, 1864-10-07
Assembline Of the Dlstrict Court,

The Fall term of the District Court of the
First Judicial District convened in this city on
Monday morning last, October Sd, at IL o'clock
His Honor Judge E, P. Olphant, on the
bench; B. n. Sexton, Clerk, W. s. Gillian,
Sheriff for the County; A. Seitel, Deputy U. S.
Marshall L. j. Rector, Crer. J. H. Lasater,
Esq, having declined to qualify as Prosecuting
Attorney for the Territory, to which position
he was duly elected in July last the Court ap-
pointed Sheldon B. Fargo, Esq, to that posi-
ton. Mr.. F. accordingly qualified before the
Clerk. Messrs. Edward Chittenden and VIM.
P. Horton were appointed and qualified as Bal
lifts during the pending term. During the alb
sence of J. ]. McGilvray, Prosecutor in U. S.
cases, Otis L. Bridges will act in said capacity.
On motion of F. P. Dugan, Leopold Wolff, Esq,
of Portland, was admitted to practice at the
Walla Walla Bar; at the suggestion of S. B.
Fargo, James D. Mix, late of the California Bar
was allowed like privilege. The Court then
proceeded with the regular business. The
Sheriff returned list of the names of such tale
men as had been sub bpenaed in this and Stevens
counties to act as Grand Jurymen. His Honor
then notified those that had causes to state why
they could not serve, to come forward and make
them known. One gentleman said "May it
please your Honor, my wife is at home sick and
l cannot be away !" second affirmed that he
chad to look after the public school interest,"
and another that he "was busy threshing; his
grain was all exposed and he must attend to it;
while the fourth found an available excuse in
"bad hearing" The Court deemed these as
good and sufficient excuses and they were ac-
cordingly permitted to leave; while the Deputy
was allowed till next morning to complete the
panel.
Just at this point of the proceedings,
considerable commoton and wrangling oc-
CURED in the room, and Judge Oliphant look
ing towards the members of the bar, seated
around the table, addressed them pertinently in
this wise "Gentlemen of the bar, I'm afraid
this is going to be a noisy room there must be
order in the Court room; if there is not a sufi-
cheney of chairs, ETC.. let ample provision be
made for them; if the Commissioners for the
| County will not sanction it, something may be
found in the Statutes of the Territory to compel
them to do so. Another thing gentlemen, these
side thrusts and personal allusons passing be-
tween opposing counsel are improper and un-
called for; don't let the business of your clients
be turned into matters between yourselves act
with dignity, and let your clients see that you
can conduct their cases. to the end that while
their rights are adjudicated, their wrongs may
by redressed." The members took the hint
good naturedly and promised improvement in
behavior.
The civil docket was read over, and thirty ca
ses called out some ordered to be entered
as having been settled by the contending par
ties and costs paid by Plaintiffs or Defendants
as the case might be; others noted continued
over to the next regular April term, while 9TH
ers again were put down as being ready for trial
this term. The remainder of the morning ses-
sion was occupied mainly in hearing motions of
counsel. ruling, etc, when the Court ordered a
recess till two O'Clock, p. m. Upon re-assem-
bling nothing of special note was transacted.
The Court is holding in the room over the
Jail Building. Among the attorneys present,
we noticed the efollowing-named o. Bridges,
L. Jay s. Turney ]. H. Lasater, w. C. Lang
ford, Judge Mix, F. P. Dugan and S. B. Fargo.
On Tuesday the Court met pursuant to ad-
journment and it was announced that four jury
men had been selected to fill the places of those
discharged on Monday The Sheriff was or
dered to conduct from the prison at the Post
such of the citizen prisoners were there con-
fined on criminal charges and awaiting the ac-
tion of the Grand Jury, in order that they might
be in Court and consult with their counsel. The
Jurors were then examined on their uoir dire,
and all answered that they had no prejudice or
bias against the accused that would prevent
them from doing justice according to the testi-
mony which might be brought before them
/ They were then sworn in by the Clerk, and the
Judge proceeded to charge them as to their du-
| ties, &C. The main features of his address
were directed to those matters over which they
as grand jurors would take cognizance, such as
misdemeanors, violations of U. S. Laws, treason, ,
selling liquor to Indians under IA Superintend-
ency, purchasing clothing from soldiers. He
! called their attention to the crime of murder,
its degrees, etc Allusion was made to the con-
dtion of the Jail; ''citizen prisoners should be
confined in the county Jail; it is optional with a
military commandant to refuse or receive them;
it may not be always convenient to accept
them; suggesting that they not merely report
the building in unsafe condition, but also
how it can be made safe, and at what cost Do
this, or let the complaints of the public about
the Sheriff and his officers permitting prisoners
to escape forever cease"
During the afternoon session there was lit
| tie "feeling" manifested by some Of the law
yers, occasioned by the refusal of Gov Turney
to comply with an order of the Court directing
him to deliver up certain paper The Cover
nor persisting Mr.. Dugan arose and moved
that the name of L. Jay S. Turney be stricken
from the rolls of this Court. No action taken.
Mr.. Fargo: II wish this Court to enforce its
order just given to Mr.. Turney." No action
was taken on either of said motions. The spec
tators winked at each other and all concerned
were left to draw their own differences as to the
majesty and peremptory orders of Courts in