The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-04-19
Ia w LNTELLIGENCE.
CRIMINAL COURT.-JunGE Bonn

u.
sentenced to confinement in the penitentiary at
hard labor for the term of seven years and two
months.-All indictments for sale of liquor ON
Sunday or without license, for keeping gambling
and Sawdv houses and for renting houses for pamb-
ling purposes will be called for trial this morning.
--The matter Of the appeals from the re-
turn OF the commissioners for opening Hol-
iday street, before reported, occupied the
Court during the remainder Of the day
CITY CIRCUIT COURT-TUpGE KRErs
esterday morning, about II O'Clock, George
W. Sherwood, the Clerk appointed by Judge
krebs, came into the Clerks office, and demanded
possession OF the seal, papers and dockets of the
Court, from Thomas b. Gather, the present in.
cumbent, who refused to deliver them-Mr.
Sherwood then entered the Courtroom, and in
formed Judge Krebs, that, in compliance with the
order of the Court, passed on Tuesday, he had
made demand upon Mr.. Gather for the
seal, papers and books of the office and
that Mr.. Gather had, courteousIy, but en-
phaticaly refused to surrender them
The statement of Mr.. Sherwood, by request of the
Court, was put in writing. An attachment was
then served upon Mr.. Gather by the Sheriff, to
answer for an alleged contempt of Court In a
few minutes Mr. Gather appeared in the court
room in the custody of Sheriff Dutt0n. The Court
addressing him, said: Mr.. Gather Mr. Sherwood
informs me that he made formal demand upon
you this morning, in accordance with an order
passed by this Court yesterday, for the seal papers
and dockets of this Court, and that YOU declined
emphaticaliy to deliver them up to him. Have you
Mr.. Gaither.-Nothing further, sir, than that |
think ! am acting correctly. Court-If YOU wish
to say anything the Court will hear You by coun-
sci. Do you desire to be heard by coun-
sell Mr.. Gather.-l do, sir, and | have sent for
him; | would here state to the Court that Mt the
time the demand was made upon me by Mr. Sher-
wood, requested him to delay the matter for a
short time, because my senior counsel
was not in the city, and had not de-
cided on what course to pursue
Court You said yesterday that your counsel
would be in town certainly to-day, and, therefore
Mr. Sherwood delayed making any demand upon
you.-Mr. Gaither.-l certainly thought so Sir
but he is not here. am here to await any action
the Court may think iit to take in the matter |
consider, Sir, that represent the feelings of the
citizens of Baltimore, in regard to who is the pro-
per Clerk of this Court; and that | am the Clerk,
until some one else shows better claim to the
Gather, the Court will
hear with pleasure what you have to say through
counscl.--Mr. Gather then retired. In about
fifteen minutes he again entered the courtroom,
and said: 81 have been unable to find nv senior
counsel; he is not in the city. ] have conversed
with my other counsel, Mr.. Barry, and
| have been instructed by him to abide by any
course the Court may seem fit to pursue. /
think | know my rights rs a citizen, and intend
to maintain them.-Court.-- think know the
duties and rights of Judge, and | intend to
maintain them.-Mr. Gaither.-That'sa difference
of opinion; | am willing that we should both 90
before the people of Baltimore in this matter, and
d
| as Clerk of this Court | consider the books and
papers OF this Court my private property, and
have put them under lock and key. - Court
consider them the Courts property, but do net
intend to discuss the question with you, sir; l will
hear you through counsel.-Aiter receiving reply
from the Court that it would willingly wait until he
procured counsel, Mr.. Gather again retired
lapse of about 20 minutes ensued when Mr.. Gather
entered the Court with VIM. Price and X. G. Barry
Esqs. Mr.. Barry remarked that he had nothing to
say; Mr.. Gather was in the hands of the Court now
for it's action. He contends that he has certain
legal rights, which his counsel will endeavOr to
maintain after the action of the Court. Mr.. Price
said that he came in as counsel for Mr. Gather al
though not familiar with the circumstances of the
case. Mr.. Schley, the senior counsel with Mr..
Barry, was absent, and he would merely say that
the action of the Court would decide what course
counsel would persue hereafter.-COurt.-Mr
Gather has refused to deliver to Mr.. Sherwood,
the papers, seal and dockets of the Court in viola
tion of order of the Court, and regard his
duct grossly in contempt of the Court. Assuming
that l had the power to appoint clerk, according
to the provisions of the law, and having appointed
Mr.. Sherwood clerk, passed an order upon Mr..
Gather to deliver into the keeping of Mr.. Sher-
wood, the seal, papers and dockeTs of the Court.
This order was read in Court, in the presence of
Mr.. Gather, so as to inform him of its contents
A delay of one day has elapsed, and upon Mr. Sher-
wood making demand for the books, &C., upon Mr.
Gather be has refused to deliver them and declared
that he will not do sc, the presence of the Court
at the same time calling them his private property.
The Court considers this a contempt in the high
est degree, and shall proceed to inaict such pun
ishment is commensurate in its opinion with
this gross contempt of its authority. Court
then read the following order:
In the Circuit Court for Baltim5re City-AprI 1871
1S60.-Thomas B. Gather having refused deliver
George w. Sherwood, the Clerk of this Court,
dockets books and papers relating to the business
Court to allow him to take possession thereof in
ormity with the order of this Court passed the 18th
inst Whereupon the Court ordered that an attachment
do
the said attachment being returned served by the Sheriff
of Baltimore city, and the said Thomas B. Gather being
in Court and admitting that lie had refused and per
ssting in his determination to do: 1t is hereby ad
judged and ordered by this Court that he pay fine of
hundred dollars and be in the custody of the Warden
of Baltimore city Jail for thirty days and until the said
fine be paid. WIN GEORGE KREBs.
Mr.. Gather was then put under the custody of
Deputy Sheriff POntier.--The Court then re-
marked to Mr.. Sherwood that all the papers in
this proceeding were to be entered upon the dock
ct of the Court, and addressing Mr. William L.
Schley, assistant clerk under MIR. Gather, said:
Mr. Sherwood wants to make some necessary en-
tries upon the dockets of the Court, you will al
low him access to the bOoks.--Mr. Schley-I
have not possession of the dockets, your Honor,
they are locked up and Mr.. Gather has the keys
-COurt-Mr. Sherwood, you can get possession
of the dockets, by sending for locksmith and
having the locks picked. want to see the dockets
myself. Have them brought into COurt.-Mr.
Schley-I am only acting under orders, your Hon
or; have not possession of the dOckcts; | have no
desire to interfere with the orders of the Court
"A locksmith sent for, and in few min
after his arrival the locks of the containing
the seal and dockets were opened and the books
carried in and and laid upon the trial table in the
Court room. Thus Mr.. Sherwood was put in pos
session of the records of the Court, and entered
upon the duties of his oflice.-What is to be done
by the counsel of Mr.. Gather will not be known
until Mr.. Schley arrives in the city, which il is
presumed will be this morning.
COURT OF COMMON PLEAS-JUpGE MARsUALI
John Horney as Henry Giles and Edward Har-
ris. An action OF ottrespass. Verdict for plaintiff
for Sl75.
SUPERIOR C0URT-JUDGE MARTIN
The Court having commenced the docket at No
Z55, at the present term, after disposing of the
assignment will proceed to call the postponed cases
Assignment to-day 2l2 to 232.
UNITED STATES CIRCUIT CoURT-JUpGE G11Es
James G. Noel Us. Joseph S. Donovan. An ac
hon to recover the amount paid defendant for
negro woman, warranted to be in sound health
Before reported. On trial.
CIRCUIT COURT OF ANNE ARUNDEL COUNTY
JUDGE BREWER
The case of Alexander b. Hagner, indicted fol-
assaulting Col George W. Hughes, at a politca
meeting during the last Congressional campaign
| was disposed of yesterday before the Court. Mr.
Hagner was adjudged guilty, and fined one dollar
| and costs. The Grand Jury of that county exam
| ined into the matter of the shooting of Thomas
Gardner, Clerk of the Criminal Court of Baltimore