Evening star. [volume] (Washington, D.C.) 1854-1972, 1861-10-22
LATE LOCAL NEWS.

CIRCUIT CoURT-HigkIy Infsrsstisg asd Irs-
poTtaAt ProeeedfHgS GTotciHg out Of fhs Arrest 0
Judge MeTriek This morning, at the usual hour
for opening the court, Judges Dunlop and Morsell
appeared, and directly afterwards retired 10 the
MarshaI's office. They entered the courtroom
about noon, and Judge Dunlop announced that
he had received a Communication from Judge
Merrick, which he would proceed TO read. He
then read the letter 20 crowded courtroom, there
being a large attendance Of the bar and some
spectators.
The letter states in detail that on Saturday, the
LIST inst Mr.. Foley, attorney In this city, pre-
sented petition, in proper form, for the issue OF
a writ Of habeas corpus In the case OF John Muir
ply, minor, rs years Of age,) who was detained
by the Provost Marshal. He Judge Merrick) then
gave the necessary order othe clerk and the writ
was issued In proper form. Mr. Foley informed
him (gudge NJ } afterwards, that on account ofthe
many engagements Of the Deputy Marshal he
(Mr Foley) had himself served the writ on Gen.
Andrew Porter, which Judge Merrtck addtl
Mr.. Foley bad right 20 do and Gen. Porter
Mr. Foley understood him 20 mean the Secretary
OF State-as to whether he should respect the writ
or not, and thst be (Mr Foley) might consider
at large on parole.
Later in the evening Cthe letter proceeds) Mr..
Foley and one more with him called on him
Judge Merrick } and one that he (the yudge) IN
dsrrtood 10 be an elderly brother Of Murphy,
asked IL his brother John Murphyf might now
be considered finally dismissed, and IL he could
return To his friends, as be had heard bis brother
y
Judge Merrick declined 20 say anything at alt
about the matter, and Informed the parties thst
what would be done would be done tudiciallTi
that the Circuit Court would meet on Monday
morning fer the regular term, and that the case
might be brought before II, for the advice and
action Of the whole Court
Mr. Foley said he would make the necessary
affidavit, and expected for that 70 be arrested.
Judge Merrick. before the hour for the assem-
bling Of the court Yesterday morning, saw the
clerk, Mr.. Charles McNamee, and desired him 70
- - ~. - Nnww
action.n About II O'Clock member OF the bar
informed him (Iudge Merrick) that Mr.. Foley
had been arrested and confined, and he (the
Judge) replied that such statement must be made
In court.
The Judge then proceeds TO state that be bad
been to Georgetown to visit bis brother judges
Yesterday evening, aud returning between si1 ana
seven O'Clock, he found pacing the street IN 'front.'
informed the sentry was placed there about nve
O'Clock D. m, and sentries had been In 'front.' OF
his house continually until now
He proceeds 70 saw that attorney practising
before this court, in serving legal process IN
proper form on a military ofncef, is FIRST threat.
ened with, and then fully imprisoned, and that
the same officer then attemps TO insult and intim-
idate the Judge vino issued the writ, by his ac-
tons already detailed, and that be has thereby
acted in defiance and contempt OF the Judge Of
the Court
The Judge, in conclusion, requests his brother
Judges TO cause his communication 20 be read In
open court to account for his absence, ana tnei u
be entered on the record TO show hereafter WV,
on this I'D day Of October, 1851, ne ala NOT tp
pear in his accustomed place
Judge Dunlop announced that the two remain
ing judges (himseh and Judge Morselil had,
be fled az requested by Judge Merrick, and u
was now 90 ordered They also thought 10 night,
az the writ (ot habeas corpusl had been regularly
issued to state that the matter was now before THIS
This statement of their brother Judge presents .
case where the progress Of law 10 obszuetedi and
the remedy t is the duty Of this court 70 enoro;
and II the facts are stated 20 cause the law 20
be respected. AS the Provost Marshal had OBJ
structed process Of this court, IL would order
rule 10 be served on Gen. Andrew Porter 70 sp-
pear before the court and show cause Why an al
iachment for contempt Of court should not Issue
Judge Morsell said that this was q pslpsble,
gross obstruction 20 the administration Of justice,
seat because be Issued writ Just such % the lay
requires The placing Of q sentinel before Judge
Merrick's house was evidently for the purpose q
embarrassing him in this particular suojecl ana
He (Judge MorselD would make the rule
broader 30 as 70 have M Proves satisfy the
court AZ 20 beth matters. The court nss ~ Guy
to do, duty the judges are sworn 70 90, e5e ~.
duty 10 the administrator OF lusaee acco'oihs 70
What 4. the real state Of thingsi IL martial law
10 70 be our guide, we look 70 the ffe.oen. ot
| the United States 70 say he lJudge MorselD
Il aid not pretend TO controvers the right OF me
Prsident TO proclaim martial law, but LEI him
| issue his procismstiou. The Judges have their
duty 10 do under the law, and they ars liable 10
be punished IL they do not do It.
The Judge then spoke Of the rule which would
he served on the Provost Marshal, and In conclu-
ron said: intend 20 do my duty, and vlndicsts
the character Of this Court al long a. at here
| (Applause by members Of the bar and others,
which YVES promptly checked by the deputy mar
shal 81 am an old mani
|. IThe conclusion Of Judge Morsell's last sen.
tence our reDorter could not catch on account q
the subdued applause which again commsnced
and was again checked % before j
Judge Dunlop thea proceeded 70 write n''tr :
20 be served on Gen Andrew Porte, reau -
him 10 appear before the Court on caiurass n. ~
20 show cause why q writ q attic hfnsaf u q
tempt Of court snail not issue 1ssinsi ntM
Ta CLERK thea preeeeded W eau 'As WV
dockst.