The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-12-17
PRICE TWO CENTS,

the counsel was, and what was the remark made,
and what took place?
Mr.. Gaither.-On the day in question. | was
standing near the office when Mr. Mayer came cut
| asked him if they had come to anv conclusion
about my right to take possession of the office; he
| replied that Mr.. johnson and himself had consult
ed together, and that he had just left their opinion
| upon the subject with Mr.. Turner; then asked if
| me opinion was favorable unfavorable to my
clam he said, certainly, it uniavorable; after
receiving this answer, and acting from the impulse
OF the moment, walked in and took possession of
the Office
Mayer, that the opinion was unfavorabe to YOUR
claim, all that excited you, or was the reply of Mr.
Mayer given in such a manner as to exhibit any
personal feeling in the matter and had you ever
had any intimatiOns that the opinion of counsel
would be favorable to your claim?
Mr.. Gaither.-I never had any intimation that
the opinion would be unfavorable to me. | met
Mr. Turner several times after the petition was
nled, and, from conversation had with him. believed
that the opinion would be favorable
Judge krebs.-The reply of Mr.. Mayer, then
was all that excited you; it not the manner in
which he delivered that reply?
Mr.. Gaither.-No, sir; Mr.. Mayer was very afa-
bic and gentlemanly to me; all that excited me
was what he said to me. | act at times SIR very
lmpulsively: that is natural with me.
Judge hrebs here remarked that Mr.. Mayer, be-
ing present could hear what Mr.. Gather said, as
1t might have been supposed by others that his
manner to Mr. Gather had caused him to take the
course which he did.
Mr.; Mayer remarked that he had nothing to saw;
Mr.; Gather had replied correctly; he (Mr Mayer(
had merely answered the question of Mr. Gather
at the time in otf-hand. business manner
Judge hrebs.-This conversation with Mr., Maver
occurred before the hour appointed to meet your
counsel?
Mr.. Gather.-Yes, sir The understanding was
to meet my counsel at o'clock; this took place be-
tween IL and II o'clock.
Judge krebs.-hlr. Gather in all that YOU have
sad and in all that You have DONE do you now
disavow any intent to insult the dignity of this
Court. or to act cOntemptuOuslv of its authority?
Mr.. Gaither.-I do, most certainly.
Judge hrebs then said that it was unnecessary
Tor HIM to refer to the facts of the case as set forth
IN the petition Of Mr.. Turner, and what he knew of
ms own personal knowledge in the premises; he
still regarded the conduct of Mr. Gather in taking
possession OF the office of the Clerk in the manner in
which he did, as contempt of Court, as expressed
IN the Courts opinion yesterday; and would be com
PEELED to impose upon him a fine of one hundred
dollars lie had heard the diSavowal of Mr. Gather
that 1t was not his intention to act in contempt of
the authority OF this Court or to offer any insult
to Its dlgnlty-still he would have to impOse n fine
upon him which, taking the disavowal of Mr.
Galther and his limited means into consideration
he thought would be sufficient. He would there
fore, order Mr.. Gather to pay IA fine of one hun
dred dollars, and direct the Sheriff to collect il and
make return to the Court.
Mr.. Barry asked if Mr.. Gather was to be con-
sidered in the custody Of the Sheriff until the fine
paid.
The Court replied that the or der placed Mr.,
Gather in the same situation as if an attachment
was served upon him
Mr.. Barry then said that the counsel of Mr..
Galther would consult what action they would
take in the matter. They would onnose thn nav
ment of the fine; very likely sue out writ of hGb-
eas eorPas, to take Mr.. Gather from the hands of
the Sheriff.. Soto oce)-Mions for defence, not
one cent for tribute
Mr.. Gather then retired with his counsel
aft fnlo
Sheriff Dutton and Mr.. Barry, entered the court
room, when the latter, addressing the Court, said
that Mr.. Gather, not wishing to delay the business
ol the Court, or to Inconvenience the public, its
the duties of the Clerkship.
Sheriff Dutton said the fine had been paid as the
Court had directed.
Judge krebs then delivered thedockets and seal
of the Court to Mr.. Gather, who immediately en-
tered upon his duties as Clerk of the Circuit Court
for Baltimore City.
SUPERIOR CoURr.-IIon. II. n Martin, Judre
Inc following occupied yesterday:
Elisha WartOrd and others us. Richard Colyin
Wartord An action of eiectment, under the will
OF the late Rachel COlyin. Before reported Not
concluded
UNITED STATES DIsTRICT COURT.-IIon. VIM Fell
Giles, Judge Wm. Meade Addison, Esq, United
states rs District Attorney, prosecuting.
The United States Us. Francis BARTLETT first
mate OF the ship Euterpe Indictment for inGcting
cruel and unusual punishment on John johnson, one
9" the crew of the ship Euterpe, on the high seas
Before reported. The jury in this case brought in
a sealed verdict yesterday, finding the traverser
guilty on the first and second counts Of the indct
ment-that OF common assault; and not guilty on
the other count, that of inlicting cruel and unusual
punishment. The Court sentenced the traverser to
pay lne OF So and costs, the whole amounting to
upwards of 5000.
John johnson IS. The Ship Euterpe libel for
wages. On trial.
Nothing done in the other Courts
no ~ pUtTTNA AZ I,,Js.
O'Clock this morning, to dispose of the usual as
saut and battery cases