follow
ing order
" April, 18th, 1856, the Court order Naham
Newton be suspended from practichg as an at
tOrney in this Court until such time rs re-in-
stated by a revocation of this order"
At the time this order was made the Court
signifed to Mr. Newton that it would be re-
yoked at any time when he would express re-
rret for his conduct At the Succeeding Au
gust or November term B. /. Chase, Esq. call
ed upon me in company with Hon. VIM. Jes
sup, ana expressed desire that Mr.. Newton
should be rcinstated | expressed to t .
gentlemen my desire to re-nstate him, and re-
grct for the necessity that had led to the order
for his suspension. and offered to revoke the
order at once, if Mr.. Newton would submit to
the Court writing in substance and nearly in
language as follows
The Undersigned Naham Newton, repre-
sentS to the Court, that in leaving MontroSe
on the evening when his deposition was to be